DETAILED ACTION
This action is responsive to claims filed on 27 February 2026 and Information Disclosure Statements filed on 16 September 2022.
Claims 1-20 are pending for examination.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Applicant’s arguments filed 27 February 2026 have been entered. The claims have been
amended, canceled, and added as follows:
Claims are amended: 1, 9, 17.
Claims are original : 2-8, 10-16, 18-20.
Response to Arguments
Applicant’s arguments with respect to claims 1, 9, 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that the combination of Gupta, Li, Subramani, and Melodia fails to disclose or render obvious the limitation: “in response to the first record satisfying a predetermined condition based on the one or more attributes of the control plane including an amount of energy consumption, reconfiguring the control plane of the RAN based on the amount of energy consumption.” Applicant contends that no alleged reconfiguring in the cited art is based on an amount of energy consumption. Examiner respectfully agree that Li alone does not explicitly teach monitoring energy as a trigger attribute. However, this deficiency is cured by the teachings of Garcia-Saavedra. Which is now applied in the new ground of rejection below. Garcia-Saavedra teaches an access network controller (e.g., Non-RT RIC/SMO) that monitor and estimates energy consumption for network resources and reconfigures scheduling of assignment based on amount of energy ¶[0025], [0033], [0038]. While the primary references Gupta teaches the O-RAN method, E2 Node, RICs, and reconfiguration based on load/KPIs. Li explicitly teaches reconfiguring the RAN control plane (Via functional split changes) for the specific purpose of power saving. Melodia teaches self-awareness matrix as a state representation including user place KPIs and fault data. Subramani teaches the specific reconfigurations of reassigning Near-RT RICs, migrating RICs, and instantiating new RICs, migrating RICs and instantiating new RICs in a cloud-native environment.Examiner maintaining 101 rejection for claim 17-20 as below mentioned.Based on the above reasons, the examiner maintains prior art rejection based on previously cited art.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims does not fall within at least one of the four categories of patent eligible subject matter because that do not have a physical form, such as information (often referred as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations. See MPEP 2106.03(I). Claim 17 -20 is explicitly directed to “ a computer program product” which appears to encompass “a computer program per se”. “Non-limiting examples of claims that are not directed to any of the statutory categories include:
• Products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations;
• Transitory forms of signal transmission (often referred to as "signals per se"), such as a propagating electrical or electromagnetic signal or carrier wave; and
• Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA ), Public Law 112-29, sec. 33, 125 Stat. 284 (September 16, 2011).”
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.
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.
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 1-2, 9-10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (EP 3869847 A1) in view of Li et al (US 20190124577 A1) and further in view of Garcia-Saavedra et al. (US 20250254714 A1). With regarding Claim 1, Gupta disclose a computer-implemented method for dynamically reconfiguring a control plane of a radio access network, the computer-implemented method comprising (See FIG. 8 ¶[0117], [0095], [0127]-[0128], [0133]-[0134]. Disclosed dynamic reconfiguration of network elements(part of control plane) in an O-RAN architecture based on policies.): generating a self-awareness matrix of a radio access network (RAN) that comprises a plurality of E2 nodes, the self-awareness matrix comprises a plurality of records for each respective E2 node from the plurality of E2 nodes(See FIG. 11, Table 1 and ¶[0095], [0124], [0128], [0144]-[0146]. Disclosed establishes the O-RAN architecture with a plurality of E2 nodes. And a collection and control module in the non-RT RIC that receives KPIs and other network elements, includes E2nodes. FIG. 11 demonstrates the traffic management flow that relies on this collected data, confirming the operational framework for data gathering.) a first record corresponding to a first E2 node comprises, for the first E2 node, one or more attributes of the control plane of the RAN, the first E2 node being assigned to a first Near-Real-Time RAN Intelligent Controller (near-RT RIC) (See FIG. 11, Table 1 and ¶[0094]-[0095], [0117], [0127]-[0129], [0133], [0146]. Disclosed E2 node associated with control-plane, O-RAN elements associated with E2 node, E2 node associated with Near-RT RIC. And also disclosed aggregated KPIs structure and other information from network elements for policy generation); and