DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114.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 12/01/2025 has been entered and made of record.
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 .
Claim Status
Claims 1, 4, 11 and 17 are amended.
Claim 21 is cancelled.
Claim 23 is added.
Claims 1-5, 7-14, 16-20 and 22-23 are pending for examination.
Applicant Argument
Applicant’s arguments (remark pages 8-15), filed on 12/01/2025, with respect to claims 1-5, 7-14, 16-20 and 22-23 have been considered but are moot in view of the new ground of rejection below which better address the claimed invention as amended.
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 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 20140098670 A1), hereinafter “Choi”, in view of Ibrahim et al. (US 20190288898 A1), hereinafter “Ibrahim”.
Regarding claim 17, Choi teaches ‘A non-transitory computer storage media’ (Choi: [FIG.1]: “eNB 100-1”, existence of memory (and processor) for eNB is implied); ‘storing computer-useable instructions that, when used by one or more processors, cause the processors to’ (this is implied);
‘measure a capacity level for at least one baseband frequency associated with a base station or a first sector of the base station, the at least one baseband frequency assigned to at least one user equipment (UE)’ (Choi: [0052]: “the cell load calculator 303 calculates a cell capacity … a representative cell load and an absolute cell capacity using Equation (1) to Equation (4) below based on the collected parameter information”; [0066]: “The cell load information generator 305 stores parameter information collected or measured by the cell load monitoring unit … uplink/downlink hardware load … Transport Network Layer (TNL) load … uplink/downlink Physical Resource Block (PRB) use rate, an uplink/downlink non-GBR PRB use rate, an uplink/downlink entire PRB use rate”; [0039]: “a cell load of a cell corresponding to the carrier 1 of the sector B 220 exceeds an equal threshold set in advance”, measure a capacity level for at least one baseband frequency (carrier1));
‘compare the measured capacity level for the at least one baseband frequency with a predetermined synchronization trigger threshold’ (Choi: [Abstract]: “A cell load of each of the plurality of cells is compared with at least one threshold set in advance”; [0039]: “In the case where a cell load of a cell corresponding to the carrier 1 of the sector B 220 exceeds an equal threshold set in advance”, comparing capacity level with at least one baseband frequency (carrier1) with a predetermined synchronization trigger threshold (threshold set in advance));
‘assign a second baseband frequency to at least one user equipment (UE) based on the measured capacity level being outside the predetermined synchronization trigger threshold’ (Choi: [0039]: “In the case where a cell load of a cell corresponding to the carrier 1 of the sector B 220 exceeds an equal threshold set in advance, a base station determines to perform the load equalization inside the group (223). Accordingly, the base station selects a cell belonging to the group 0 and corresponding to the carrier 2 located in the same sector B 220 … the base station determines the cell corresponding to the carrier 2 as a target cell. After that, the base station allows a terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”, assign a second baseband frequency (carrier2) to at least one UE).
Choi does not expressly teach ‘wherein the second baseband frequency is selected based on a subcarrier spacing, wherein the subcarrier spacing is selected based on an expected latency threshold associated with the at least one UE’.
However, Ibrahim teaches select optimal SCS based on latency threshold associated with UE (Ibrahim: [FIG.4A]-[FIG.4B]: “Latency = 125us”, “Subcarrier spacing”, “Optimal numerology”; [FIG.4C]-[FIG.4D]: “Latency = 250us”, “Subcarrier spacing”, “Optimal numerology”; [0013]: “Low latency is achieved by having shorter transmission time intervals (TTIs)”; [0003]: “subcarrier spacing of 15 KHz … subcarrier spacing is set to 60 KHz”; [0084]: “
PNG
media_image1.png
112
171
media_image1.png
Greyscale
PNG
media_image2.png
21
28
media_image2.png
Greyscale
is the subcarrier spacing … the latency constraint …
PNG
media_image3.png
29
160
media_image3.png
Greyscale
”, where
PNG
media_image4.png
22
33
media_image4.png
Greyscale
is latency threshold, the larger the subcarrier spacing, the shorter the TTI and the lower the latency; [0008]: “The transmission (and reception) devices described herein may further be implemented in a mobile device (or mobile station or User Equipment (UE))”; [0055]: “By such a selection of a numerology set for a transmission of the transmit signal flexible latency constraints and performance requirements can be considered. In particular the presence of channel distortions can be considered by the SNR. Thus optimal transmission with respect to throughput and latency can be obtained”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ibrahim’s teaching with that of Choi to select a second baseband frequency based on a subcarrier spacing with consideration of an expected latency threshold associated with the at least one UE in order to select an optimal numerology with respect to throughput and latency (see reference quotes in element above).
