DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
This non-final office action is responsive to the RCE filed on 01/02/2026.
Claims 1-2, 4-6, 8-22 are pending.
Response to Amendment
Applicant has amended independent claims 1, 14, 18 to include new/old limitations in a form not previously presented necessitating new search and considerations.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-2, 4-5, 9-12, 14-15, 17-19, 22 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhang et al. (US 2014/0258535 A1, hereafter Zhang) in view Matsumoto et al. (US 2004/0147256 A1, hereafter Matsumoto), and further in view of Chapin et al. (US 2009/0170472 A1, hereafter Chapin).
Zhang and Matsumoto were cited in the last office action.
As per claim 1, Zhang teaches the invention substantially as claimed including a method comprising:
receiving, by a computing device and from a client device, a request associated with accessing a resource (fig. 6 tenant 601 computing device 602 requirement for computing and network resources 644 server end station 604 multi-tenant cloud network 100 [0069] computing device 602 of a tenant 601 transmits a request / requirement for computing and network resource 644 to the server end station [0023] application service e.g. data, voice, and video; mobile phone, access content/services provided over the internet, end stations, coupled, access network, wirelessly i.e. tenant is accessing a wireless resource [0030] each tenant specify requirement of the network service, required bandwidth), wherein the request indicates one or more requirements for the resource ([0069] request, computing and network resources, bandwidth requirements [0023] application service e.g. data, voice, and video; mobile phone, access content/services provided over the internet, end stations, coupled, access network, wirelessly [0024] on-demand network access to shared pool of configurable computing resources [0030] each tenant specify requirement of the network service, required bandwidth),
determining, by the computing device and based on the request, a network device ([0069] request, requirement for computing / network resources [0072] different allocation scheme, possible, meet the requirement, request for computing and network resources, allowing requirements of the request for resources to be met, using, multi-tenant cloud network, one or more of the network devices 111-117 to “reserve” or allocated bandwidth on one or more communication links for the traffic [0074] determining optimal allocation of network bandwidth on a plurality of communication links, VMs, based upon requirements fig. 7 730 [0023] application service e.g. data, voice, and video; mobile phone, access content/services provided over the internet, end stations, coupled, access network, wirelessly [0024] on-demand network access to shared pool of configurable computing resources); and
causing, by the computing device and based on the request ([0069] request, requirement for computing / network resources [0030] each tenant specify requirement of the network service, required bandwidth [0072] fig. 6 server end station 604, bandwidth allocation module 608, requirements for the request for computing and network resources), the network device to use a virtual machine to execute a application that facilitates a service via the resource for the client device ([0030] cloud network, cloud provider, offer virtual network services [0031] virtual network service model, tenant, bandwidth demand, VM [0032] provide network services [0073] fig. 6 virtual machine allocation module 614, server end station 604, computing device 620 virtual machine 102 computing device 622 third virtual machine 103 using selected TDS, communication link identifiers and/or network device identifiers, operable, configure, multi-tenant cloud network, utilize determined allocated bandwidth amounts for the VM, cause, network device, reserve, bandwidth, traffic of the VM, VMs, instantiated, on one or more computing devices, according to the request, computing / network resources [0074] determining an optimal allocation of network bandwidth on a plurality of communication links for a plurality of virtual machines in a multi-tenant cloud network based upon a set of bandwidth requirements for the plurality of VMs [0023] network devices, multiple services network devices, multiple network functions, application service e.g. data, voice, and video; mobile phone, access content/services provided over the internet, end stations, coupled, access network, wirelessly [0024] on-demand network access to shared pool of configurable computing resources, cloud resident element, applications, software as a service), wherein the network device is configured to share the resource among a plurality of virtual machines ([0074] allocation of network bandwidth, plurality of communication links, plurality of virtual machines, multi-tenant cloud network [0023] application service e.g. data, voice, and video; mobile phone, access content/services provided over the internet, end stations, coupled, access network, wirelessly [0024] on-demand network access to shared pool of configurable computing resources).
Zhang doesn’t specifically teach request indicating the one or more requirements comprising an antenna characteristics for the wireless resource; cause to execute a virtualized radio application.
Matsumoto, however, teaches request associated with accessing wireless resource ([0008] request from the application for utilizing wireless communications services);
wherein the request indicates the one or more requirements for the wireless resource ([0008] request from the application for utilizing wireless communications services; receiving data, relating to emplacement decision information sent from the applicant i.e. one or more requirements);
the one or more requirement comprising an antenna characteristic ([0008] wireless communication service between one of antennas installed at a plurality of wireless base station and an antenna installed at the user side [0024] fig. 3 s7 user, registers (fig. 4), information, room/story/building, emplacement of antenna such as direction antenna, transmits the registered information [0029] wireless base station, designated direction, of within a preset angle in the direction; fig. 7S24-Y-S25-S30)
It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of the Zhang with the teachings of Matsumoto of receiving application request comprising the direction of antenna by the Applicant and accordingly configuring antenna at the wireless base station i.e. wireless resource or determining a wireless base station with designated direction to improve efficiency and allow request associated with accessing wireless resource indicates the one or more requirements comprising an antenna characteristic to the method of Zhang as in the instant invention.
