DETAILED ACTION
This is in response to RCE dated 9/30/25. Claims 1-21 have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/30/25 has been entered.
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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-6, and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable by Hmimy et al. (US 2019/0364565) hereafter Hmimy in view of Bhumkar et al. (US 11,172415; hereafter Bhumkar).
Regarding Claim 1 (Currently Amended),
A method, comprising:
in response to receiving a spectrum grant suspension message associated with spectrum used by a Citizens Broadband Radio Service Device (CBSD) node to provide services to user equipment (UE) attached thereto, transmitting a detachment request and a grant suspension indicative code to each UE associated with the suspended spectrum grant [Hmimy: 0139; per step 504, the SAS determines that one or more RF carriers require reclamation or reassignment, such as based on incumbent detection or other conditions; 0140; Per step 505, the SAS (or designated proxy, such as the DP 408 or even the MSO controller 310) conducts an evaluation of extant CBSDs within the affected area to identify one or more target CBSDs which will invoke the intra-cell, inter-frequency handover process; 0141; in situations where there is need for revocation of a given channel (e.g., due to incumbent needs), the SAS need to identify the impacted CBSDs; 0145; in one variant, the SAS and CBSDs continuously exchange Heartbeat (HB) messages to maintain the status of the allocated channels, perform “health” checks, etc.; these messages may also be used by a SAS to terminate a grant/revoke previously granted channel; 0148; Once the target CBSD(s) receive the timer data and frequency data (carrier number) per step 510, it proceeds to activate the RF carrier, start its local timer, and instruct all active users (e.g., UEs with active sessions) to perform a intra-cell, inter frequency handover to the specified channel per steps 512 and 513; 0153; the SAS/DP may have planned out the complete chain of events for frequency migration/reassignment before invoking it at the target CBSD(s) per step 508; for instance, the SAS/DP may, via algorithmic analysis performed by the SAS/DP or a proxy process such as the MSO controller, generate a plan for all UE on a given CBSD (or more broadly, across multiple CBSD) such that (i) there are no “collisions” (e.g., two UE on the same RF carrier at the same time, whether temporarily or permanently), and (ii) that any withdrawn or otherwise unusable carriers are completely devoid of UE within the prescribed time limit; 0164; the method 700 includes a CBSD/eNB first determining that one or more carrier frequencies require withdrawal or reassignment per step 702; for instance, in one variant, the SAS 402, 403 communicates this information via one or more CBRS protocol messages];
receiving, from at least a portion of the UE associated with the suspended spectrum grant, respective indications of available nodes of alternate networks and snapshots of active sessions [Hmimy: 0027; causing the wireless access point to de-activate the at least one RF carrier requiring reassignment after the activation of the selected substitute RF carrier so as to maintain continuity of at least one extant data session being carried over the at least one RF carrier requiring reassignment; 0165; UE measurement messages sent to the CBSD via active Sector S1; for example, a serving cell/sector can provision the thresholds for one or more UE(s) served by the cell/sector, and the UE provides the measurements to cell/sector],
a generating a UE migration plan for the UE associated with the suspended spectrum grant, the UE migration plan comprising a prioritized ordering of UE migration to each node of one or more alternate networks based on UE active session information and alternate network cost, wherein each of the one or more alternate network nodes is associated with a respective UE migration rate [Hmimy: alternate network == available carrier; 0153; the SAS/DP may have planned out the complete chain of events for frequency migration/reassignment before invoking it at the target CBSD(s) per step 508; for instance, the SAS/DP may, via algorithmic analysis performed by the SAS/DP or a proxy process such as the MSO controller, generate a plan for all UE on a given CBSD (or more broadly, across multiple CBSD) such that (i) there are no “collisions” (e.g., two UE on the same RF carrier at the same time, whether temporarily or permanently), and (ii) that any withdrawn or otherwise unusable carriers are completely devoid of UE within the prescribed time limit; for instance, in one variant, the SAS/DP generates a protocol message to the MSO controller 310 to invoke generation of a frequency plan by the controller. In one implementation, the message includes a) the pool of available carriers, including for temporary use; and b) the current RF carriers to be relinquished; the MSO controller logic then uses this data to generate a “migration” plan for all UE on the target CBSD(s), including the chain of hops (i.e., F1 to F2 to F3 for UE1, F5 to F4 for UE2, and so forth) such that no collisions occur, and session continuity is maintained; 0165; the serving cell can “tune” thresholds associated with these measurements and effectively steer the UE towards the desired target cell; 0166; he CBSD/eNB identifies a new or target sector (S2) and frequency (F2) associated therewith per step 706; 0167; the new sector (S2) with the new channel (F2) should accordingly provide service to all UEs previously served using the prior channel (F1) to the greatest degree practicable]; and
causing at least the portion of the UE associated with the suspended spectrum grant to initiate a UE migration in accordance with the UE migration plan [Hmimy: 0168; next, per step 708, the CBSD/eNB 314 signals the affected UE(s) 306 to cause them to invoke an access protocol on the newly identified sector/carrier (S2/F2)].