Gupta may not explicitly disclose in response to the first record satisfying a predetermined condition based on the one or more attributes of the control plane reconfiguring the control plane of the RAN. However, in analogous art, Li disclose in response to the first record satisfying a predetermined condition based on the one or more attributes of the control plane including an amount of energy consumption, reconfiguring the control plane of the RAN based on the amount of energy consumption (See FIG. 3, and ¶[0003], [0032]-[0034], [0039]-[0045], [0050]. Disclosed a state table based approach to monitoring conditions and triggering reconfiguration decisions when predetermined thresholds are exceeded, and that reconfiguring RAN functions (functional splits) is motivated by power saving (e.g., Smaller CU results in less processing resource and power saving).). Gupta and Li may not explicitly disclosed energy consumption. However analogous art, Garcia-Saavedra disclose energy consumption (See ¶[0033], [0050], [0025], [0038], [0007], [0038], [0042]. Disclosed monitoring or predicting energy consumption and using that specific metric to drive the selection/assignment policy including an amount of the energy consumption limitation. ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li and Subramani to modify Gupta. Gupta teaches an O-RAN architecture¶[0142] where the RAN node encodes spectrum utilization information (attributes of the control plane) and transmits this information to the non-RT RIC. The system then receives a spectrum adjustment policy based on these attributes and reassigns spectrum resources accordingly. Li teaches specific mechanism for implementing condition-based reconfiguration by teaching a state table approach where current quality level is encoded for network elements and used to trigger reconfiguration decisions when conditions change relative to previous states (Li establishes that power saving is a recognized goal of RAN reconfiguration). Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. This combination ensure the condition based network reconfiguration techniques to the specific context of O-RAN control planes.
With regarding Claim 2 Gupta, Li and Garcia-Saavedra disclose the computer-implemented method of claim 1, Gupta disclose wherein the one or more attributes of the control plane comprise a transaction load (See FIG. 8 ¶[0134], [0041], [0123], [0061]. Disclosed collecting and encoding network traffic load information in the O-RAN.), a latency response, and a distance from a controlling near-RT RIC(See FIG. 8 ¶[0132], [0126], [0095], [0159]. Disclosed encoding mobility information including motion trajectory. “Distance from a controlling near-RT RIC” as distance can be derived from mobility and trajectory data.). Gupta may not explicitly disclose a latency response, However, in analogous art, Li disclose a latency response (See FIG. 7 , and ¶[0015], [0023]-[0024], [0045]. Disclosed measures RTT, one-way delay, jitter and uses them in the decision logic for reconfiguring the RAN functional split.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li to modify Gupta. Gupta teaches monitoring transaction load [0134] and mobility information including motion trajectory which relates to distance form a controlling near-RT RIC also disclosed smart cell/carrier selection that takes into account load conditions and UE speed[0126]. Li teaches the monitoring of latency response through one-way delay measurement, jitter measurement, and other latency-related metrics. Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. This combination ensure the condition based network reconfiguration techniques to the specific context of O-RAN control planes. This combination yields measurement techniques that could enhance the O-RAN implementation. With regarding Claim 9, Gupta disclose a system comprising: a non-real -time radio access network intelligent controller (non-RT RIC) of a radio access network (RAN) (See ¶[0104]-[0105] Disclosed has a non-RT RIC in the RAN); a plurality of near-real-time RAN intelligent controllers (near-RT RICs) of the RAN, the non-RT RIC controlling one or more operations of the near-RT RICs (See ¶[0106], [0110] Disclosed has near-RT RIC node below the non-RT RIC.); and a plurality of E2 nodes that use the RAN via the near-RT RICs (See ¶[0095], [0117] Disclosed has plurality of E2 nodes is more than one base station/DU/CU acting as E2 nodes, than use the RAN via the near-RT RICs- they are controlled/ managed by the near-RT RIC over E2.); wherein the non-RT RIC is configured to perform a method comprising: generating a self-awareness matrix of a radio access network (RAN) that comprises a plurality of E2 nodes, the self-awareness matrix comprises a plurality of records for each respective E2 node from the plurality of E2 nodes(See FIG. 11, Table 1 and ¶[0095], [0124], [0128], [0144]. Disclosed establishes the O-RAN architecture with a plurality of E2 nodes. And a collection and control module in