Regarding claim 19, combination of Choi and Ibrahim teaches the non-transitory computer storage media of claim 17 (discussed above).
Choi teaches ‘wherein the predetermined synchronization trigger threshold is based on a number of UEs currently using the at least one baseband frequency’ (Choi: [0054]: “UE(t) is the number of UEs for a period t and may be calculated using Equation (2)”; [0039]: “cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the offload threshold inside the group set in advance”, based on a number of UE currently using at least one baseband frequency (carrier1)).
Regarding claim 20, combination of Choi and Ibrahim teaches the non-transitory computer storage media of claim 17 (discussed above).
Choi teaches ‘wherein the second baseband frequency is associated with at least one of a second base station or a second sector of the base station’ (Choi: [0041]: “In the case where the cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the intragroup offload threshold set in advance … the base station determines a cell (i.e., cell corresponding to the sector A 210 of the group 1 and the carrier 3) whose cell load is lower than the second object load and is lowest among all cells belonging to the group 1 and the group 2 as a target cell. After that, the base station allows the terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”; [0038]: “the sector A 210 and the sector B 220 belong to one base station … the sector A 210 and the sector B 220 may belong to different base stations”, the second baseband frequency (carrier 3 on sector A) is on another base station or another sector of the same base station).
Claims 1, 3-5 and 7-10 and are rejected under 35 U.S.C. 103 as being unpatentable over Choi, in view of Ibrahim, and in view of TS38.306 (“User Equipment (UE) radio access capabilities”), hereinafter “TS38.306”.
Regarding claim 1, Choi teaches ‘A method’ (Choi: [Abstract]: “A method”); ‘intra-band and intra-sector coordination in a network’ (Choi: [FIG.7A]: “BAND 1”, “CARRIER1”, “CARRIER2”, carrier1 and carrier2 are intra-band carriers; [FIG.2]: “SECTOR B (220)”, “CARRIER1”, “CARRIER2”, carrier1 and carrie2 are intra-sector carriers; [0039]: “the carrier 1 of the sector B 220 exceeds an equal threshold set in advance, a base station determines to perform the load equalization … to the carrier 2 located in the same sector B 220”, intra-band and intra-sector coordination in a network);
‘the method comprising:
measuring a capacity level for at least one baseband frequency assigned to at least one user equipment (UE)’ (Choi: [0052]: “the cell load calculator 303 calculates a cell capacity … a representative cell load and an absolute cell capacity using Equation (1) to Equation (4) below based on the collected parameter information”; [0066]: “The cell load information generator 305 stores parameter information collected or measured by the cell load monitoring unit … uplink/downlink hardware load … Transport Network Layer (TNL) load … uplink/downlink Physical Resource Block (PRB) use rate, an uplink/downlink non-GBR PRB use rate, an uplink/downlink entire PRB use rate”; [0039]: “a cell load of a cell corresponding to the carrier 1 of the sector B 220 exceeds an equal threshold set in advance”, measure a capacity level for at least one baseband frequency (carrier1));
‘comparing the measured capacity level for the at least one baseband frequency with a predetermined synchronization trigger threshold’ (Choi: [Abstract]: “A cell load of each of the plurality of cells is compared with at least one threshold set in advance”; [0039]: “In the case where a cell load of a cell corresponding to the carrier 1 of the sector B 220 exceeds an equal threshold set in advance”, comparing capacity level with at least one baseband frequency (carrier1) with a predetermined synchronization trigger threshold (threshold set in advance));
‘based on the measured capacity level being outside the predetermined synchronization trigger threshold, assigning a second baseband frequency to the at least one UE’ (Choi: [0039]: “In the case where a cell load of a cell corresponding to the carrier 1 of the sector B 220 exceeds an equal threshold set in advance, a base station determines to perform the load equalization inside the group (223). Accordingly, the base station selects a cell belonging to the group 0 and corresponding to the carrier 2 located in the same sector B 220 … the base station determines the cell corresponding to the carrier 2 as a target cell. After that, the base station allows a terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”, assign a second baseband frequency (carrier2) to at least one UE).