However, Hmimy does not teach that each of the snapshots of the active sessions comprises, for one or more active applications, at least a session identifier (ID), user credentials, and packet flow information.
Bhumkar teaches:
wherein each of the snapshots of the active sessions comprises, for one or more active applications, at least a session identifier (ID), user credentials, and packet flow information [Bhumkar: Col. 11 / lines 56-67 – Col. 12 / lines 1-3; assume that the mobile communication device 120 (or other suitable resource) chooses the second wireless access point 105-2 from the neighbor information 192 in which to perform a respective handoff. In furtherance of such a decision, the mobile communication device 120 disassociates itself with the first wireless access point 105-1 to terminate an original wireless communication link with the first wireless access point 105-1. Additionally, in furtherance of performing a respective handoff to the second wireless access point 105-2, the mobile communication device 120 communicates corresponding session identifier information (such as an identity of the communication session currently supported by the first wireless access point 105-1) to the second wireless access point 105-2 in order to perform the handoff].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy and Bhumkar in order to provide novel ways of performing wireless handoffs of communication sessions [Bhumkar: Col. / lines 2-3].
Regarding Claim 2,
wherein the UE migration plan assigns a lowest priority to UE in an idle state [Hmimy: 0170; notably, in LTE, an idle mode UE does not have context in the eNB; accordingly, this scenario can be addressed differently; e.g., by forcing the UE to perform idle mode cell reselection, and switch to the new channel].
Note:
Idle mode UE is handled not with those UEs whose sessions’ continuity is required, thus having a lower priority.
Regarding Claim 3,
wherein the UE migration plan prioritizes UE having multiple active sessions over UE having one active session [Hmimy: 0143; once the CBSD(s) respond back with a positive indication of traffic (via protocol message), the SAS assigns a time (from the timer, discussed below) and an RF carrier (number and size depends on the active uses on the current CBSD(s) channels), and per step 508, communicates to the target CBSD(s) to activate the carrier and start the timer; 0152; it is noted that in low load conditions (i.e., where extra RF frequencies exist), the temporary RF carrier assigned in step 508 may be the final RF carrier (as may be indicated by the SAS per the protocol message as described above); conversely, “chains” using one or more temporary carriers may be employed, such as where there is a high load on a given CBSD; 0165; the serving cell can “tune” thresholds associated with these [UE] measurements and effectively steer the UE towards the desired target cell].
Note:
High load means more temporary carriers when steering UE toward target cell as compared to a low load situation not requiring as many RF carriers. Thus, RF carrier allocation has to account for and accommodate high load (active uses), thus indicating a built-in accommodation priority when allocating as compared to low load situation.
Regarding Claim 5,
wherein the UE migration plan prioritizes UE having an active high bandwidth session over UE having an active low bandwidth session [Hmimy: high bandwidth == high load; 0138; at step 502 of the method 500, the SAS reserves one or more RF carrier (s) defined based on the network load (e.g., 1 for high load so as to reduce “wasted” reserved bandwidth, and a prescribed value such as F temp max for low load) to be used as assisting in the intra-cell, inter-frequency handoff].
Regarding Claim 6,
wherein the UE migration plan prioritizes UE in accordance with a total bandwidth usage of active sessions [Hmimy: 0138; the SAS reserves one or more RF carrier (s) defined based on the network load (e.g., 1 for high load so as to reduce “wasted” reserved bandwidth, and a prescribed value such as F temp max for low load) to be used as assisting in the intra-cell, inter-frequency handoff; 0152; it is noted that in low load conditions (i.e., where extra RF frequencies exist), the temporary RF carrier assigned in step 508 may be the final RF carrier (as may be indicated by the SAS per the protocol message as described above); conversely, “chains” using one or more temporary carriers may be employed, such as where there is a high load on a given CBSD … the SAS/DP may maintain a pool of temporary carrier for such purposes, and dynamically decide after each carrier transition where (in frequency) the next “hop” in the chain will terminate, based on then-prevailing conditions].
Regarding Claim 11 (Currently Amended),
wherein the UE migration plan is configured to balance the UE migration between nodes of a target alternate network and one or more other alternate networks in accordance with at least one of real time target network loading information, historical target network loading information, or other alternate network loading information [Hmimy: target network loading information == positive traffic; 0140; the SAS (or designated proxy, such as the DP 408 or even the MSO controller 310) conducts an evaluation of extant CBSDs within the affected area to identify one or more target CBSDs which will invoke the intra-cell, inter-frequency handover process; 0143; per step 507, once the CBSD(s) respond back with a positive indication of traffic (via protocol message), the SAS assigns a time (from the timer, discussed below) and an RF carrier (number and size depends on the active uses on the current CBSD(s) channels), and per step 508, communicates to the target CBSD(s) to activate the carrier and start the timer. If the target CBSD/eNB queried does not have active traffic on the carrier, then per step 509 a message is sent to the SAS to that effect (query response), and the next CBSD/eNB in the target list (i.e., N+1) queried; 0153; alternatively, the SAS/DP may have planned out the complete chain of events for frequency migration/reassignment before invoking it at the target CBSD(s) per step 508].
