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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/18/2025 has been entered.
Response to Amendment
This communication is considered fully responsive to the amendment filed on 07/18/2025.
Claims 1, 4, 21, 24, 28, and 31 have been amended
Claims 1-8 and 21-32 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claims 1-8 and 21-32 filed on 07/18/2025 have been considered but are moot because the arguments were drawn to newly added features to independent claims, which have been addressed in the instant office action with newly identified prior art, Zhu et al. (U.S. Patent Application Publication No. 20240064607), thus rendering Applicant’s arguments moot.
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 1-4, 7-8, 21-24, and 27-31 rejected under 35 U.S.C. 103 as being unpatentable over Bedekar (WIPO Publication No. WO 2019/083522 A1, hereinafter “Bedekar”) in view of Zhu et al (U.S. Patent Application Publication No. 20240064607, hereinafter “Zhu”).
Examiner’s note: in what follows, references are drawn to Bedekar unless otherwise mentioned.
With respect to independent claims 1, 21, and 28:
Regarding claim 1, Bedekar teaches A system, comprising:
a processor (Page 3, lines 3-4; an apparatus comprises at least one processor); and
a memory that stores executable instructions that, when executed by the processor, cause performance of operations (Page 3, lines 4-6; at least one memory including computer program code. The at least one memory and the computer program code are configured, with the at least one processor, to cause the apparatus to perform …), comprising:
routinely updating a data structure comprising a network topology of a communication network (Page 5, lines 4-9; a "CU-UP selector" functional entity updates mapping for instances within the CU-CP, at appropriate instants of time, for example, periodically, or based on events, such as UE connection requests, the "CU-UP selector" functional entity 20 updates its mappings at 36 (i) by sending to a suitable server, such as lookup server 22, a query 32 providing an identifier of DU 18 or gNB), wherein the network topology comprises topology connections between nodes of the communication network, wherein the nodes comprise a central unit control plane, central unit user planes (CU-UPs), and distributed units (Page 1, lines 22-28; CU- UP 12, 14 instances being placed topologically at different locations relative to CU-CP 16 instances. For example, CU-CP 16 may be in a centralized data center, while CU-UP 12, 14 may be in an edge cloud data center. Further, CU-UP 12, 14 instances may be placed at topologically different locations relative to different DUs 18, the DUs 18 being analogous to base stations or gNBs.)(Page 2, lines 12-14; the system architecture may include a diverse collection of CU-CP 16 and CU-UP 12, 14 instances and DUs 18 in which: (1) different instances of CU-UP 12, 14 are placed at different topological locations relative to CU-CP 12 and DUs 18;), and wherein the updating comprises:
(The missing/crossed out limitations will be discussed in view of Zhu.)
determining a request from a user equipment (UE) for network access (Page 2, line 29-31; receiving a connection request from a user equipment (UE)/flow connecting to a distributed unit (DU)); and
selecting a CU-UP from the CU-UPs to assign the UE based on a known aspect of the network topology of a communication network comprising the CU UP (Page 2, line 31-Page 3, line 2; using one or more mappings of one or more identifiers of network or service characteristics to a list of central unit-user plane (CU-UP) instance identifiers suitable for each of the network or service characteristics to select one or more suitable CU-UP instances for a connection; providing said identifiers for said one or more suitable CU-UP instances to a central unit-control plane (CU-CP); and establishing the UE/flow context in one of said one or more suitable CU-UP instances to complete said connection).
It is noted that while disclosing the routinely updating a data structure comprising a network topology of a communication network, Bedekar does not specifically teach about the “sending respective requests to the distributed units to provide information regarding respective connections of the distributed units to ones of the CU-Ups, and updating the topology connections of the network topology based on respective responses comprising the information from the distributed units” as recited in claim 1.
