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 .
Status of Claims
This office action is responsive to the amendment filed on 9/15/25. Claims 15, 16 and 18 have been canceled and claims 1 – 14, 17 and 19 - 23 are pending.
Response to Arguments
Applicant's arguments filed 9/15/25 have been fully considered but they are not persuasive. Applicant argues Jalden does not teach or suggest the method being performed by a network node includes the step of initiating an adjustment of a first cell "as a result of obtaining both the first indication and the second indication," where the obtained first indication is "indicative of network performance degradation in a region in which a first radio access network node in the group of radio access network nodes provides network access," and the obtained second indication is "indicative of increased need for network access for prioritized service and/or prioritized subscribers in the region in which the first radio access network node provides network access."
However, Examiner points to the rejection below. Jalden is relied upon to teach “wherein initiating the adjustment of the first cell comprises initiating an adjustment of the shape of the coverage area of the first cell by initiating an adjustment of a first cell-shaping parameter that affects the shape of the coverage area of the first cell.”
Turina teaches obtaining a first indication indicative of network performance degradation in a region in which a first radio access network node in the group of radio access network nodes provides network access and obtaining a second indication indicative of increased need for network access for prioritized service and/or prioritized subscribers in the region in which the first radio access network node provides network access (paragraphs 7-10: risk of having congestion, in case of emergency, and handling an emergency situation. Further described in paragraph 17: For example, the shaping of the geographical area that needs such priority handling can be done by an operator designating a geographical area as emergency area. The shaping of the geographical area may also be done automatically. For example, first a single cell where the need has occurred is designated as a high priority/emergency area. Also, initially surrounding cells are designated as a part of the area. If there are no high priority calls from surrounding cells for some predetermined time, they can be re-allocated back to "ordinary" traffic. However, if a high priority call is placed from one of the surrounding cells, the area can be increased to comprise that cell and that cell and all its surrounding cells, at least for some pre-determined time period); as a result of obtaining both the first indication and the second indication, initiating an adjustment of a first cell of a first radio access network node in the group of radio access network nodes (paragraph 17: For example, the shaping of the geographical area that needs such priority handling can be done by an operator designating a geographical area as emergency area. The shaping of the geographical area may also be done automatically. For example, first a single cell where the need has occurred is designated as a high priority/emergency area. Also, initially surrounding cells are designated as a part of the area. If there are no high priority calls from surrounding cells for some predetermined time, they can be re-allocated back to "ordinary" traffic. However, if a high priority call is placed from one of the surrounding cells, the area can be increased to comprise that cell and that cell and all its surrounding cells, at least for some pre-determined time period. Further described in paragraph 25: using the cell-reselection parameters to steer all mobiles or groups of mobiles towards a certain access).
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 12, 14, 17, 19 - 22 are rejected under 35 U.S.C. 103 as being unpatentable over Turina (US 2010/0112976 A1) in view of Jalden et al. (WO 2016/096001 A1).
Regarding claim 1, Turina teaches a method for adaptive cell-shaping in a cellular network in which a group of radio access network nodes provide network access (see Abstract; Fig. 1), the method being performed by a network node (operator; paragraph 17: the shaping of the geographical area that needs such priority handling can be done by an operator designating a geographical area as emergency area), the method comprising: obtaining a first indication indicative of network performance degradation in a region in which a first radio access network node in the group of radio access network nodes provides network access and obtaining a second indication indicative of increased need for network access for prioritized service and/or prioritized subscribers in the region in which the first radio access network node provides network access (paragraphs 7-10: risk of having congestion, in case of emergency, and handling an emergency situation. Further described in paragraph 17: For example, the shaping of the geographical area that needs such priority handling can be done by an operator designating a geographical area as emergency area. The shaping of the geographical area may also be done automatically. For example, first a single cell where the need has occurred is designated as a high priority/emergency area. Also, initially surrounding cells are designated as a part of the area. If there are no high priority calls from surrounding cells for some predetermined time, they can be re-allocated back to "ordinary" traffic. However, if a high priority call is placed from one of the surrounding cells, the area can be increased to comprise that cell and that cell and all its surrounding cells, at least for some pre-determined time period); as a result of obtaining both the first indication and the second indication, initiating an adjustment of a first cell of a first radio access network node in the group of radio access network nodes, the first cell having a coverage area having a shape (paragraph 17: For example, the shaping of the geographical area that needs such priority handling can be done by an operator designating a geographical area as emergency area. The shaping of the geographical area may also be done automatically. For example, first a single cell where the need has occurred is designated as a high priority/emergency area. Also, initially surrounding cells are designated as a part of the area. If there are no high priority calls from surrounding cells for some predetermined time, they can be re-allocated back to "ordinary" traffic. However, if a high priority call is placed from one of the surrounding cells, the area can be increased to comprise that cell and that cell and all its surrounding cells, at least for some pre-determined time period. Further described in paragraph 25: using the cell-reselection parameters to steer all mobiles or groups of mobiles towards a certain access), wherein network access for the prioritized service and/or prioritized subscribers in the region is maintained by said at least one radio access network node in the group of radio access network nodes (paragraphs 17-18: However, if a high priority call is placed from one of the surrounding cells, the area can be increased to comprise that cell and that cell and all its surrounding cells, at least for some pre-determined time period. [0018] Using the method and the system as described herein, Multi-access environment controlled by one operator can efficiently be used in situations giving high priority to some users by providing guaranteed service on one pre-defined access while still offering "ordinary" commercial service on the other access(es). Such temporary re-direction of the traffic can be applied in a geographical area shaped according to needs. Further described in paragraph 28: Next in a step 307, the area is re-evaluated. If in step 307 it is determined that an adjacent to the cell where the need for prioritized traffic originated has been used for radio access by a prioritized mobile station, the emergency area is extended to also include the neighboring cells of that cell, step 309. Also described in paragraph 25: using the cell-reselection parameters to steer all mobiles or groups of mobiles towards a certain access).