Regarding Claim 12,
further comprising: in response to determining that spectrum associated with a suspended grant may be available, triggering UE proximate CBSD nodes to attach thereto [Hmimy: spectrum available == pool of available RF carriers; UE proximate CBSD nodes == for all UEs available carriers on target CBSDs for a geographic region; 0032; the method includes establishing the pool of available RF carriers, a size of the pool of available RF carriers being based at least in part on data for a geographic region within which the wireless access point operates, the data indicating then-currently unused RF carriers; 0033; selecting, from a pool of available RF carriers, an RF carrier to act as a substitute RF carrier for the wireless access point is performed by a computerized process of a managed data network in data communication with the CBRS SAS, the selecting comprising an algorithmic analysis of at least: (i) a plurality of RF carriers currently in use by one or more other wireless access points within the managed data network, and (ii) the pool of available RF carriers; 0141; note that the revocation may be applicable only to a particular geographic region, and hence only a subset of CBSDs may need to relinquish the channel needed by some incumbent; 0153; in one variant, the SAS/DP generates a protocol message to the MSO controller 310 to invoke generation of a frequency plan by the controller. In one implementation, the message includes a) the pool of available carriers, including for temporary use; and b) the current RF carriers to be relinquished; the MSO controller logic then uses this data to generate a “migration” plan for all UE on the target CBSD(s), including the chain of hops (i.e., F1 to F2 to F3 for UE1, F5 to F4 for UE2, and so forth) such that no collisions occur, and session continuity is maintained; 0161; where a CBSD sends a GrantRequest message (requesting spectrum from a SAS) or requests a renewal of an existing grant (e.g., per the HeartbeatRequest message grantRenew object), the SAS may concurrently determine that the requested spectrum is not available or is subject to revocation, and respond with a new RF carrier assignment].
Regarding Claim 13 (Currently Amended),
wherein the determination that the spectrum associated with the suspended grant may be available comprises identifying SAS messages associated with successful spectrum availability inquiry [Hmimy: 0141; the SAS having knowledge of both (i) the information regarding the channel needed by an incumbent, and (ii) the affected region, enables identification of CBSDs which are required to relinquish their assigned channel; 0145; in one variant, the SAS and CBSDs continuously exchange Heartbeat (HB) messages to maintain the status of the allocated channels, perform “health” checks, etc. These messages may also be used by a SAS to terminate a grant/revoke previously granted channel. In one implementation, an IE is added to the HB message to enable the SAS to provide data including: (i) data indicating one or more alternate channels to be utilized; (ii) data indicative of whether the channel is temporary or permanent; and (iii) data indicating duration of the grant for the alternate channel(s) provided].
Regarding Claim 14 (Currently Amended),
wherein the UE are triggered to attach to proximate CBSD nodes in accordance with the UE migration plan [Hmimy: UE proximate CBSD nodes == for all UEs available carriers on target CBSDs for a geographic region; 0032; the method includes establishing the pool of available RF carriers, a size of the pool of available RF carriers being based at least in part on data for a geographic region within which the wireless access point operates, the data indicating then-currently unused RF carriers; 0033; selecting, from a pool of available RF carriers, an RF carrier to act as a substitute RF carrier for the wireless access point is performed by a computerized process of a managed data network in data communication with the CBRS SAS, the selecting comprising an algorithmic analysis of at least: (i) a plurality of RF carriers currently in use by one or more other wireless access points within the managed data network, and (ii) the pool of available RF carriers; 0141; note that the revocation may be applicable only to a particular geographic region, and hence only a subset of CBSDs may need to relinquish the channel needed by some incumbent; 0153; in one variant, the SAS/DP generates a protocol message to the MSO controller 310 to invoke generation of a frequency plan by the controller. In one implementation, the message includes a) the pool of available carriers, including for temporary use; and b) the current RF carriers to be relinquished; the MSO controller logic then uses this data to generate a “migration” plan for all UE on the target CBSD(s), including the chain of hops (i.e., F1 to F2 to F3 for UE1, F5 to F4 for UE2, and so forth) such that no collisions occur, and session continuity is maintained; 0161; where a CBSD sends a GrantRequest message (requesting spectrum from a SAS) or requests a renewal of an existing grant (e.g., per the HeartbeatRequest message grantRenew object), the SAS may concurrently determine that the requested spectrum is not available or is subject to revocation, and respond with a new RF carrier assignment].
Regarding Claim 15 (Currently Amended),
wherein the determination that the spectrum associated with the suspended grant may be available is made in response to detecting SAS message traffic indicative of a successful spectrum inquiry request [Hmimy: 0145; in one variant, the SAS and CBSDs continuously exchange Heartbeat (HB) messages to maintain the status of the allocated channels, perform “health” checks, etc. These messages may also be used by a SAS to terminate a grant/revoke previously granted channel. In one implementation, an IE is added to the HB message to enable the SAS to provide data including: (i) data indicating one or more alternate channels to be utilized; (ii) data indicative of whether the channel is temporary or permanent; and (iii) data indicating duration of the grant for the alternate channel(s) provided; 0146; it will be appreciated that other methods for signaling the presence or absence of active traffic being carried by the target CBSD(s)—i.e., other than a “message/response” protocol—may be used consistent with the disclosure].
