DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-12 and 14-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1 (12 and 18), the claim states: the network operation control monitors performance indicator values that are “collected independently of user equipment (UE) reporting”, which does not appear to be described in the original specification. Para [0004] states, in other prior art, the UE informs the RNC about the potential sleeping cell and this disclosure provides a different solution, Para [0005]. The rest of the specification appears to be silent on the UE reporting/transmitting any information that may be used to detect a sleeping cell or not.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 19, the claim states “wherein the network operation control is further configured to detect an abnormal distribution event” which is unclear. It is not entirely clear if this detection step is in addition to the one or more detected events in claim 1 or just a third optional event to detect. Claim 1 states detecting one or more events: (A) a no downlink data event or (B) a no data transmission event. It is not clear if claim 19 requires detecting one or more events of A or B or C, or detecting two events of A and C or B and C? Further the event (B) no data transmission event has no uplink or downlink data being transmitted, where (C) requires an abnormal distribution of uplink or downlink data compared to downlink or uplink data, so these appear to be non-combinable events, unless they are occurring on separate occasions before considering a cell to be sleeping.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 8-10, 12, 14-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Westerberg et al (US 2017/0331565, hereinafter Westerberg), in view of Vadlamudi (US 2010/0234006, hereinafter Vadlamudi, as disclosed in the IDS) and in view of Zhao et al (US 2015/0149627, hereinafter Zhao).
Regarding claim 1, Westerberg discloses a computer implemented method of sleeping cell detection in a communication network (detecting sleeping cells, Para [0037]), the method comprising monitoring performance indicator values of cells of the communication network (analysis of changes of traffic patterns, Para [0003], determining no messages received during a time period, Para [0008]); detecting one or more of the events in a cell (ways of detecting sleeping cells, Para [0037]); and responsively determining that the cell is a sleeping cell (detecting sleeping cells, Para [0037], the potentially sleeping cell is determined to be sleeping, Para [0035]); but no explicitly detecting a no downlink data event, wherein it is detected that data is being transmitted in uplink direction and no data is being transmitted in downlink direction (DL transmission can fail and UE measurements are collected and fed to a centralized node to detect sleeping cell, Para [0004], obvious that DL transmission failing can mean no data is transmitted in DL direction, and the UE is still able to transmit measurement reports, meaning the data is still able to be transmitted in the UL direction), nor discloses a no data transmission event, wherein requests to open data connections are detected and it is detected that no data is being transmitted in uplink or downlink direction. Westerberg discloses a cell detects there has not been any traffic, Para [0034], no traffic indicating no UL or DL data is being transmitted. Vadlamudi discloses a UE can determine a cell is a sleeping cell upon failing to receive a response after a number of RRC attempts, Para [0005], RRC attempt is a request to establish data connection and UE informs a node of the potentially sleeping cell, Para [0006]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Vadlamudi in the system of Westerberg in order to improve methods for detecting and fixing sleeping cells; nor explicitly discloses the monitoring is from a network operation control (NOC) of the communication network, wherein the performance indicator values being associated with one or more base stations and/or cells of the communication network and being collected independently of user equipment (UE) reporting, wherein the detecting and determining is performed by the NOC. Zhao discloses a SON coordinator that can be in various network elements, Para [0029], the coordinator analyzes KPI to determine cell outage, Para [0079], the coordinator collects uplink/downlink data and other measurement reports related to the cell, Para [0082], automatically eliminating network failure after collecting network information, Para [0031]. Westerberg discloses measurements are sent to a central node to detect cell outage, Para [0004], the coordinator/central node is equivalent to the NOC. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhao in the system of Westerberg in view with Vadlamudi in order to decrease cost of network maintenance with automation of network planning.
Regarding claims 2 and 14, Westerberg discloses the method/apparatus of claim 1/12, wherein said determination of the cell being a sleeping cell requires that number of detected events exceeds a predefined threshold (cell detects no traffic for a threshold amount is considered a potentially sleeping cell, Para [0034] and if the cell fails to decode the probe it is considered a sleeping cell, Para [0035], cell fails to decode a threshold number of probe transmissions, Para [0035]).