It, however, had been known in the art before the effective date of the instant application as shown by Zhu. Zhu discloses that, in Fig. 7 and para [0161] of Zhu, the network architecture may include one or more UE (in which one UE is shown in the figure), one or more IAB nodes (in which two IAB nodes are shown in the figure), a plurality of IAB donors, an access network device, a radio access network (radio access network, RAN) management network element, and a core network device. In para [0162] of Zhu, Zhu discloses that when the CU and the DU of the IAB donor are separated, a transmission path may further include an IAB donor DU part and an IAB donor CU part. As shown in Fig. 7 of Zhu, the first and second IAB donors (IAB donor 1 and IAB donor 2) of Zhu comprises a IAB donor DU coupled with a plurality of IAB donor CU-CPs, respectively (see Fig. 7).
Zhu teaches the missing features as follows:
sending respective requests to the distributed units to provide information regarding respective connections of the distributed units to ones of the CU-Ups (para [0187] of Zhu: The RAN management network element … may perform topology management, cell management, and the like for the IAB node of one or more IAB donors.)(Fig. 16 and para [0312] of Zhu: 1602. The RAN management network element sends a first interface establishment response message (interpreted as “respective requests”) to the first IAB donor (interpreted as “distributed units”))(para [0197] of Zhu: The first IAB donor is any one of the plurality of IAB donors connected to the RAN management network element, and may be understood as any one of the plurality of IAB donors managed by the RAN management network element, or may be understood as any one of the plurality of IAB donors in a management range of the RAN management network element.), and
updating the topology connections of the network topology based on respective responses comprising the information from the distributed units (para [0315] of Zhu: When a node connected to the first IAB donor changes, if the configuration information of the first IAB donor needs to be adjusted (interpreted as “updating the topology connections of the network topology”), the first IAB donor may send the first update request message (interpreted as “respective responses comprising the information from the distributed units”) to the RAN management network element through the first interface.)(para [0368] of Zhu: The first update request message may carry updated topology information of the first IAB donor DU.)(para [0187] of Zhu: The RAN management network element … may perform topology management, cell management, and the like for the IAB node of one or more IAB donors.).
Bedekar and Zhu are considered to be analogous to the claimed invention because both are in the same field of network topology. Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Bedekar's method by using the feature of Zhu in order to have more effective method such that updating the topology connections of the network topology based on respective responses from the distributed units. The rationale for doing so would have been to achieve better analysis of network topology by using request messages to the topology network and update request message from the topology network.
Regarding claim 21, it is a non-transitory computer-readable medium claim corresponding to the claim 1, except limitations “A non-transitory computer-readable medium having instructions stored thereon that, in response to execution, cause a processor to perform operations” (Page 3, lines 23-26; a computer-program product comprises a non-transitory computer-readable storage medium bearing computer program code embodied therein for use with a computer. The computer program code comprises code for performing at least the following) (Page 3, lines 3-4; an apparatus comprises at least one processor) and is therefore rejected for the similar reasons set forth in the rejection of claim 1.
Regarding claim 28, it is a method claim corresponding to the system claim 1, and is therefore rejected for the similar reasons set forth in the rejection of claim 1.
With respect to dependent claims:
Regarding Claim 2, Bedekar and Zhu teach The system of claim 1, wherein the operations further comprise: Bedekar further teaches,
detecting a subset of the topology connections of the network topology that comprise the known aspect (Page 5, lines 4-15; a "CU-UP selector" functional entity updates mapping for instances within the CU-CP, at appropriate instants of time, for example, periodically, or based on events, such as UE connection requests, … by receiving a response 34 from the server containing a list of CU-UP instance identifiers suitable for the provided DU/gNB identifier (interpreted as “detecting a subset of the topology connections of the network topology that comprise the known aspect”), supporting the slice identifiers provided in the query, and satisfying the desired latency of CU-UP instances relative to the provided DUs/gNBs)(see para [0059] of the Publication of the Instant Application describing the “detecting…” similar to the above citations in Bedekar.).