Regarding Claim 16 (Currently Amended),
wherein the determination that the spectrum associated with the suspended grant may be available is made in response to a message from a CBSD node indicative of a successful spectrum inquiry request [Hmimy: 0145; in one variant, the SAS and CBSDs continuously exchange Heartbeat (HB) messages to maintain the status of the allocated channels, perform “health” checks, etc. These messages may also be used by a SAS to terminate a grant/revoke previously granted channel. In one implementation, an IE is added to the HB message to enable the SAS to provide data including: (i) data indicating one or more alternate channels to be utilized; (ii) data indicative of whether the channel is temporary or permanent; and (iii) data indicating duration of the grant for the alternate channel(s) provided].
Claim(s) 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hmimy-Bhumkar in view of Rappaport et al. (US 6,477,373) hereafter Rap.
Regarding Claim 4,
In Hmimy-Bhumkar combination, Hmimy teaches that the new sector (S2) with the new channel (F2) should accordingly provide service to all UEs previously served using the prior channel (F1) to the greatest degree practicable [Hmimy: 0167].
However, Hmimy-Bhumkar does not teach that the UE migration plan prioritizes UE in accordance with a number of active sessions.
Rap teaches:
wherein the UE migration plan prioritizes UE in accordance with a number of active sessions [Rap: Col. 6 / lines 10-15; it is to be understood that a session request provided by a mobile terminal may comprise any one of the following: (1) a request for a new session; (2) a request for a hand-off of an active session; (3) a request for a retry attempt; or (4) a request for a hand-off attempt of a suspended session; Col. 6 / lines 33, 45, 50-52; the criteria used for admitting new sessions (e.g., voice sessions, data sessions) or hand-off of either active or suspended sessions at a gateway may depend on any number of attributes that are specified in connection with the session request (step 10) including, but not limited to, the session type (data session, voice session), platform mobility, whether the session is a fee-for-service priority class, requested service quality and/or data rate, whether the requested session is a new session or a suspended session (retry attempt), whether the requested session is a hand-off attempt of an active session or suspended session, and/or the estimated resources needed to accommodate the session; priority access for hand-offs of active sessions with respect to new sessions can be accommodated; Col. 7 / lines 25-40; referring again to FIG. 1, after a session request (step 10), a determination is made as to whether the requested session can be accommodated by the gateway at the requested service level (step 20); in a preferred embodiment of the present invention, this determination is based on, e.g., the maximum number of simultaneous connections (i.e., active sessions), denoted herein as C, that can be supported by the gateway (i.e., each cell or gateway can support a maximum of C connections), as well as priorities (as indicated above) that are designated to particular session types; for example, preferably, a cut-off priority is provided for hand-offs and reconnection attempts, wherein C.sub.h connections (of the maximum number of allowable connections C) in each cell are reserved for hand-off attempts (from mobile platforms entering a cell) and for reconnection attempts from suspended sessions (retry attempts) in the cell].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy-Bhumkar and Rap in order to maintain a connection from an active mobile user to the network for the benefit of higher layer protocols is highly desirable [Rap: Col. 2 / lines 17-19].
Regarding Claim 10 (Currently Amended),
In Hmimy-Bhumkar combination, Hmimy teaches that the MSO controller logic then uses this data to generate a “migration” plan for all UE on the target CBSD(s), including the chain of hops (i.e., F1 to F2 to F3 for UE1, F5 to F4 for UE2, and so forth) such that no collisions occur, and session continuity is maintained [Hmimy: 0153].
Hmimy-Bhumkar does not teach that the UE migration plan prioritizes UE in accordance with UE subscription level.
Rap teaches:
wherein the UE migration plan prioritizes UE in accordance with UE subscription level [Rap: Col. 7 / lines 25-28; referring again to FIG. 1, after a session request (step 10), a determination is made as to whether the requested session can be accommodated by the gateway at the requested service level (step 20)].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy-Bhumkar and Rap in order to maintain a connection from an active mobile user to the network for the benefit of higher layer protocols is highly desirable [Rap: Col. 2 / lines 17-19].
Claim(s) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hmimy-Bhumkar in view of Van et al. (GB 2537404) hereafter Van.
Regarding Claim 7,
In Hmimy-Bhumkar combination, Hmimy teaches that the client devices 306c communicating with the access nodes 314a, 314b, as described in greater detail subsequently herein, can utilize either RAT (CBRS/3GPP or WLAN) depending on, inter alia, directives received from the MSO controller 310 (FIG. 3a) via one access node 314 or the other, or even indigenous logic on the client device 306c enabling it to selectively access one RAT or the other [Hmimy: 0119].
However, Hmimy-Bhumkar does not teach that the UE migration plan prioritizes an alternate network node for use by UE capable of only connecting the alternate network node over UE capable of connecting to the alternate network node and one or more other alternate network nodes.