Choi does not expressly teach ‘wherein the second baseband frequency is selected based on a subcarrier spacing, wherein the subcarrier spacing is selected based on a bandwidth numerology that corresponds to at least one of a frequency band classification of the second baseband frequency’.
However, Ibrahim in the same field of endeavor teaches select optimal SCS based on latency constraint (Ibrahim: [FIG.4A]-[FIG.4B]: “Latency = 125us”, “Subcarrier spacing”, “Optimal numerology”; [FIG.4C]-[FIG.4D]: “Latency = 250us”, “Subcarrier spacing”, “Optimal numerology”; [0013]: “Low latency is achieved by having shorter transmission time intervals (TTIs)”; [0003]: “subcarrier spacing of 15 KHz … subcarrier spacing is set to 60 KHz”; [0084]: “
PNG
media_image1.png
112
171
media_image1.png
Greyscale
PNG
media_image2.png
21
28
media_image2.png
Greyscale
is the subcarrier spacing … the latency constraint …
PNG
media_image3.png
29
160
media_image3.png
Greyscale
”, the larger the subcarrier spacing, the shorter the TTI and the lower the latency; [0055]: “By such a selection of a numerology set for a transmission of the transmit signal flexible latency constraints and performance requirements can be considered. In particular the presence of channel distortions can be considered by the SNR. Thus optimal transmission with respect to throughput and latency can be obtained”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ibrahim’s teaching with that of Choi to select a second baseband frequency based on a subcarrier spacing with consideration of numerology that corresponds to at least one of a frequency band classification of the second baseband frequency in order to select an optimal numerology with respect to throughput and latency (see reference quotes in element above).
Combination of Choi and Ibrahim does not expressly teach, but TS38.306 in the same field of endeavor teaches ‘bandwidth numerology’ (TS38.306: [Page 8]:
PNG
media_image5.png
51
733
media_image5.png
Greyscale
).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.306’s teaching with that of combination of Choi and Ibrahim to conform to 3GPP specification on bandwidth numerology and subcarrier spacing in order to promote corroboration and inter-operations.
Regarding claim 3, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Choi teaches ‘wherein the predetermined synchronization trigger threshold is based on a number of UEs currently using the at least one baseband frequency’ (Choi: [0054]: “UE(t) is the number of UEs for a period t and may be calculated using Equation (2)”; [0039]: “cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the offload threshold inside the group set in advance”, based on a number of UE currently using at least one baseband frequency (carrier1)).
Regarding claim 4, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Combination of Choi and Ibrahim does not expressly teach, but TS38.306 teaches ‘based on the at least one UE’s compatibility with the second baseband frequency’ (TS38.306: [Page 10]: “UE Capability Parameters”; [Page 15]: “bandNR Defines supported NR frequency band by NR frequency band number”, UE capability needs to support the second baseband frequency).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.306’s teaching with that of combination of Choi and Ibrahim to conform to 3GPP specification on UE capability in order to promote corroboration and inter-operations.