Turina does not explicitly disclose wherein initiating the adjustment of the first cell comprises initiating an adjustment of the shape of the coverage area of the first cell by initiating an adjustment of a first cell-shaping parameter that affects the shape of the coverage area of the first cell.
However, Jalden teaches wherein initiating the adjustment of the first cell comprises initiating an adjustment of the shape of the coverage area of the first cell by initiating an adjustment of a first cell-shaping parameter that affects the shape of the coverage area of the first cell (page 13, lines 1-12: The network node 11a, 12 is configured to, in a step S108, determine beam forming parameters for shaping cells 14a, 14b, 14c for at least one RANN in the set of RANNs 11a, 11b, 11c based on the acquired spatial channel characteristics and on a change in operation state for at least another RANN in the set of RANNs. Cell shaping may thereby be performed in one cell 14a, 14b, 14c at a time using the joint coverage provided by multiple RANNs 11a, 11b, 11c, but not necessarily that multiple RANNs 11a, 11b, 11c need to be beam formed. Though changing the beam forming in one cell 14a, 14b, 14c may change the cell shapes also in the neighbor cells 14a, 14b, 14c. In general terms, cell shapes are assumed to be realized by means of beam forming which means that each cell 14a, 14b, 14c has a set of beam forming weights. Further described in page 18, lines 9-14: before the cell shapes are adjusted in the actual wireless communications network 10a, 10b, a database comprising previously stored spatial channel characteristics for WDs 13 may thus be used to evaluate the coverage for the new proposed set of cell shaping weights, as defined by the determined beam forming parameters).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Turina’s method by incorporating the teachings of Jalden, for the purpose of enabling communication within a specific coverage area.
Regarding claims 2 and 19, Turina teaches the method of claim 1, wherein, before said indications were obtained, the first cell-shaping parameter had an original setting, and the method further comprises: obtaining a further indication of either that the network performance degradation has ceased, or that the increased need for network access for prioritized service and/or prioritized subscribers in the region has ceased, or a combination thereof; and as a result of obtaining the further indication, initiating an adjustment of the first cell-shaping parameter back to the original setting (paragraph 17: For example, the shaping of the geographical area that needs such priority handling can be done by an operator designating a geographical area as emergency area. The shaping of the geographical area may also be done automatically. For example, first a single cell where the need has occurred is designated as a high priority/emergency area. Also, initially surrounding cells are designated as a part of the area. If there are no high priority calls from surrounding cells for some predetermined time, they can be re-allocated back to "ordinary" traffic. However, if a high priority call is placed from one of the surrounding cells, the area can be increased to comprise that cell and that cell and all its surrounding cells, at least for some pre-determined time period).
Regarding claim 3, Turina teaches the method of claim 1, wherein the prioritized service is a mission critical service, or a service as identified as prioritized by a network operator, and/or the prioritized subscribers are identified as prioritized by belonging to a prioritized access class, by having a prioritized service profile identifier or are identified as prioritized by a network operator (paragraph 17-18, 24, 28 and 29).
Regarding claim 4, Turina teaches the method of claim 1, wherein the adjustment of the first cell-shaping parameter is initiated for the first radio access network node (paragraphs 17-18; and paragraph 28: automatically shaping an area for use by prioritized users).
Regarding claims 5 and 21, Turina teaches the method of claim 4, wherein the adjustment of the first cell-shaping parameter further is initiated for at least one second radio access network node in the group of radio access network nodes, wherein said at least one second radio access network node coverage-wise neighbors the first radio access network node (paragraph 13-15 To differentiate the parameter values for different user groups a set of values that steer "ordinary" mobile stations to one access while defining other values for steering "high priority" mobile stations to one other access may be employed.
