DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that
function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not wish to have the claim limitation treated under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. § 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (US Pat. Pub. No. 2021/0058755).
Regarding claim 1, Zhang et al disclose a device (operator node) for operating a radio communication network, the device comprising: a processor (inherent in operator node) configured to:
receive radio communication network operational data from at least one communication terminal in accordance with a communication device management protocol (paragraph 75 discloses obtaining of data related monitoring report); and determine communication network operation parameters based on the received radio communication network operational data to control the operation of the communication network (paragraph 76 discloses generate monitoring report based on obtained data); and a memory to store the radio communication network operational data (paragraph 91 discloses stores data; abstract discloses operator node sends the monitoring report to the server).
Regarding claim 2, Zhang et al discloses the communication device management protocol is a Lightweight Machine-to-Machine, LwM2M, protocol comprising at least one LwM2M object (paragraph 78).
Regarding claim 3, Zhang et al discloses communication network operational data received from the at least one communication terminal in accordance with the LwM2M protocol comprises at least one of the following LwM2M objects: Connectivity Monitoring, Connectivity Statistics, 5GNR Connectivity, Device, Location, Cellular Connectivity and LwM2M Bearer Selection, and wherein the received radio communication network operational data comprises at least one LwM2M object (paragraph 78).
Regarding claim 4, Zhang et al discloses each received LwM2M object comprises at least one parameter, wherein the Connectivity Monitoring object parameters comprise any of: Network Bearer, Available Network Bearer, Radio Signal Strength, Link Quality, IP Addresses, Router IP Addresses, Link utilization, APN, Cell ID, SMNC and SMCC; Connectivity Statistics object parameters comprise any of: SMS Tx Counter, SMS Rx Counter, Tx Data, Rx Data, Max Message Size, Average Message Size, Collection Period and Start & Stop; Device object parameters comprise any of: Manufacturer, Model Number, Serial Number, Firmware Version, Factory Reset, Available Power Source, Current Time, Hardware Version and Battery Status; Location object parameters comprise any of: Latitude, Longitude, Altitude, Radius, Velocity, Timestamp and Speed; Cellular Connectivity object parameters comprise any of: MSC address, disable radio period, Module activation code, Vendor specific extensions, PSM Timer, Active Timer, Serving PLMN Rate control, eDRX parameters for NB-S1 mode and Activated Profile Names; and the LwM2M Bearer Selection object parameters comprise any of: Preferred Communications Bearer, Acceptable RSRP and List of available PLMNs (paragraph 82).
Regarding claim 5, Zhang et al discloses controlling the operation of the communication network comprises at least one of: determining overloaded and/or under-utilized communication networks, traffic routing, Quality of Service, QoS, profile provisioning, supervision of the at least one communication terminal, handover decisions for the at least one communication terminal, behavioral information of the at least one communication terminal, determining a relevance of the at least one communication terminal, and determining network upgrade requirements (paragraph 82).
Regarding claim 6, Zhang et al discloses the radio communication network is a Cellular Wide Area radio communication network configured in accordance with a 3GPP standard (paragraph 63).
Regarding claim 7, Zhang et al discloses the radio communication network is a Short Range radio communication network (paragraph 58).
Regarding claim 8, Zhang et al discloses a terminal communication device (UE), comprising a processor (inherent in UE [paragraph 62]) configured to: determine radio communication network operational data for one or more radio communication connections with a radio communication network (paragraph 21 UE to communicate with radio access communication link; paragraph 63 discloses UE performs monitoring and measurement, and transmits measurement); and send the determined radio communication network operational data to the radio communication network in accordance with a communication device management protocol to thereby enable the radio communication network to control the operation of the communication network (paragraph 74 discloses receiving monitoring report).
Regarding claim 9, Zhang et al discloses the terminal communication device is an Internet of Things, IoT, terminal and/or wherein the terminal communication device is a mobile internet of things, mIoT, terminal (paragraph 58).
Regarding claims 10-13, see above rejection of claims 2-5.
Regarding claim 14, Zhang et al discloses a method for operating a radio communication network comprising: receiving radio communication network operational data from at least one communication terminal in accordance with a communication device management protocol (paragraph 75 discloses obtaining of data related monitoring report); and determining communication network operation parameters to control the operation of the communication network based on the received radio communication network operational data (paragraph 76 discloses generate monitoring report based on obtained data).
Regarding claims 15-18, see above rejection of claims 2-5.
Regarding claim 19, Zhang et al discloses a non-transitory computer readable medium (inherent in a network equipment) comprising instructions which, when executed, implements a method for operating a radio communication network, the method comprising: receiving radio communication network operational data from at least one communication terminal in accordance with a communication device management protocol (paragraph 75 discloses obtaining of data related monitoring report); and determining communication network operation parameters to control the operation of the communication network based on the received radio communication network operational data (paragraph 76 discloses generate monitoring report based on obtained data).
Regarding claim 20, Zhang et al discloses a device (operator node) for operating a radio communication network, the device comprising: means for receiving (inherent in a network equipment includes wireless communication) radio communication network operational data from at least one communication terminal in accordance with a communication device management protocol (paragraph 75 discloses obtaining of data related monitoring report); and means for determining (inherent in a network equipment) communication network operation parameters based on the received radio communication network operational data to control the operation of the communication network (paragraph 76 discloses generate monitoring report based on obtained data).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
The following prior art are cited to show a method, which is considered pertinent to the claimed invention:
Agerstam et al (US Pat. Pub. No. 2019/0036772) directed toward intelligent wireless configuration for IOT devices; collecting data and perform actions.
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/LITON MIAH/Primary Examiner, Art Unit 2642