Regarding claim 5, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Choi teaches ‘based on a location of the at least one UE’ (Choi: [FIG.1]: “eNB 100-1”, “UE 101-1”, “eNB 100-2”, “UE 101-3”, cell or sector to serve UE may be based on UE location);
‘the capacity level of at least one neighboring cell or cell sector’ (Choi: [0041]: “In the case where the cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the intragroup offload threshold set in advance … the base station determines a cell (i.e., cell corresponding to the sector A 210 of the group 1 and the carrier 3) whose cell load is lower than the second object load and is lowest among all cells belonging to the group 1 and the group 2 as a target cell. After that, the base station allows the terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”; [0038]: “the sector A 210 and the sector B 220 may belong to different base stations”).
Regarding claim 7, combination of Choi, Ibrahim and TS38.306 the method of claim 1 (discussed above).
Combination of Choi and Ibrahim teaches ‘precalculating, based on a bandwidth numerology used in the network used in the network and a subcarrier spacing, the second baseband frequency for the at least one UE’ (Choi: [0062]: “the cell load calculator 303 calculates a resource hold amount for each cell, as in Equation (5), with consideration of a frequency bandwidth”; [0039]: “the base station determines the cell corresponding to the carrier 2 as a target cell. After that, the base station allows a terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”. Ibrahim: [FIG.4A]: “Subcarrier spacing”). However, combination of Choi and Ibrahim fails to expressly teach a bandwidth numerology used in the network;
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ibrahim’s teaching of subcarrier spacing with that of Choi in order to select an optimal numerology with respect to throughput and latency (Ibrahim: [0055]: “By such a selection of a numerology set for a transmission of the transmit signal flexible latency constraints and performance requirements can be considered. In particular the presence of channel distortions can be considered by the SNR. Thus optimal transmission with respect to throughput and latency can be obtained”).
TS38.306 teaches ‘bandwidth numerology used in the network’ (TS38.306: [Page 8]:
PNG
media_image5.png
51
733
media_image5.png
Greyscale
);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.306’s teaching with that of combination of Choi and Ibrahim to conform to 3GPP specification on bandwidth numerology and subcarrier spacing in order to promote corroboration and inter-operations.
Regarding claim 8, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 7 (discussed above).
Choi teaches ‘wherein the second baseband frequency for the at least one UE is borrowed from another baseband frequency’ (Choi: [0040]: “In the case where the cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the offload threshold inside the group set in advance, the base station determines to perform the offloading inside the group (221). Accordingly, the base station determines a cell (i.e., a cell corresponding to the sector A 210 of the group 1 and the carrier 1) whose cell load is lower than the first object load and is lowest among all cells belonging to the group 0; that is … cells corresponding to the carrier 1 and the carrier 2 located in the sector A 210, as a target cell. After that, the base station allows the terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”, may assign second baseband frequency (carrier1 of sector A) for at least one UE by borrowing the baseband frequency (carrier1) from sector B).
Regarding claim 9, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Choi does not expressly teach, but Ibrahim teaches ‘a millimeter wave frequency’ (Ibrahim: [0131]: “the Inter Carrier Interference (ICI) due to Doppler shifts and hardware imperfections such as phase noise in mmWave communications can be taken into account to further degrade the effective SNR. This is an important aspect, since at high Doppler shifts, larger subcarrier spacing are more favorable due to their robustness towards ICI”, mmWave (a millimeter wave frequency)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ibrahim’s teaching with that of Choi in order to support larger subcarrier spacing for robustness towards ICI (see reference quote in element above).
Regarding claim 10, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Choi teaches ‘wherein the second baseband frequency is associated with at least one of a second base station or a second sector of the base station’ (Choi: [0041]: “In the case where the cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the intragroup offload threshold set in advance … the base station determines a cell (i.e., cell corresponding to the sector A 210 of the group 1 and the carrier 3) whose cell load is lower than the second object load and is lowest among all cells belonging to the group 1 and the group 2 as a target cell. After that, the base station allows the terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”; [0038]: “the sector A 210 and the sector B 220 belong to one base station … the sector A 210 and the sector B 220 may belong to different base stations”, the second baseband frequency (carrier 3 on sector A) is on another base station or another sector of the same base station).