[0014] In accordance with another embodiment broadcasted or individually signaled parameters can explicitly steer different users/groups to different accesses).
Regarding claim 6, Turina teaches the method of claim 1, wherein the adjustment of the first cell-shaping parameter is initiated for at least one third radio access network node in the group of radio access network nodes but not for the first radio access network node, wherein the at least one third radio access network node is a radio access network node temporarily deployed in the region (Paragraphs 12: an area consisting of a number of cells is created In such an area, an application having high priority can have guaranteed resources on one pre-determined access while other "ordinary" traffic is temporarily directed to the other access(es). Also described in paragraphs 16 and 18; paragraph 24: the transmission of a message barring access from one access for mobile stations not having a prioritized status is shown)
Regarding claim 7, Turina teaches the method of claim 6, wherein the adjustment of the first cell-shaping parameter further is initiated for at least one second radio access network node in the group of radio access network nodes, wherein said at least one second radio access network node coverage-wise neighbors the first radio access network node (paragraphs 13 -18 and 28).
Regarding claim 8, Turina teaches the method of claim 1, wherein the adjustment of the first cell-shaping parameter is initiated for at least one second radio access network node in the group of radio access network nodes but not for the first radio access network node, wherein said at least one second radio access network node coverage-wise neighbors the first radio access network node (paragraphs 13 -18 and 28).
Regarding claims 9 and 22, Turina teaches the method of claim 1, further comprising: obtaining positioning information, from the group of radio access network nodes, about positions of the prioritized subscribers in the cellular network, and wherein the first cell-shaping parameter is adjusted based on the positioning information (paragraph 8, 17 and 28).
Regarding claim 10, Turina teaches the method of claim 9, wherein the positioning information only is obtained from those radio access network nodes in the group of radio access network nodes that provide network access in prioritized regions (paragraphs 13 -18 and 28).
Regarding claim 11, Turina teaches the method of claim 1, wherein the first indication of network performance degradation indicates: a decreased network performance in terms of key performance indicators (KPIs) monitored in the cellular network, network congestion experienced by the first radio access network node, and/or a loss of a connection (paragraph 7: In a single access environment it means that "ordinary" traffic is down prioritized at service request. The same approach can be applied in a multi-access environment but there is still a risk of having congestion situation. paragraphs 12 -18 and 28).
Regarding claim 12, Turina teaches the method of claim 1, wherein the second indication indicative of increased need for network access indicates: that a radio access network node has experienced a failure, and/or that an increased number of emergency call attempts has been detected or is expected (paragraph 17: For example, the shaping of the geographical area that needs such priority handling can be done by an operator designating a geographical area as emergency area. The shaping of the geographical area may also be done automatically. For example, first a single cell where the need has occurred is designated as a high priority/emergency area... However, if a high priority call is placed from one of the surrounding cells, the area can be increased to comprise that cell and that cell and all its surrounding cells, at least for some pre-determined time period. Also described in paragraphs 7-10).
Regarding claim 14, Turina teaches the same limitations described above in the rejection of claim 1.
Regarding claim 17, Turina teaches the same limitations described above in the rejection of claim 1.
Regarding claim 20, Turina teaches the network node of claim 14, wherein the adjustment of the first cell-shaping parameter is initiated for at a second radio access network node in the group of radio access network nodes but not for the first radio access network node, wherein the second radio access network node is a radio access network node temporarily deployed in the region (paragraphs 12, 16 and 29).
Claims 13 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Turina and Jalden as applied to claims 1 and 14 above, and further in view of Murphy et al. (US 2017/0245176 A1).
Regarding claim 13 and 23, Turina teaches the method of claim 1, but fails to explicitly disclose wherein the first cell-shaping parameter is an antenna down-tilt parameter, an azimuth beam width parameter, an elevation beam width parameter, or an azimuth beam direction parameter.
However, Murphy teaches wherein the first cell-shaping parameter is an antenna down-tilt (paragraph 72: network management device 230 may increase the transmit power of one or more antennas in the cells associated with the coverage hole repeatedly, and determine whether the coverage hole has reduced, whether there are any side-effects such as reduced capacity, or the like. Additionally, or alternatively, network management device 230 may reduce a down tilt for one or more antennas associated with the coverage hole).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Turina’s method by incorporating the teachings of Murphy, for the purpose of directing the antenna in a specified direction.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RHONDA L MURPHY whose telephone number is (571)272-3185. The examiner can normally be reached Monday-Friday 9:00-5:00pm.
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/RHONDA L MURPHY/Primary Examiner, Art Unit 2462
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