The combination would have been obvious to one of ordinary skills in the art before the effective filing date of the invention because supplementing the teachings of Zhang of the requests for providing network services with the teachings of determining a wireless network device/resource based on the requests for wireless resource comprising antenna characteristic requirement as taught by Matsumoto to yield predictable results and improved efficiency as in the instant invention.
Zhang and Matsumoto, in combination, do not specifically teach cause to use a VM execute a virtualized radio application that facilitates a service via the wireless resource.
Chapin, however, teaches cause to use a VM execute a virtualized radio application that facilitates a service via the wireless resource ([0047] software radios, virtualization platform [0050] software application, software radio, radio spectrum [0053] fig. 1B virtual environment 26 GSM App 110; each software applications 104 communicates with the mobile stations using a specified communication protocol and specified RF spectrum, support different communication protocol [0025] two virtual machines, use difference frequency bands [0026] communication, protocol, number of channels, virtual machine, executing, executing communication applications, process, signals, wireless device, GSM, AMPS, CDMA, EDGE, WiMax).
It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Zhang and Masumoto with the teachings of Chapin of separate virtual environment executing communication application to process the wireless signals to improve efficiency and allow cause to use a VM execute a virtualized radio application that facilitates a service via the wireless resource to the method of Zhang and Matsumoto as in the instant invention.
The combination of analogous arts would have been obvious because applying the known method of executing communication applications for processing wireless signals within separate virtual machines as taught by Chapin to the method of Zhang and Matsumoto to yield expected result with improved resource efficiency.
As per claim 2, Zhang teaches wherein the wireless resource comprises one or more of a networking hardware resource
Chapin teaches remaining claim elements of wireless radio ([0047] wireless network, software radios, implemented using virtualization platform).
As per claim 4, Matsumoto teaches wherein the service comprises a cellular communication service ([0001] utilize wireless communication services on the internet, [0008] wireless communication service provider).
As per claim 5, Zhang teaches the network device is configured to multiplex signal streams from multiple virtual machines for shared access of the wireless resource among the plurality of virtual machines ([0026] multiplexing to support multiple virtual network, greater the amount of sharing, more tenants the provider may serve [0033] flexibility as data to and from a given VM can be distributed arbitrarily over other endpoints, multiplexing gain, VM pairs)
As per claim 9, Zhang teaches the network device is one of plurality of network devices geographically distributed at a plurality of locations for implementing one or more
Matsumoto teaches remaining claim elements of wireless communication service ([0001] utilize wireless communication services on the internet, [0008] wireless communication service provider).
As per claim 10, Zhang teaches wherein the network device implements a plurality of different i.e. data, voice, video, wirelessly, subscriber end stations, CPE, access network to edge network devices, coupled to other edge network devices, coupled, server end stations [0026] providers, configuring different services).
Matsumoto teaches remaining claim elements of wireless communication service ([0001] utilize wireless communication services on the internet, [0008] wireless communication service provider).
As per claim 11, Zhang teaches remaining claim elements of causing network device to use virtual machine to execute application that facilitates a service via the
Matsumoto teaches remaining claim elements of cellular communication service ([0001] utilize wireless communication services on the internet, [0008] wireless communication service provider).
Chapin, however, teaches modify a coverage area ([0017] modifying number of channels allocated to the communication protocol associated with the communication application [0122] enables sharing carrier, increase coverage [0126] reconfiguration, virtual base station, increase the number of channels ).
As per claim 12, Zhang teaches the plurality of virtual machines are logically isolated from each other on the network device ([0003] cloud computing, cloud network, virtual machines VMs, separation and performance isolation between VMs [0024] cloud computing, resources, virtual machines and desktop fig. 1 multi-tenant cloud network 100 first /second / third virtual machines 101-103 logically separated).
Claim 14 recites a system comprising elements similar to claim 1 and 9. Therefore, it is rejected for the same rational.
Claim 15 recites elements similar to claim 2. Therefore, it is rejected for the same rational.
Claim 17 recites elements similar to claim 4. Therefore, it is rejected for the same rational.
Claim 18 recites a device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to perform elements similar to claim 1. Therefore, it is rejected for the same rational.
Claim 19 recites elements similar to claim 2. Therefore, it is rejected for the same rational.
As per claim 22, Matsumoto teaches wherein the antenna characteristic is antenna direction ([0008] direction of the antenna, applicant, [0024] fig. 4 [0029] base station, designated direction or within a preset angle S24).
Claim 6 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhang in view of Matsumoto, and further in view of Chapin, as applied to above claims, and further in view of Potkonjak (US 2010/0277308 A1, hereafter Potkonjak).
Potkonjak was cited in the last office action.
As per claim 6, Zhang teaches wherein the one or more requirements further comprise a latency requirement ([0069] computing device 602 of a tenant 601 transmits a request / requirement for computing and network resource 644 to the server end station request, computing and network resources, bandwidth requirements);
Zhang, Matsumoto, and Chapin, in combination, do not specifically teach latency requirement.