Regarding claim 22, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Combination of Choi and Ibrahim teaches ‘wherein assigning the second baseband frequency comprises selecting a frequency that enables improved quality of service (QoS) performance based on latency information and physical resource block (PRB) availability’ (Choi: [0054]: “
PNG
media_image6.png
125
484
media_image6.png
Greyscale
”; [0055]: “
PNG
media_image7.png
78
268
media_image7.png
Greyscale
”; [0057]: “
PNG
media_image8.png
21
92
media_image8.png
Greyscale
representing the number of UEs for a period t in consideration of a service class of each UE”, allocation based on QoS and PRB availability. Ibrahim: : [FIG.4A]-[FIG.4B]: “Latency = 125us”, “Subcarrier spacing”, “Optimal numerology”; [FIG.4C]-[FIG.4D]: “Latency = 250us”, “Subcarrier spacing”, “Optimal numerology”; [0013]: “Low latency is achieved by having shorter transmission time intervals (TTIs)”; [0003]: “subcarrier spacing of 15 KHz … subcarrier spacing is set to 60 KHz”; [0084]: “
PNG
media_image1.png
112
171
media_image1.png
Greyscale
PNG
media_image2.png
21
28
media_image2.png
Greyscale
is the subcarrier spacing … the latency constraint …
PNG
media_image3.png
29
160
media_image3.png
Greyscale
”, the larger the subcarrier spacing, the shorter the TTI and the lower the latency).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ibrahim’s teaching of select SCS based on latency constraint with that of Choi to select a frequency that enables improved quality of service (QoS) performance based on latency information and physical resource block (PRB) availability in order to select an optimal numerology with respect to throughput and latency (Ibrahim: [0055]: “By such a selection of a numerology set for a transmission of the transmit signal flexible latency constraints and performance requirements can be considered. In particular the presence of channel distortions can be considered by the SNR. Thus optimal transmission with respect to throughput and latency can be obtained”).
Claims 11, 13-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 20140098670 A1), hereinafter “Choi”, in view of Chen et al. (US 20230371096 A1), hereinafter “Chen”, and in view of Kumar et al. (US 20250015915 A1), hereinafter “Kumar”.
Regarding claim 11, Choi teaches ‘A method’ (Choi: [Abstract]: “A method”); ‘intra-band and intra-sector coordination in a network’ (Choi: [FIG.7A]: “BAND 1”, “CARRIER1”, “CARRIER2”, carrier1 and carrier2 are intra-band carriers; [FIG.2]: “SECTOR B (220)”, “CARRIER1”, “CARRIER2”, carrier1 and carrie2 are intra-sector carriers; [0039]: “the carrier 1 of the sector B 220 exceeds an equal threshold set in advance, a base station determines to perform the load equalization … to the carrier 2 located in the same sector B 220”, intra-band and intra-sector coordination in a network);
‘the method comprising:
communicating with a first base station using a first baseband frequency assigned to at least one user equipment (UE)’ (Choi: [FIG.1]: “UE 101-1”, “eNB 100-1”; Choi: [FIG.7A]: “BAND 1”, “CARRIER1”, UE may communicate with a base station using a baseband frequency (carrier1));
‘moving to a second baseband frequency when directed as a result of a measured capacity level being outside a predetermined synchronization trigger threshold’ (Choi: [0039]: “In the case where a cell load of a cell corresponding to the carrier 1 of the sector B 220 exceeds an equal threshold set in advance, a base station determines to perform the load equalization inside the group (223). Accordingly, the base station selects a cell belonging to the group 0 and corresponding to the carrier 2 located in the same sector B 220 … the base station determines the cell corresponding to the carrier 2 as a target cell. After that, the base station allows a terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”, UE would move to second baseband frequency (carrier2));
‘selecting the second baseband frequency based on resource availability communicated through the baseband submodules’ (Choi: [FIG.3]: cell load (resource availability) communicated through submodules such as “CELL LOAD MONITORING UNIT”, “CELL LOAD CALCULATOR”, “CELL LOAD INFORMATION GENERATOR”, “LOAD DISTRIBUTION DETERMINE UNIT”, “CALL PROCESSOR”; [0011]: “provide a method and an apparatus for distributing a load using a cell load based on an available resource in a wireless communication system supporting multi-carriers”; [FIG.5A]: select carrier based on cell load).