the non-RT RIC that receives KPIs and other network elements, includes E2nodes. FIG. 11 demonstrates the traffic management flow that relies on this collected data, confirming the operational framework for data gathering.) a first record corresponding to a first E2 node comprises, for the first E2 node, one or more attributes of the control plane of the RAN, the first E2 node being assigned to a first Near-Real-Time RAN Intelligent Controller (near-RT RIC) (See FIG. 11, Table 1 and ¶[0094]-[0095], [0117], [0127]-[0129], [0133], [0146]. Disclosed E2 node associated with control-plane, O-RAN elements associated with E2 node, E2 node associated with Near-RT RIC. And also disclosed aggregated KPIs structure and other information from network elements for policy generation); and Gupta may not explicitly disclose in response to the first record satisfying a predetermined condition based on the one or more attributes of the control plane reconfiguring the control plane of the RAN. However, in analogous art, Li disclose in response to the first record satisfying a predetermined condition based on the one or more attributes of the control plane reconfiguring the control plane of the RAN (See FIG. 3, and ¶[0032]-[0034], [0039]-[0045]. Disclosed a state table based approach to monitoring conditions and triggering reconfiguration decisions when predetermined thresholds are exceeded). Gupta and Li may not explicitly disclosed energy consumption. However analogous art, Garcia-Saavedra disclose energy consumption (See ¶[0033], [0050], [0025], [0038], [0007], [0038], [0042]. Disclosed monitoring or predicting energy consumption and using that specific metric to drive the selection/assignment policy including an amount of the energy consumption limitation. ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li and Subramani to modify Gupta. Gupta teaches an O-RAN architecture¶[0142] where the RAN node encodes spectrum utilization information (attributes of the control plane) and transmits this information to the non-RT RIC. The system then receives a spectrum adjustment policy based on these attributes and reassigns spectrum resources accordingly. Li teaches specific mechanism for implementing condition-based reconfiguration by teaching a state table approach where current quality level is encoded for network elements and used to trigger reconfiguration decisions when conditions change relative to previous states (Li establishes that power saving is a recognized goal of RAN reconfiguration). Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. This combination ensure the condition based network reconfiguration techniques to the specific context of O-RAN control planes. With regarding Claim 10, through of a different scope, the limitations of claim 10 are substantially similar or identical to those of claim 2, and is rejected under the same reasoning. With regarding Claim 17, Gupta disclose a computer program product comprising a computer readable storage medium having computer-executable instruction therein, the compute-executable instructions when executed by one or more processors perform a method comprising (See FIG. 4 and ¶[0081]-[0083], [0124], [0145], [0150], [0152], [0156]. Disclosed computer-readable medium and processors and memory/storage where executable instructions are stored in memory devices containing computer executable instructions that cause processors to perform methods when executed.): generating a self-awareness matrix of a radio access network (RAN) that comprises a plurality of E2 nodes, the self-awareness matrix comprises a plurality of records for each respective E2 node from the plurality of E2 nodes(See FIG. 11, Table 1 and ¶[0095], [0124], [0128], [0144]. Disclosed establishes the O-RAN architecture with a plurality of E2 nodes. And a collection and control module in the non-RT RIC that receives KPIs and other network elements, includes E2nodes. FIG. 11 demonstrates the traffic management flow that relies on this collected data, confirming the operational framework for data gathering.) a first record corresponding to a first E2 node comprises, for the first E2 node, one or more attributes of the control plane of the RAN, the first E2 node being assigned to a first Near-Real-Time RAN Intelligent Controller (near-RT RIC) (See FIG. 11, Table 1 and ¶[0094]-[0095], [0117], [0127]-[0129], [0133], [0146]. Disclosed E2 node associated with control-plane, O-RAN elements associated with E2 node, E2 node associated with Near-RT RIC. And also disclosed aggregated KPIs structure and other information from network elements for policy generation); and Gupta may not explicitly disclose in response to the first record satisfying a predetermined condition based on the one or more attributes of the control plane reconfiguring the control plane of the RAN. However, in analogous art, Li disclose in response to the first record satisfying a predetermined condition based on the one or more attributes of the control plane reconfiguring the control plane of the RAN (See FIG. 3, and ¶[0032]-[0034], [0039]-[0045]. Disclosed a state table based approach to monitoring conditions and triggering reconfiguration decisions when predetermined thresholds are exceeded). Gupta and Li may not explicitly disclosed energy consumption. However analogous art, Garcia-Saavedra disclose energy consumption (See ¶[0033], [0050], [0025], [0038], [0007], [0038], [0042]. Disclosed monitoring or predicting energy consumption and using that specific metric to drive the selection/assignment policy including an amount of the energy consumption limitation. ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li and Subramani to modify Gupta. Gupta teaches an O-RAN architecture¶[0142] where the RAN node encodes spectrum utilization information (attributes of the control plane) and transmits this information to the non-RT RIC. The system then receives a spectrum adjustment policy based on these attributes and reassigns spectrum resources accordingly. Li teaches specific mechanism for implementing condition-based reconfiguration by teaching a state table approach where current quality level is encoded for network elements and used to trigger reconfiguration decisions when conditions change relative to previous states (Li establishes that power saving is a recognized goal of RAN reconfiguration). Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. This combination ensure the condition based network reconfiguration techniques to the specific context of O-RAN control planes.10. Claims 3-4, 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta, Li and Garcia-Saavedra as to claim 1 above, and further in view of Melodia et al. (US 20220167236 A1). With regarding Claim 3, Gupta, Li and Garcia-Saavedra disclose the computer-implemented method of claim 1, Gupta, Li and Garcia-Saavedra may not explicitly disclose wherein the first record comprises one or more attributes of a user plane of the RAN for the first E2 node. However, in analogous art, Melodia disclose wherein the first record comprises one or more attributes of a user plane of the RAN for the first E2 node (See FIG. 22 , and ¶[00136], [0088], [0141], [0005]. Disclosed collecting user plane attributes for network elements and storing them in dataset that functions as a recorded for each node. This dataset is used by the RIC to make optimization E2 node.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Melodia to modify Gupta and Li. Gupta teaches monitoring transaction load [0134] and mobility information including motion trajectory which relates to distance form a controlling near-RT RIC also disclosed smart cell/carrier selection that takes into account load conditions and UE speed[0126]. Li teaches the monitoring of latency response through one-way delay measurement, jitter measurement, and other latency-related metrics. Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. And Melodia teaches collecting and utilizing user plane attributes for RAN nodes. This combination yields measurement techniques that could enhance the O-RAN implementation.
With regarding Claim 4, Gupta, Li, Garcia-Saavedra and Melodia disclose the computer-implemented method of claim 3, Gupta disclosed wherein the one or more attributes of the user plane of the RAN comprise a performance key performance index(See ¶[00146], [0128]. Disclosed user plane performance KPIs, throughput, RLC/MAC/ layer latency as well as fault data e.g. UE connection and mobility/handover statistics with an indication of successful and failed handovers.), and a fault data. Gupta, Li, and Garcia-Saavedra may not explicitly disclose fault data. However, in analogous art, Melodia disclose fault data (See ¶[0005], [0109]. Disclosed reinforces that performance metrics and fault management statistics are used in O-RAN architectures.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Melodia to modify Gupta and Li. Gupta teaches monitoring transaction load [0134] and mobility information including motion trajectory which relates to distance form a controlling near-RT RIC also disclosed smart cell/carrier selection that takes into account load conditions and UE speed[0126]. Li teaches the monitoring of latency response through one-way delay measurement, jitter measurement, and other latency-related metrics. Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. And Melodia teaches reinforces that performance metrics and fault management statistics are used in O-RAN architectures. This combination ensure to implement a monitoring system that captures both performance metrics and fault conditions to enable intelligent data driven of the user plane. With regarding Claim 11, through of a different scope, the limitations of claim 11 are substantially similar or identical to those of claim 3, and is rejected under the same reasoning. With regarding Claim 12, through of a different scope, the limitations of claim 12 are substantially similar or identical to those of claim 4, and is rejected under the same reasoning.