Regarding claims 3 and 15, Westerberg discloses the method/apparatus of claim 1/12, further comprising responsive to the cell being determined a sleeping cell, performing a corrective action for the cell (alarm is triggered for a sleeping cell and take appropriate action to restore the sleeping cell, Para [0036]).
Regarding claim 4, Westerberg discloses the method of claim 3, but not further comprising detecting that the cell remains a sleeping cell after the corrective action being performed for the cell, and responsively performing a corrective action for a base station comprising the cell. Vadlamudi discloses self-healing actions for a sleeping cell, if first healing action doesn’t work performing another self-healing action on the base station/cell, Para [0018].
Regarding claim 5, Westerberg discloses the method of claim 4, but not further comprising detecting that the cell remains a sleeping cell after the corrective action being performed for the base station, and responsively performing a corrective action for a base station controller of the cell. Vadlamudi discloses a sequence of healing actions to perform on a sleeping cell, Para [0018], performing a healing action or fix as the BSC would be another obvious variation to one of ordinary skill.
Regarding claim 6, Westerberg discloses the method of claim 3, but not wherein said corrective action comprises one or more of the following: deactivation and reactivation of data transmission in the cell or in the base station; resetting software in the cell or in the base station; resetting one or more components of the cell or the base station; resetting the whole cell or the whole base station. Vadlamudi discloses a sequence of healing actions to perform on a sleeping cell, Para [0018], including restarting the base station, where restarts of software or other components would be other obvious variations to fix the sleeping cell.
Regarding claims 8 and 16, Westerberg discloses the method/apparatus of claim 1/12, but not further comprising responsive to the cell being determined a sleeping cell, deactivating and reactivating data transmission. Vadlamudi discloses a sequence of healing actions to perform on a sleeping cell, Para [0018], including restarting the base station, where data transmission would stop and start again.
Regarding claim 9, Westerberg discloses the method of claim 8, but not further comprising detecting that the cell remains a sleeping cell after the deactivation and reactivation of data transmission, and responsively resetting one or more components of the cell or the base station comprising the cell. Vadlamudi discloses a sequence of healing actions to perform on a sleeping cell, Para [0018], including restarting the base station, where deactivating and reactivating transmission first before attempting a restart of the entire BS would be an obvious variation to one of ordinary skill in the art.
Regarding claim 10, Westerberg discloses the method of claim 9, but not further comprising detecting that the cell remains a sleeping cell after resetting the one or more components, and responsively resetting the whole cell or the whole base station. Vadlamudi discloses a sequence of healing actions to perform on a sleeping cell, Para [0018], including restarting the base station, where restarts of software or other components prior to restarting the entire BS would be other obvious variations to fix the sleeping cell.
Regarding claim 12, Westerberg discloses an apparatus (NW node, Fig. 2) comprising a processor and a memory including computer program code (processor and memory, Para [0039]); the memory and the computer program code configured to, with the processor, cause the apparatus to monitor performance indicator values of cells of the communication network (analysis of changes of traffic patterns, Para [0003], determining no messages received during a time period, Para [0008]); to detect one or more of the following events in a cell (ways of detecting sleeping cells, Para [0037]); and responsively determining that the cell is a sleeping cell (detecting sleeping cells, Para [0037], the potentially sleeping cell is determined to be sleeping, Para [0035]); but no explicitly detecting a no downlink data event, wherein it is detected that data is being transmitted in uplink direction and no data is being transmitted in downlink direction (DL transmission can fail and UE measurements are collected and fed to a centralized node to detect sleeping cell, Para [0004], DL transmission failing means no data is transmitted in DL direction, and the UE is still able to transmit measurement reports, meaning the data is still able to be transmitted in the UL direction), nor explicitly discloses the monitoring is from a network operation control (NOC) of the communication network, wherein the performance indicator values being associated with one or more base stations and/or cells of the communication network and being collected independently of user equipment (UE) reporting, wherein the detecting and determining is performed by the NOC. Zhao discloses a SON coordinator that can be in various network elements, Para [0029], the coordinator analyzes KPI to determine cell outage, Para [0079], the coordinator collects uplink/downlink data and other measurement reports related to the cell, Para [0082], automatically eliminating network failure after collecting network information, Para [0031]. Westerberg discloses measurements are sent to a central node to detect cell outage, Para [0004], the coordinator/central node is equivalent to the NOC. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhao in the system of Westerberg in view with Vadlamudi in order to decrease cost of network maintenance with automation of network planning.