Choi does not expressly teach, but Chen in the same field of endeavor teaches ‘wherein the first baseband frequency is a macro baseband and the second baseband frequency is a millimeter wave frequency’ (Chen: [0032]: “The factors may include an identification of respective loads on the FR2 and FR1 carriers … it may be desirable in some instances to balance or split the load (approximately) equally amongst the FR2 and FR1 carriers to ensure an availability of resources”, would load balance between a macro baseband (FR1) and a millimeter wave frequency (FR2)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chen’s teaching with that of Choi in order to ensure an availability of resources (see reference quote in element above).
Combination of Choi and Chen does not expressly teach ‘wherein moving to the second baseband frequency comprises activating a hardware interface and generating a synchronization signal between baseband submodules’.
However, Kumar in the same field of endeavor teaches ‘activating a hardware interface and generating a synchronization signal between baseband submodules’ (Kumar: [FIG.1B]: submodules such as “NIC”, “ICX-SP PROCESSING UNIT”; [FIG.2]: submodules such gNB-CU and gNB-DU; [0003]: “In a 5G radio access network (RAN) architecture, the DU in the baseband unit (BBU) is responsible for real time Layer 1 and Layer 2 scheduling functions of the 5G protocol stack layer and the CU is responsible for non-real time, higher L2 and L3 of the 5G protocol stack layer”; [0015]: “the clock and synchronization module may further include an Ultra-low noise clock generation phase locked loops (PLLs), a Programmable oscillator and a System Synchronizer”; [0054]: “a clock synchroniser that may support a Boundary clock (BC) with synchronization blocks such as but not limited to IEEE 1588 and one or more precision timing protocol (PTP) engines”; [0056]: “the one or more PTP engines can be the secondary source of synchronization and may automatically activate”; [0050]: “the system (110) may include at least Four (×4) 25G Fiber Optic (SFP) but not limited to it as a fronthaul connection to the fronthaul NIC (116) on but not limited to an eCPRI protocol and at least two (×2) 10G Fiber Optic (SFP) as a backhaul connection to the backhaul network”; [0059]: “a communication network may include … nodes that transmit, receive, forward, generate, buffer, store, route, switch, process, or a combination thereof, etc. one or more messages, packets, signals”; would activate hardware interface such as SFP to transmit PTP synchronization signal between baseband submodules such as CU and DU).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kumar’s teaching with that of combination of Choi and Chen in order to achieve efficient hardware with more reliable and less costly synchronization (Kumar: [Abstract]: “an efficient hardware architecture for an ORAN compliant clock synchronizer module of a combined centralized unit and a distributed unit (CCDU) … make the CCDU more reliable and less costly”).
Regarding claim 13, combination of Choi, Chen and Kumar teaches the method of claim 11 (discussed above).
Choi teaches ‘wherein the predetermined synchronization trigger threshold is based on a number of UEs currently using the at least one baseband frequency’ (Choi: [0054]: “UE(t) is the number of UEs for a period t and may be calculated using Equation (2)”; [0039]: “cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the offload threshold inside the group set in advance”, based on a number of UE currently using at least one baseband frequency (carrier1)).
Regarding claim 14, combination of Choi, Chen and Kumar teaches the method of claim 11 (discussed above).