Regarding Claim 3, Bedekar and Zhu teach The system of claim 2, wherein the operations further comprise: Bedekar further teaches,
comparing CU-UPs of the network topology, comprising the CU-UP, based on the subset of the topology connections (Page 5, lines 4-15; a "CU-UP selector" functional entity updates mapping for instances within the CU-CP, at appropriate instants of time, for example, periodically, or based on events, such as UE connection requests, … by … satisfying the desired latency of CU-UP instances relative to the provided DUs/gNBs)(Examiner’s note: the terms “updates” discussed in Bedekar is interpreted as “comparing …” because the term “update” means to change by comparison.).
Regarding Claim 4, Bedekar and Zhu teach The system of claim 1, wherein the selecting of the CU-UP comprises: Bedekar further teaches,
iteratively, until the CU-UP is identified to be selected that satisfies a defined criterion associated with the known aspect of the network topology, analyzing respective CU-UPs of a group of CU-UPs of the network topology that are initially determined as comprising a connection to a distributed unit having received the request (Page 5, lines 4-15; a "CU-UP selector" functional entity updates mapping for instances within the CU-CP, at appropriate instants of time, for example, periodically, or based on events, such as UE connection requests, … by receiving a response 34 from the server containing a list of CU-UP instance identifiers suitable for the provided DU/gNB identifier, … satisfying the desired latency of CU-UP instances relative to the provided DUs(“distributed units”)/gNBs)(Examiner’s note: the ‘updates mapping … by receiving by receiving a response 34 from the server containing a list of CU-UP instance identifiers suitable for the provided DU/gNB identifier, supporting the slice identifiers provided in the query, and satisfying the desired latency of CU-UP instances relative to the provided DUs/gNBs’ is interpreted as “iteratively, until the CU-UP is identified to be selected that satisfies a defined criterion associated with the known aspect of the network topology, analyzing respective CU-UPs of a group of CU-UPs of the network topology…”)(Examiner’s note: the list of CU-UP instance identifiers suitable for the provided DU is interpreted as “a group of CU-UPs of the network topology that are initially determined”).
Regarding Claim 7, Bedekar and Zhu teach The system of claim 1, wherein the operations further comprise: Bedekar further teaches,
making the request for the network access by the UE to the CU-UP (Page 3, lines 6-13; receive a connection request from a user equipment (UE)/flow connecting to a distributed unit (DU); use one or more mappings of one or more identifiers of network or service characteristics to a list of central unit-user plane (CU-UP) instance identifiers suitable for each of the network or service characteristics to select one or more suitable CU-UP instances for a connection …).
Regarding Claim 8, Bedekar and Zhu teach The system of claim 1, wherein Bedekar further teaches,
the network topology is enabled using an open radio access network protocol or at least a fifth generation (5G) communication network protocol(page 4, lines 17-20; the CU-CP 16 includes a "CU- UP selector" functional entity 20, as shown in Figure 2, a schematic representation of a 5G radio access network (RAN) architecture).
Regarding Claim 22, Claim 22, has similar limitation as of Claim(s) 2, therefore it is rejected under the same reasons as Claim(s) 2.
Regarding Claim 23, Claim 23, has similar limitation as of Claim(s) 3, therefore it is rejected under the same reasons as Claim(s) 3.
Regarding Claim 24, Claim 24, has similar limitation as of Claim(s) 4, therefore it is rejected under the same reasons as Claim(s) 4.
Regarding Claim 27, Claim 27, has similar limitation as of Claim(s) 7, therefore it is rejected under the same reasons as Claim(s) 7.
Regarding Claim 29, Claim 29, has similar limitation as of Claim(s) 2, therefore it is rejected under the same reasons as Claim(s) 2.
Regarding Claim 30, Claim 30, has similar limitation as of Claim(s) 3, therefore it is rejected under the same reasons as Claim(s) 3.