Regarding claim 18, Westerberg discloses a computer program comprising computer executable program code (computer program code, Para [0012]) which, when executed by a processor, causes an apparatus to perform monitoring performance indicator values of cells of the communication network (analysis of changes of traffic patterns, Para [0003], determining no messages received during a time period, Para [0008]); detecting one or more of the following events in a cell (ways of detecting sleeping cells, Para [0037]); and responsively determining that the cell is a sleeping cell (detecting sleeping cells, Para [0037], the potentially sleeping cell is determined to be sleeping, Para [0035]); but no explicitly detecting a no downlink data event, wherein it is detected that data is being transmitted in uplink direction and no data is being transmitted in downlink direction (DL transmission can fail and UE measurements are collected and fed to a centralized node to detect sleeping cell, Para [0004], DL transmission failing means no data is transmitted in DL direction, and the UE is still able to transmit measurement reports, meaning the data is still able to be transmitted in the UL direction), nor explicitly discloses the monitoring is from a network operation control (NOC) of the communication network, wherein the performance indicator values being associated with one or more base stations and/or cells of the communication network and being collected independently of user equipment (UE) reporting, wherein the detecting and determining is performed by the NOC. Zhao discloses a SON coordinator that can be in various network elements, Para [0029], the coordinator analyzes KPI to determine cell outage, Para [0079], the coordinator collects uplink/downlink data and other measurement reports related to the cell, Para [0082], automatically eliminating network failure after collecting network information, Para [0031]. Westerberg discloses measurements are sent to a central node to detect cell outage, Para [0004], the coordinator/central node is equivalent to the NOC. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhao in the system of Westerberg in view with Vadlamudi in order to decrease cost of network maintenance with automation of network planning.
Regarding claim 19, Westerberg discloses the computer implemented method according to claim 1, but not wherein the network operation control is further configured to detect an abnormal distribution event by detecting that an amount of data traffic in one of the uplink direction or the downlink direction exceed an amount of data traffic by a predetermined value in a respective one of the downlink direction or the uplink direction, and determine that the cell is a sleeping cell based on the detection of the abnormal distribution. Zhao discloses the coordinator analyzes KPI to determine cell outage, Para [0079], the coordinator collects uplink/downlink data and other measurement reports related to the cell, Para [0082], recognized a cell has abnormal KPI data and determines whether an uplink and downlink coverage imbalance occurs in the cell, Para [0082], a UL/DL coverage imbalance would lead to a UL/DL traffic imbalance and obvious to one of ordinary skill there would be a demarcation point (predetermined value) between a balanced state and imbalanced state. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhao in the system of Westerberg in view with Vadlamudi in order to decrease cost of network maintenance with automation of network planning.
Claims 7, 11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Westerberg, in view of Vadlamudi, in view of Zhao and in view of Barnickel et al (US 2018/0167833, hereinafter Barnickel).
Regarding claims 7, 11 and 17, Westerberg discloses the method/apparatus of claim 3/10/15, but not further comprising detecting that the cell remains a sleeping cell after one or more corrective actions, and responsively generating a ticket for manual action. Barnickel discloses personnel can be deployed in person to repair a faulty base station, Para [0239], in this case the self-healing sequence is escalated so that a repair has to be done manually. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Barnickel in the system of Westerberg in view with Vadlamudi and Zhao in order to coverage by determining ideal locations for base station placement and provide additional healing options for base stations.
Response to Arguments
Applicant's arguments filed 4/21/2025 have been fully considered but they are not persuasive. Applicant argues the references do not disclose the amended limitation that now include a network operation control performing the limitations in the claim. Applicant argues against references individually, stating what each reference discloses and the differences between the claims. In response, arguments are moot in view of the new Zhao reference being used in the current office action. Zhao discloses a network coordinator that can be in any network element or management system, Para [0029], collects KPI and determines cell outage, Para [0120] and automatically eliminates network failures after collecting network information, Para [0031] and recognizes a cell has abnormal KPI, Para [0082]. This refutes arguments made by the Applicant that a network side determines a sleeping cell, detecting traffic anomalies and collecting KPIs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461