Potkonjak, however, teaches latency requirement ([0028] receive, operational goals, quality of service QoS, wireless device, latency).
It would have been obvious to one of ordinary skills in the art at the time of effective filing date of the invention was made to combine the teachings of the Zhang, Matsumoto, and Chapin with the teachings of Potkonjak of wireless device to be managed with operational goals of quality of service needs including latency to improve efficiency and allow requirement including latency requirements to the method of Zhang, Matsumoto, and Chapin in the instant invention. The combination would have been obvious to one of ordinary skills in the art before the effective filing date of the invention because operational goals including latency requirement as taught by Potkonjak to be included in the requirement in the network resource request as taught by of Zhang, Matsumoto, and Chapin to yield predictable results with reasonable expectation of success and improved efficiency as in the instant invention.
Claim 8, 16, and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhang in view of Matsumoto, and further in view of Chapin, as applied to above claims, and further in view of Kim et al. (US 2009/0010215 A1, hereafter Kim).
Kim was cited in the last office action.
As per claim 8, Zhang in view of Matsumoto do not teach claim 8.
Kim, however, teaches the service utilizes beam forming via the wireless resource ([0014] SDMA communication, beam-forming, wireless resource).
It would have been obvious to one of ordinary skills in the art at the time of effective filing date of the invention was made to combine the teachings of the Zhang, Matsumoto, and Chapin with the teachings of Kim of allocating wireless resource for SDMA communication needed for beam-forming to improve efficiency and allow service utilizes beam forming via the wireless resource to the method of Zhang, Matsumoto, and Chapin as in the instant invention.
The combination of the cited prior art would have been obvious because of the efficiency realized by the beam forming taught by Kim.
Claim 16 recites elements similar to claim 8. Therefore, it is rejected for the same rational.
Claim 20 recites elements similar to claim 8. Therefore, it is rejected for the same rational.
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhang in view of Matsumoto and further in view of Chapin, as applied to above claims, and further in view of Breau et al. (US 7,969,953 B1, hereafter Breau).
Breau was cited in the last office action.
As per claim 13, Zhang teaches wherein the network device is configured to provide, to the plurality of virtual machines for access,
Chapin teaches interface for accessing the wireless resources ([0020] interfaces to allow the communication application to access the shared hardware resources).
Zhang, Matsumoto and Chapin, in combination, doesn’t specifically teach virtualized interface.
Breau, however, teaches virtualized interface for accessing the wireless resource (claim 1 software module, logical wireless interface, mobile device, and wireless access point).
It would have been obvious to one of ordinary skills in the art at the time of effective filing date of the invention was made to combine the teachings of the Zhang, Matsumoto and Chapin with the teachings of Breau of software module acting as logical wireless interface between mobile device and wireless access point to improve efficiency and allow virtualized interface for accessing the wireless resource to the method of Zhang, Matsumoto and Chapin as in the instant invention.
The combination would have been obvious to because substituting the wireless interface taught by Zhang, Matsumoto and Chapin of virtual machines associated with wireless resources with the logical interface for accessing wireless resource taught by Breau to yield predictable result and is motivated by improved efficiency.
Claim 21 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhang in view of Matsumoto, and further in view of Chapin, as applied to above claims, and further in view of Borst et al. (US 2004/0214577 A1, hereafter Brost).
Brost was cited in the last office action.
As per claim 21, Matsumoto teaches wherein the antenna characteristic is antenna
Zhang, Matsumoto and Chapin, in combination, do not specifically teach antenna characteristic is antenna power.
Borst, however, teaches required antenna characteristic is antenna power ([0007] quality of the service, antenna power and orientation).
It would have been obvious to one of ordinary skills in the art at the time of effective filing date of the invention was made to combine the teachings of the Zhang, Matsumoto and Chapin with the teachings of Brost of quality of service including antenna power and orientation to improve quality of service experienced by the user and include required antenna characteristic is antenna power to the method of Zhang, Matsumoto and Chapin as in the instant invention.
The combination would have been obvious to because supplementing the teachings of Zhang, Matsumoto and Chapin of virtual machines associated with wireless resources with the required antenna power and orientation taught by Brost to yield predictable result and is motivated by improved quality of service experienced by user.
Examiners Note
Applicant is further reminded of that the cited paragraphs and in the references as applied to the claims above for the convenience of the applicant(s) and although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider all of the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Response to Arguments
Applicant's arguments filed on 01/02/2026 have been fully considered but are moot in view of new grounds of rejections.
Conclusion
Authorization for Internet Communication
Applicant is encouraged to submit an authorization to communicate with the Examiner via the internet by making the following statement (MPEP 502.03)
“Recognizing that internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please note that the above statement can only by submitted via Central Fax (not Examiner’s Fax), Regular postal mail, or EFS Web using PTO/SB/439.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABU ZAR GHAFFARI whose telephone number is (571)270-3799. The examiner can normally be reached on Monday-Thursday 9:00 - 17:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aimee Li can be reached on 571-272-4169. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABU ZAR GHAFFARI/Primary Examiner, Art Unit 2195
Prosecution Insights