Choi teaches ‘based on bandwidth available’ (Choi: [0062]: “the cell load calculator 303 calculates a resource hold amount for each cell, as in Equation (5), with consideration of a frequency bandwidth”).
Choi does not expressly teach, but Chen teaches ‘in a 5G network for data access’ (Chen: [0002]: “a 5G New Radio (NR) … higher-frequencies, such as millimeter wave (mmWave) carrier frequencies”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chen’s teaching with that of Choi in order to support 5G NR system for accessing higher frequencies such as millimeter wave (see reference quote in element above).
Regarding claim 16, combination of Choi, Chen and Kumar teaches the method of claim 11 (discussed above).
Choi teaches ‘wherein the second baseband frequency is associated with at least one of a second base station or a second sector of a first base station’ (Choi: [0041]: “In the case where the cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the intragroup offload threshold set in advance … the base station determines a cell (i.e., cell corresponding to the sector A 210 of the group 1 and the carrier 3) whose cell load is lower than the second object load and is lowest among all cells belonging to the group 1 and the group 2 as a target cell. After that, the base station allows the terminal that receives a service from the cell corresponding to the carrier 1 to perform a handover to the target cell”; [0038]: “the sector A 210 and the sector B 220 belong to one base station … the sector A 210 and the sector B 220 may belong to different base stations”, the second baseband frequency (carrier 3 on sector A) is on another base station or another sector of the same base station).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Choi, Ibrahim and TS38.306 as applied to claim 1 above, further in view of R4-2005689 (“NR_unlic_SysParameters”), hereinafter “R4-2005689”.
Regarding claim 2, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Choi teaches ‘wherein the predetermined synchronization trigger threshold is based on an amount of data usage on the at least one baseband frequency’ (Choi: [0066]: “measured by the cell load monitoring unit … uplink/downlink Physical Resource Block (PRB) use rate”; [0039]: “cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the offload threshold inside the group set in advance”, based on amount of data usage (PRB) on at least one baseband frequency (carrier1)).
Combination of Choi, Ibrahim and TS38.306 does not expressly teach, but R4-2005689 in the same field of endeavor teaches ‘the at least one baseband frequency is in a 6 GHz spectrum’ (R4-2005689: [Page 7]: “6-GHz band. FCC is considering to open the spectrum from 5925 to 7125 MHz to low power indoor unlicensed devices”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine R4-2005689’s teaching with that of combination of Choi, Ibrahim and TS38.306 in order to utilize the unlicensed 6-GHz spectrum made available by FCC (see reference quotes in element above).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Choi, Chen and Kumar as applied to claim 11 above, further in view of R4-2005689.
Regarding claim 12, combination of Choi, Chen and Kumar teaches the method of claim 11 (discussed above).
Choi teaches ‘wherein the predetermined synchronization trigger threshold is based on an amount of data usage on the at least one baseband frequency’ (Choi: [0066]: “measured by the cell load monitoring unit … uplink/downlink Physical Resource Block (PRB) use rate”; [0039]: “cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the offload threshold inside the group set in advance”, based on amount of data usage (PRB) on at least one baseband frequency (carrier1)).
Combination of Choi, Chen and Kumar does not expressly teach, but R4-2005689 teaches ‘the at least one baseband frequency is in a 6 GHz spectrum’ (R4-2005689: [Page 7]: “6-GHz band. FCC is considering to open the spectrum from 5925 to 7125 MHz to low power indoor unlicensed devices”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine R4-2005689’s teaching with that of combination of Choi, Chen and Kumar in order to utilize the unlicensed 6-GHz spectrum made available by FCC (see reference quotes in element above).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Choi and Ibrahim as applied to claim 17 above, further in view of R4-2005689.
Regarding claim 18, combination of Choi and Ibrahim teaches the non-transitory computer storage media of claim 17 (discussed above).