Van teaches:
wherein the UE migration plan prioritizes an alternate network node for use by UE capable of only connecting the alternate network node over UE capable of connecting to the alternate network node and one or more other alternate network nodes [Van: 0060; these additional measurement reports allow the eNB to acquire additional knowledge of the WLAN environment and traffic activity characteristics and thus subsequently command one or more of the transfer of previously offloaded traffic back to the LTE networks when beneficial to the UE, the termination of the WLAN connection, or the termination of the LTE connection in order to reduce power consumption at the UE, or consolidate the active wireless connections so as to simplify operations at the UE and/or at the network/eNB; 0070; depending on the command issued by the eNB, the UE may then terminate, continue or transfer specified traffic between its LTE and WLAN connections; 0006; an eNB controls UEs 102 in one or more cell].
Note:
Preference for consolidating active wireless connections means preference for a single connection compared to multiple connections for a UE.
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy-Bhumkar and Van in order to simplify operations at the UE and/or at the network/eNB [Van: 0060].
Regarding Claim 8,
wherein capability of the UE to connect to the alternate network node is based on at least one of (i) UE location proximate the alternate network node, or (ii) UE capability to use a radio protocol associated with the alternate network node [Hmimy: 0119; the client devices 306c communicating with the access nodes 314a, 314b, as described in greater detail subsequently herein, can utilize either RAT (CBRS/3GPP or WLAN) depending on, inter alia, directives received from the MSO controller 310 (FIG. 3a) via one access node 314 or the other, or even indigenous logic on the client device 306c enabling it to selectively access one RAT or the other].
Regarding Claim 9,
In Hmimy-Bhumkar combination, Hmimy teaches that the client devices 306c communicating with the access nodes 314a, 314b, as described in greater detail subsequently herein [Hmimy: 0119].
However, Hmimy-Bhumkar does not teach that the UE migration plan prioritizes an alternate network node for use by UE capable of only connecting the alternate network node over UE capable of connecting to the alternate network node and one or more other alternate network nodes.
Van teaches:
wherein the UE migration plan prioritizes an alternate network node for use by UE capable of only connecting the alternate network node over UE capable of connecting to the alternate network node and one or more other alternate network nodes [Van: 0060; these additional measurement reports allow the eNB to acquire additional knowledge of the WLAN environment and traffic activity characteristics and thus subsequently command one or more of the transfer of previously offloaded traffic back to the LTE networks when beneficial to the UE, the termination of the WLAN connection, or the termination of the LTE connection in order to reduce power consumption at the UE, or consolidate the active wireless connections so as to simplify operations at the UE and/or at the network/eNB; 0070; depending on the command issued by the eNB, the UE may then terminate, continue or transfer specified traffic between its LTE and WLAN connections; 0006; an eNB controls UEs 102 in one or more cell].
Note:
Preference for consolidating active wireless connections means preference for a single connection compared to multiple connections for a UE.
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy-Bhumkar and Van in order to simplify operations at the UE and/or at the network/eNB [Van: 0060].
Claim(s) 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hmimy in view of Rappaport et al. (US 6,477,373) hereafter Rap.
Regarding Claim 20 (Currently Amended),
User equipment (UE) configured to communicate with provider equipment (PE) of each of a first and second network and comprising compute and memory resources configured for implementing a connection manager (CM), the CM configured to perform a method, comprising:
at UE attached to a Citizens Broadband Radio Service Device (CBSD) node of a first network, in response to receiving a detachment request and a code indicative of a grant suspension, transmitting toward a network manager (NM) associated with the first network, information comprising an indication of second network nodes proximate the UE and snapshots of any active UE sessions [Hmimy: 0027; causing the wireless access point to de-activate the at least one RF carrier requiring reassignment after the activation of the selected substitute RF carrier so as to maintain continuity of at least one extant data session being carried over the at least one RF carrier requiring reassignment; 0165; UE measurement messages sent to the CBSD via active Sector S1; for example, a serving cell/sector can provision the thresholds for one or more UE(s) served by the cell/sector, and the UE provides the measurements to cell/sector; 0139; per step 504, the SAS determines that one or more RF carriers require reclamation or reassignment, such as based on incumbent detection or other conditions; 0140; Per step 505, the SAS (or designated proxy, such as the DP 408 or even the MSO controller 310) conducts an evaluation of extant CBSDs within the affected area to identify one or more target CBSDs which will invoke the intra-cell, inter-frequency handover process; 0141; in situations where there is need for revocation of a given channel (e.g., due to incumbent needs), the SAS need to identify the impacted CBSDs; 0145; in one variant, the SAS and CBSDs continuously exchange Heartbeat (HB) messages to maintain the status of the allocated channels, perform “health” checks, etc.; these messages may also be used by a SAS to terminate a grant/revoke previously granted channel; 0148; Once the target CBSD(s) receive the timer data and frequency data (carrier number) per step 510, it proceeds to activate the RF carrier, start its local timer, and instruct all active