10. Claims 5-8, 13-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta, Li and Garcia-Saavedra as applied to claim 1/9/17 above, and further in view of Subramani et al. (US 20220342732 A1). With regarding Claim 5, Gupta, Li, and Garcia-Saavedra disclose the computer-implemented method of claim 1, Gupta, Li, and Garcia-Saavedra may not explicitly disclose wherein reconfiguring the control plane comprises updating at least one of the E2 nodes by reassigning a near-RT RIC associated with the at least one of the E2 nodes. However, in analogous art, Subramani disclose wherein reconfiguring the control plane comprises updating at least one of the E2 nodes by reassigning a near-RT RIC associated with the at least one of the E2 nodes(See FIG. 21, 31 and ¶[0187]-[0190]. Disclosed E2 nodes are automatically reassigned from a failed active RIC to a standby RIC). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Melodia to modify Gupta and Li. Gupta teaches monitoring transaction load [0134] and mobility information including motion trajectory which relates to distance form a controlling near-RT RIC also disclosed smart cell/carrier selection that takes into account load conditions and UE speed[0117], [0127]-[0128]]. Li teaches the monitoring of latency response through one-way delay measurement, jitter measurement, and other latency-related metrics. Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy, and Subramani teaches a system where E2 nodes are automatically reassigned from a failed active RIC to a standby RIC. This combination improve the reliability of O-RAN system through redundancy and failover capabilities. With regarding Claim 6, Gupta, Li, and Garcia-Saavedra disclose the computer-implemented method of claim 1, Gupta, Li, and Garcia-Saavedra may not explicitly disclose wherein reconfiguring the control plane comprises migrating the first near-RT RIC. However, in analogous art, Subramani disclose wherein reconfiguring the control plane comprises migrating the first near-RT RIC (See FIG. 31 and ¶[0187]-[0190]. Disclosed dual home SCTP connections allowing E2 nodes to automatically switch form an active RIC to a standby RIC when active RIC fails). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li to modify Gupta. Gupta teaches an O-RAN architecture¶[0142] where the RAN node encodes spectrum utilization information (attributes of the control plane) and transmits this information to the non-RT RIC. The system then receives a spectrum adjustment policy based on these attributes and reassigns spectrum resources accordingly. Li teaches specific mechanism for implementing condition-based reconfiguration by teaching a state table approach where current quality level is encoded for network elements and used to trigger reconfiguration decisions when conditions change relative to previous states. Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. And Subramani teaches migration due to failure scenario and a distributed near RT RIC implemented with active and standby components, where E2 nodes and xApp pods automatically switch to the standby RICs. This combination ensure that maintaining optimal network performance under varying load conditions. With regarding Claim 7, Gupta, Li, and Garcia-Saavedra disclose the computer-implemented method of claim 1, Gupta, Li, and Garcia-Saavedra may not explicitly disclose wherein reconfiguring the control plane comprises instantiating a new near-RT RIC. However, in analogous art, Subramani disclose wherein reconfiguring the control plane comprises instantiating a new near-RT RIC(See FIG. 31 and ¶[0187]-[0190], [0159]-[0160], [0143]. Disclosed the concept of deploying and activating RIC components based on network conditions. Primarily teaches an active/standby RIC architecture where a pre-deployed standby RIC takes over when the active RIC fails. Further teaches that the O-RAN architecture is designed to flexibly configure the desired optimization policies and enable intelligent and proactive traffic management.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li to modify Gupta. Gupta teaches an O-RAN architecture¶[0142] where the RAN node encodes spectrum utilization information (attributes of the control plane) and transmits this information to the non-RT RIC. The system then receives a spectrum adjustment policy based on these attributes and reassigns spectrum resources accordingly. Li teaches specific mechanism for implementing condition-based reconfiguration by teaching a state table approach where current quality level is encoded for network elements and used to trigger reconfiguration decisions when conditions change relative to previous states. Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. And Subramani teaches the concept of deploying and activating RIC components based on network conditions. This combination teaches on virtualized RIC architecture, dynamic application deployment and network optimization. With regarding Claim 8, Gupta, Li, and Garcia-Saavedra disclose the computer-implemented method of claim 1, Gupta Disclosed wherein reconfiguring the control plane comprises changing one or more control units (CUs) and/or one or more distributed units (DUs) associated with the first near-RT RIC (See FIG.6 and ¶[0126], [0134], [0094]-[0095], [0098]-[0099]. Disclosed that E2 nodes includes O-CUs and O-DUs with near-RT RIC controlling these components via the E2 interface.). Gupta, Li, and Garcia-Saavedra may not explicitly disclose changing one or more control units (CUs) and/or one or more distributed units (DUs). However, in analogous art, Subramani disclose changing one or more control units (CUs) and/or one or more distributed units (DUs) (See FIG. 31 and ¶[0187]-[0190]. Disclosed the specific technical mechanism for changing the associations between network components when reconfiguration is needed. And an active/standby RIC architecture where E2 nodes(which include CUs and DUs) automatically switch their associations from one RIC to another when needed, using dual-homed SCTP connections.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li to modify Gupta. Gupta teaches an O-RAN architecture¶[0142] where the RAN node encodes spectrum utilization information (attributes of the control plane) and transmits this information to the non-RT RIC. The system then receives a spectrum adjustment policy based on these attributes and reassigns spectrum resources accordingly. Li teaches specific mechanism for implementing condition-based reconfiguration by teaching a state table approach where current quality level is encoded for network elements and used to trigger reconfiguration decisions when conditions change relative to previous states. Garcia-Saavedra teaches an O-RAN CloudRIC(Non-RT RIC) that manages vRAN resources (control panel) by estimating energy consumption and assigning resources based on minimizing that energy. Subramani teaches the concept of deploying and activating RIC components based on network conditions. This combination teaches on virtualized RIC architecture, dynamic application deployment and network optimization. With regarding Claim 13, through of a different scope, the limitations of claim 13 are substantially similar or identical to those of claim 5, and is rejected under the same reasoning. With regarding Claim 14, through of a different scope, the limitations of claim 14 are substantially similar or identical to those of claim 6, and is rejected under the same reasoning. With regarding Claim 15, through of a different scope, the limitations of claim 15 are substantially similar or identical to those of claim 7, and is rejected under the same reasoning. With regarding Claim 16, through of a different scope, the limitations of claim 16 are substantially similar or identical to those of claim 8, and is rejected under the same reasoning.
With regarding Claim 18, through of a different scope, the limitations of claim 18 are substantially similar or identical to those of claim 5, and is rejected under the same reasoning. With regarding Claim 19, through of a different scope, the limitations of claim 19 are substantially similar or identical to those of claim 6, and is rejected under the same reasoning. With regarding Claim 20, through of a different scope, the limitations of claim 20 are substantially similar or identical to those of claim 7, and is rejected under the same reasoning. 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.A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of this action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the action.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIVAKRISHNA VALLAMDASU whose telephone number is (571)272-5249. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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/SHIVAKRISHNA VALLAMDASU/Examiner, Art Unit 2468
/MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468