Choi teaches ‘wherein the predetermined synchronization trigger threshold is based on an amount of data usage on the at least one baseband frequency’ (Choi: [0066]: “measured by the cell load monitoring unit … uplink/downlink Physical Resource Block (PRB) use rate”; [0039]: “cell load of the cell corresponding to the carrier 1 of the sector B 220 exceeds the offload threshold inside the group set in advance”, may be based on amount of data usage (PRB) on at least one baseband frequency (carrier1)).
Combination of Choi and Ibrahim does not expressly teach, but R4-2005689 teaches ‘the at least one baseband frequency is in a 6 GHz spectrum’ (R4-2005689: [Page 7]: “6-GHz band. FCC is considering to open the spectrum from 5925 to 7125 MHz to low power indoor unlicensed devices”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine R4-2005689’s teaching with that of combination of Choi and Ibrahim in order to utilize the unlicensed 6-GHz spectrum made available by FCC (see reference quotes in element above).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Choi, Ibrahim and TS38.306 as applied to claim 1 above, further in view of Kumar.
Regarding claim 23, combination of Choi, Ibrahim and TS38.306 teaches the method of claim 1 (discussed above).
Choi teaches ‘selecting the second baseband frequency based on resource availability communicated through the baseband submodules’ (Choi: [FIG.3]: cell load (resource availability) communicated through submodules such as “CELL LOAD MONITORING UNIT”, “CELL LOAD CALCULATOR”, “CELL LOAD INFORMATION GENERATOR”, “LOAD DISTRIBUTION DETERMINE UNIT”, “CALL PROCESSOR”; [0011]: “provide a method and an apparatus for distributing a load using a cell load based on an available resource in a wireless communication system supporting multi-carriers”; [FIG.5A]: select carrier based on cell load).
Combination of Choi, Ibrahim and TS38.306 does not expressly teach, but Kumar teaches ‘activating a hardware interface and generating a synchronization signal between baseband submodules’ (Kumar: [FIG.1B]: submodules such as “NIC”, “ICX-SP PROCESSING UNIT”; [FIG.2]: submodules such gNB-CU and gNB-DU; [0003]: “In a 5G radio access network (RAN) architecture, the DU in the baseband unit (BBU) is responsible for real time Layer 1 and Layer 2 scheduling functions of the 5G protocol stack layer and the CU is responsible for non-real time, higher L2 and L3 of the 5G protocol stack layer”; [0015]: “the clock and synchronization module may further include an Ultra-low noise clock generation phase locked loops (PLLs), a Programmable oscillator and a System Synchronizer”; [0054]: “a clock synchroniser that may support a Boundary clock (BC) with synchronization blocks such as but not limited to IEEE 1588 and one or more precision timing protocol (PTP) engines”; [0056]: “the one or more PTP engines can be the secondary source of synchronization and may automatically activate”; [0050]: “the system (110) may include at least Four (×4) 25G Fiber Optic (SFP) but not limited to it as a fronthaul connection to the fronthaul NIC (116) on but not limited to an eCPRI protocol and at least two (×2) 10G Fiber Optic (SFP) as a backhaul connection to the backhaul network”; [0059]: “a communication network may include … nodes that transmit, receive, forward, generate, buffer, store, route, switch, process, or a combination thereof, etc. one or more messages, packets, signals”; would activate hardware interface such as SFP to transmit PTP synchronization signal between baseband submodules such as CU and DU).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kumar’s teaching with that of combination of Choi, Ibrahim and TS38.306 in order to achieve efficient hardware with more reliable and less costly synchronization (Kumar: [Abstract]: “an efficient hardware architecture for an ORAN compliant clock synchronizer module of a combined centralized unit and a distributed unit (CCDU) … make the CCDU more reliable and less costly”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUOXING FAN whose telephone number is (703)756-1310. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm ET.
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, Yemane Mesfin can be reached at (571)272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/G.F./Examiner, Art Unit 2462
/YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462