users (e.g., UEs with active sessions) to perform a intra-cell, inter frequency handover to the specified channel per steps 512 and 513; 0153; the SAS/DP may have planned out the complete chain of events for frequency migration/reassignment before invoking it at the target CBSD(s) per step 508; for instance, the SAS/DP may, via algorithmic analysis performed by the SAS/DP or a proxy process such as the MSO controller, generate a plan for all UE on a given CBSD (or more broadly, across multiple CBSD) such that (i) there are no “collisions” (e.g., two UE on the same RF carrier at the same time, whether temporarily or permanently), and (ii) that any withdrawn or otherwise unusable carriers are completely devoid of UE within the prescribed time limit; 0164; the method 700 includes a CBSD/eNB first determining that one or more carrier frequencies require withdrawal or reassignment per step 702; for instance, in one variant, the SAS 402, 403 communicates this information via one or more CBRS protocol messages],
the transmitted information being configured to enable the NM to generate a migration plan for each of a plurality of UE associated with the grant suspension [Hmimy: alternate network == available carrier; 0153; the SAS/DP may have planned out the complete chain of events for frequency migration/reassignment before invoking it at the target CBSD(s) per step 508; for instance, the SAS/DP may, via algorithmic analysis performed by the SAS/DP or a proxy process such as the MSO controller, generate a plan for all UE on a given CBSD (or more broadly, across multiple CBSD) such that (i) there are no “collisions” (e.g., two UE on the same RF carrier at the same time, whether temporarily or permanently), and (ii) that any withdrawn or otherwise unusable carriers are completely devoid of UE within the prescribed time limit; for instance, in one variant, the SAS/DP generates a protocol message to the MSO controller 310 to invoke generation of a frequency plan by the controller. In one implementation, the message includes a) the pool of available carriers, including for temporary use; and b) the current RF carriers to be relinquished; the MSO controller logic then uses this data to generate a “migration” plan for all UE on the target CBSD(s), including the chain of hops (i.e., F1 to F2 to F3 for UE1, F5 to F4 for UE2, and so forth) such that no collisions occur, and session continuity is maintained; 0165; the serving cell can “tune” thresholds associated with these measurements and effectively steer the UE towards the desired target cell; 0166; he CBSD/eNB identifies a new or target sector (S2) and frequency (F2) associated therewith per step 706; 0167; the new sector (S2) with the new channel (F2) should accordingly provide service to all UEs previously served using the prior channel (F1) to the greatest degree practicable]; and
in response to a migration trigger indication received from the NM, detaching from the CBSD node of the first network and initiating attachment to a node of the second network [Hmimy: 0168; next, per step 708, the CBSD/eNB 314 signals the affected UE(s) 306 to cause them to invoke an access protocol on the newly identified sector/carrier (S2/F2)];
However, Hmimy does not teach that the associated UE-migration rate comprises a parameter or value that controls or limits a rate at which UEs, including the UE, are migrated to the target alternate-network node.
Rap teaches:
wherein (i) the migration trigger indication identifies the node of the second network as a target alternate-network node and associated UE-migration rate for the target alternate-network node, (ii) the associated UE-migration rate comprises a parameter or value that controls or limits a rate at which UEs, including the UE, are migrated to the target alternate-network node, and (iii) the initiating of the attachment is in accordance with the associated UE-migration rate [Rap: Col. 27 / lines 24-40; when an active or suspended session requires a hand-off, the session is terminated if there are C connections in progress in the target cell and no waiting spaces are available. This probability is denoted PH and is a calculated result. FIG. 4 shows hand-off failure probability, PH, as a function of new call origination rate on type 1 platform. While many parameters affect forced termination probability, the influence of PH is very strong. There are two important parameters that can control hand-off failure probability in our system configuration. One is the number, Ch, of cut-off priority. Clearly, it is seen that if more channels are reserved for hand-off or retry attempts, a smaller hand-off failure probability is obtained. However, as we can see in FIG. 5, with increasing Ch, new call arrivals will be more likely to fail to acquire a connection. The other important parameter is the number, N, of maximum allowable of reconnection attempts. As this parameter is increased, a session is less likely to be terminated; Col. 16 / lines 60-64; If the target cell has less than maximum number of simultaneously supportable connections, C, when a k-suspended session hand-off attempt arrives, (1 <= k <= N), the session will be accommodated and will become an active session in the target cell].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy and Rap in order to maintain a connection from an active mobile user to the network for the benefit of higher layer protocols is highly desirable [Rap: Col. 2 / lines 17-19].
Regarding Claim 21 (Currently Amended),
further comprising: in response to the detachment request, transmitting toward the NM a request for a reason for the detachment configured to cause the NM to transmit toward the UE the code indicative of a grant suspension [Hmimy: 0145; in one variant, the SAS and CBSDs continuously exchange Heartbeat (HB) messages to maintain the status of the allocated channels, perform “health” checks, etc.; these messages may also be used by a SAS to terminate a grant/revoke previously granted channel].
Claim(s) 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hmimy in view of Connelly et al. (CA 2713068; hereafter Connelly).