Regarding Claim 31, Claim 31, has similar limitation as of Claim(s) 4, therefore it is rejected under the same reasons as Claim(s) 4.
Claims 5, 25, and 32 rejected under 35 U.S.C. 103 as being unpatentable over Bedekar in view of Zhu, and further in view of Parker et al. (U.S. Patent Application Publication No. 20200195495, hereinafter “Parker”).
Regarding Claim 5, Bedekar and Zhu teach The system of claim 1, wherein the operations further comprise:
analyzing, using an artificial intelligence model, the topology connections of the network topology wherein the selecting of the CU-UP comprises selecting the CU-UP based on a result of the analyzing. (Page 5, lines 4-15; a "CU-UP selector" functional entity updates mapping for instances within the CU-CP, at appropriate instants of time, for example, periodically, or based on events, such as UE connection requests, … by receiving a response 34 from the server containing a list of CU-UP instance identifiers suitable for the provided DU/gNB identifier, … satisfying the desired latency of CU-UP instances relative to the provided DUs(“distributed units”)/gNBs).
Bedekar fails to teach the “analyzing, using an artificial intelligence model,”.
However, Parker teaches the analyzing, using an artificial intelligence model (para [0037] of Parker; AI-based network inferencing functions may be used to dynamically monitor and predict network resource utilization as well as detect changes in SLAs used in connection with 5G network slice instance management to trigger initial resource allocation as well as re-allocation of the network resources within a specific network slice instance or among a group of network slice instances.).
Bedekar, Zhu and Parker are considered to be analogous to the claimed invention because both are in the same field of network topology. Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify the combination of Bedekar and Zhu by using the AI-Based features of Parker in order to have more effective method such that the system analyzes, using an artificial intelligence model, known topology connections of the network topology. The rationale for doing so would have been to achieve better analysis of network topology by using a AI model.
Regarding Claim 25, Claim 25, has similar limitation as of Claim(s) 5, therefore it is rejected under the same reasons as Claim(s) 5.
Regarding Claim 32, Claim 32, has similar limitation as of Claim(s) 5, therefore it is rejected under the same reasons as Claim(s) 5.
Claim(s) 6 and 26 rejected under 35 U.S.C. 103 as being unpatentable over Bedekar in view of Zhu, and further in view of Kita et al. (U.S. Patent Application Publication No. USP20240283717, hereinafter “Kita”).
Regarding Claim 6, Bedekar and Zhu teach The system of claim 1, wherein the operations further comprise: Bedekar and Zhu fail to teach,
analyzing a response from the CU-UP for an unknown aspect associated with one or more of the topology connection of the network topology; and updating the data structure with the unknown aspect.
Kita teaches the analyzing a response from the CU-UP for an unknown aspect associated with one or more of the topology connection of the network topology (para [0233] of Kita; it is assumed that the scale-out has been executed, to thereby add the CU-UP 54 under the control of the gNB 56)(Examiner’s note: the added CU-UP is interpreted as “one or more of the topology connections”); and updating the data structure with the unknown aspect (para [0233] of Kita; update the topology data (interpreted as “data structure”) illustrated in FIG. 11 to topology data illustrated in FIG. 13 . In the topology data illustrated in FIG. 13 , a node 1300 having an identifier of “CU-UP #101” has been added.).
Bedekar, Zhu and Kita are considered to be analogous to the claimed invention because both are in the same field of network topology. Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify the combination of Bedekar and Zhu by using the features of Kita in order to have more effective method such that the system analyzes a response from added CU-UP and updates the topology data to add the added CU-UP. The rationale for doing so would have been to achieve better update of network topology when the scale-out has been executed.
Regarding Claim 26, Claim 26, has similar limitation as of Claim(s) 6, therefore it is rejected under the same reasons as Claim(s) 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WON JUN CHOI whose telephone number is (703)756-1695. The examiner can normally be reached MON-FRI 08:00 - 17:00.
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/WON JUN CHOI/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411