Regarding Claim 17 (Currently Amended),
A computer implemented connection manager server (CMS) for managing user equipment (UE) connection to nodes of preferred and secondary networks, the CMS comprising compute and memory resources configured for:
in response to receiving a spectrum grant suspension message associated with spectrum used by a Citizens Broadband Radio Service Device (CBSD) node to provide services to user equipment (UE) attached thereto, transmitting a detachment request and a grant suspension indicative code to each UE associated with the suspended spectrum grant [Hmimy: 0139; per step 504, the SAS determines that one or more RF carriers require reclamation or reassignment, such as based on incumbent detection or other conditions; 0140; Per step 505, the SAS (or designated proxy, such as the DP 408 or even the MSO controller 310) conducts an evaluation of extant CBSDs within the affected area to identify one or more target CBSDs which will invoke the intra-cell, inter-frequency handover process; 0141; in situations where there is need for revocation of a given channel (e.g., due to incumbent needs), the SAS need to identify the impacted CBSDs; 0145; in one variant, the SAS and CBSDs continuously exchange Heartbeat (HB) messages to maintain the status of the allocated channels, perform “health” checks, etc.; these messages may also be used by a SAS to terminate a grant/revoke previously granted channel; 0148; Once the target CBSD(s) receive the timer data and frequency data (carrier number) per step 510, it proceeds to activate the RF carrier, start its local timer, and instruct all active users (e.g., UEs with active sessions) to perform a intra-cell, inter frequency handover to the specified channel per steps 512 and 513; 0153; the SAS/DP may have planned out the complete chain of events for frequency migration/reassignment before invoking it at the target CBSD(s) per step 508; for instance, the SAS/DP may, via algorithmic analysis performed by the SAS/DP or a proxy process such as the MSO controller, generate a plan for all UE on a given CBSD (or more broadly, across multiple CBSD) such that (i) there are no “collisions” (e.g., two UE on the same RF carrier at the same time, whether temporarily or permanently), and (ii) that any withdrawn or otherwise unusable carriers are completely devoid of UE within the prescribed time limit; 0164; the method 700 includes a CBSD/eNB first determining that one or more carrier frequencies require withdrawal or reassignment per step 702; for instance, in one variant, the SAS 402, 403 communicates this information via one or more CBRS protocol messages];
receiving, from at least a portion of the UE associated with the suspended spectrum grant, respective indications of available nodes of alternate networks and snapshots of active sessions [Hmimy: 0027; causing the wireless access point to de-activate the at least one RF carrier requiring reassignment after the activation of the selected substitute RF carrier so as to maintain continuity of at least one extant data session being carried over the at least one RF carrier requiring reassignment; 0165; UE measurement messages sent to the CBSD via active Sector S1; for example, a serving cell/sector can provision the thresholds for one or more UE(s) served by the cell/sector, and the UE provides the measurements to cell/sector];
generating a UE migration plan for the UE associated with the suspended spectrum grant, the UE migration plan comprising a prioritized ordering of UE migration to each node of one or more alternate networks based on UE active session information and … wherein each of the one or more alternate network nodes is associated with a respective UE migration rate Hmimy: alternate network == available carrier; 0153; the SAS/DP may have planned out the complete chain of events for frequency migration/reassignment before invoking it at the target CBSD(s) per step 508; for instance, the SAS/DP may, via algorithmic analysis performed by the SAS/DP or a proxy process such as the MSO controller, generate a plan for all UE on a given CBSD (or more broadly, across multiple CBSD) such that (i) there are no “collisions” (e.g., two UE on the same RF carrier at the same time, whether temporarily or permanently), and (ii) that any withdrawn or otherwise unusable carriers are completely devoid of UE within the prescribed time limit; for instance, in one variant, the SAS/DP generates a protocol message to the MSO controller 310 to invoke generation of a frequency plan by the controller. In one implementation, the message includes a) the pool of available carriers, including for temporary use; and b) the current RF carriers to be relinquished; the MSO controller logic then uses this data to generate a “migration” plan for all UE on the target CBSD(s), including the chain of hops (i.e., F1 to F2 to F3 for UE1, F5 to F4 for UE2, and so forth) such that no collisions occur, and session continuity is maintained; 0165; the serving cell can “tune” thresholds associated with these measurements and effectively steer the UE towards the desired target cell; 0166; he CBSD/eNB identifies a new or target sector (S2) and frequency (F2) associated therewith per step 706; 0167; the new sector (S2) with the new channel (F2) should accordingly provide service to all UEs previously served using the prior channel (F1) to the greatest degree practicable]; and
causing at least the portion of the UE associated with the suspended spectrum grant to initiate a UE migration in accordance with the UE migration plan [Hmimy: 0168; next, per step 708, the CBSD/eNB 314 signals the affected UE(s) 306 to cause them to invoke an access protocol on the newly identified sector/carrier (S2/F2)].
However, Hmimy does not teach that alternate network cost comprising one or more respective financial costs associated with use of the one or more alternate networks.
Connelly teaches:
… alternate network cost comprising one or more respective financial costs associated with use of the one or more alternate networks [Connelly: p 12; once the session data has been transferred and the new apparatus 216A has established a session for the user device 213A, the apparatus 216A may trigger one or more other modules residing in the apparatus. For example, the automatic location management module of apparatus 216A may update the location of the user device 213A, e.g., for purposes of E911 compliance. Likewise, the authentication module, network management module, and/or billing interface module of apparatus 216A may update charge (i.e., fee) information or other information (e.g., the start and stop time of usage of the particular network, etc.) for the user's usage of the network for other billing or statistical purposes].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy and Connelly in order to provide seamless connectivity during commute [Connelly: p. 3].
Regarding Claim 18,
wherein the UE migration plan assigns a lowest priority to UE in an idle state [Hmimy: 0170; notably, in LTE, an idle mode UE does not have context in the eNB; accordingly, this scenario can be addressed differently; e.g., by forcing the UE to perform idle mode cell reselection, and switch to the new channel],
Note:
Idle mode UE is handled not with those UEs whose sessions’ continuity is required, thus having a lower priority.
prioritizes UE having multiple active sessions over UE having one active session [Hmimy: 0143; once the CBSD(s) respond back with a positive indication of traffic (via protocol message), the SAS assigns a time (from the timer, discussed below) and an RF carrier (number and size depends on the active uses on the current CBSD(s) channels), and per step 508, communicates to the target CBSD(s) to activate the carrier and start the timer; 0152; it is noted that in low load conditions (i.e., where extra RF frequencies exist), the temporary RF carrier assigned in step 508 may be the final RF carrier (as may be indicated by the SAS per the protocol message as described above); conversely, “chains” using one or more temporary carriers may be employed, such as where there is a high load on a given CBSD; 0165; the serving cell can “tune” thresholds associated with these [UE] measurements and effectively steer the UE towards the desired target cell], and
Note:
High load means more temporary carriers when steering UE toward target cell as compared to a low load situation not requiring as many RF carriers. Thus, RF carrier allocation has to account for and accommodate high load (active uses), thus indicating a priority when allocating as compared to low load situation.
prioritizes UE having an active high bandwidth session over UE having an active low bandwidth session [Hmimy: high bandwidth == high load; 0138; at step 502 of the method 500, the SAS reserves one or more RF carrier (s) defined based on the network load (e.g., 1 for high load so as to reduce “wasted” reserved bandwidth, and a prescribed value such as F temp max for low load) to be used as assisting in the intra-cell, inter-frequency handoff].
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hmimy-Connelly in view of Van et al. (GB 2537404) hereafter Van.
Regarding Claim 19,
In Hmimy-Connelly, Hmimy teaches:
wherein capability of UE to connect to an alternate network node is based on at least one of UE location proximate the alternate network node, and UE capability to use a radio protocol associated with the alternate network node [Hmimy: 0119; the client devices 306c communicating with the access nodes 314a, 314b, as described in greater detail subsequently herein, can utilize either RAT (CBRS/3GPP or WLAN) depending on, inter alia, directives received from the MSO controller 310 (FIG. 3a) via one access node 314 or the other, or even indigenous logic on the client device 306c enabling it to selectively access one RAT or the other].
However, Hmimy-Connelly does not teach that the UE migration plan prioritizes an alternate network node for use by UE capable of only connecting the alternate network node over UE capable of connecting to the alternate network node and one or more other alternate network nodes.
Van teaches:
wherein the UE migration plan prioritizes an alternate network node for use by UE capable of only connecting the alternate network node over UE capable of connecting to the alternate network node and one or more other alternate network nodes [Van: 0060; these additional measurement reports allow the eNB to acquire additional knowledge of the WLAN environment and traffic activity characteristics and thus subsequently command one or more of the transfer of previously offloaded traffic back to the LTE networks when beneficial to the UE, the termination of the WLAN connection, or the termination of the LTE connection in order to reduce power consumption at the UE, or consolidate the active wireless connections so as to simplify operations at the UE and/or at the network/eNB; 0070; depending on the command issued by the eNB, the UE may then terminate, continue or transfer specified traffic between its LTE and WLAN connections; 0006; an eNB controls UEs 102 in one or more cell].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Hmimy-Connelly and Van in order to provide seamless connectivity during commute [Connelly: p. 3] and in order to simplify operations at the UE and/or at the network/eNB [Van: 0060].
Response to Arguments
Applicant's arguments filed 9/30/25 have been fully considered but they are not persuasive.
Applicant argues regarding claim 1 on pages 6-7 of the Remarks section that Hmimy’s disclosed “measurement messages” and “operational status” do not equate to detailed session/application-level snapshots containing credentials/session ID/packet-flow details.
Examiner’s Response:
Please see the rejection above, where Bhumkar in Hmimy-Bhumkar has been cited to teach this limitation.
Applicant argues regarding claim 17 on pages 7-8 of the Remarks section that Hmimy never references cost, pricing, or any economic factor in migration decision.
Examiner’s Response:
Please see the rejection above, where Connelly in Hmimy-Connelly has been cited to teach this limitation.
Applicant argues regarding claim 20 on page 8 of the Remarks section that Hmimy does not teach a migration rate (i.e. a quantitative or policy-based rate of migration) for a particular alternate network node. The “tuning” in Hmimy is a qualitative bias, not a quantitative rate control
Examiner’s Response:
Please see the rejection above, where Rap in Hmimy-Rap has been cited to teach this limitation.
Conclusion
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SAAD A. WAQAS
Primary Examiner
Art Unit 2468
/Saad A. Waqas/Primary Examiner, Art Unit 2468