DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 12/17/25 have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B).
Response to Argument
Applicant's arguments filed 12/17/25 have been fully considered but they are not persuasive.
Claim 7 has been canceled.
Claims 1-6 and 8 are pending.
Applicant, on page 8 of the remark, argues that in Lou there is no disclosure of a first transceiver providing a first access connection to a first mobile network operator, and a second transceiver continuing to provide a second access connection to a second mobile network operator, in a portion of a second spectrum range as recited in amended claim 1. However, the Examiner respectfully disagrees.
Firstly, the claim merely recites a portion of the second spectrum range, but does not describe how much it represents/corresponds to the second spectrum range. However, a portion can absolutely equal 1, representing a whole unit, total amount, or a single serving. The portion represents any specific amount chosen or served, which can correspond to the entirety of a item (100% or 1 whole). Therefore, the Examiner broadly and reasonably interprets the portion of the second spectrum range corresponds to the entire of the second spectrum range.
Secondly, Lou et al. disclose at least in paragraphs 18 and 38 that the government entity allocates a first frequency range 210.sub.1 to the first MNO entity and second frequency range 210.sub.2 to the second MNO entity. When the first MNO has used all of the frequencies (or a threshold number of frequencies) in the frequency range allocated to the first MNO, the first MNO can send a request to use a frequency (one or more frequencies) in the second frequency range that has been allocated to the second MNO. In response to the request, the second MNO device can authorize the first MNO device to use one or more of its frequencies within the second frequency range. As mentioned above, the Examiner considers the portion of the second spectrum range as the entire of the second spectrum range. Therefore, the second MNO device continues to use the portion of the second spectrum range while the first MNO allocates/grants the portion of the second spectrum range to its UEs. For the reasons above, the Examiner contends that the reference shows all limitations in the claim.
Claim Rejections - 35 USC § 112
5. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
6. Claims 1-6 and 8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
For claims 1, 6 and 8, Applicant stated in page 8 of the remark that paragraph 67 in U.S. 20230224720 which supports “ identifying a spectrum sharing solution in which: the first transceiver provides the first access connection to the first mobile network operator in a portion of the second distinct spectrum range, the second transceiver continues to provide the second access connection to the second mobile network operator in the portion of the second distinct spectrum range, and a capacity of the first access connection using the portion of the second distinct spectrum range meets the capacity demand for the first mobile network operator.” However, it is not expressively described in the Specification.
For claims 2-5, the claims are dependent on claim 1. Therefore, the claims are also rejected.
Please make appropriate corrections or clarifications and provides the proper support in the Specification.
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.
Claims 1, 4-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lou et al. (U.S. 20190394704).
For claim 1, Lou et al. disclose a method performed by a network node in a cellular telecommunications network, wherein the cellular telecommunications network includes a first transceiver providing a first access connection to a first mobile network operator in a first spectrum range (first frequency range) (at least Fig. 1-2, [0018], [0031] and [0033]. A first MNO device grants UE requests for access to its network by assigning the frequencies. The first MNO determines bandwidth, and assigns to its UEs only the frequencies that are from the first frequency range that was allocated to the first MNO. The first MNO comprises base stations.) and a second transceiver providing a second access connection to a second mobile network operator in a second spectrum range (second frequency range) distinct from and non-over lapping with first spectrum (at least Fig. 1-2, [0018], [0031] and [0033]. The second MNO determines bandwidth, and assigns to its UEs only the frequencies that are from the second frequency range that was allocated to the second MNO. The second MNO comprises base stations.), the method comprising:
determining that a condition for initiating spectrum sharing has been met, wherein the condition for initiating spectrum sharing is based on at least one of a capacity demand for the first mobile network operator exceeding a capacity available for the first mobile network operator or a peak rate demand for the first mobile network operator exceeding a maximum peak rate available for the first mobile network operator (at least Fig. 1, [0018], [0031]- [00336] and [0054]. When the first MNO device of a first MNO has used all of the frequencies (or a threshold number of frequencies) in the frequency range allocated to the first MNO (e.g., allocated by the FCC, NTIA), the first MNO device can send a token to a second MNO device of a second MNO in the same coverage area, requesting authorization to use a frequency (one or more frequencies) in the frequency range that has been allocated to the second MNO.);
in response to the determination, identifying a spectrum sharing solution in which:
the first transceiver provides the first access connection to the first mobile network operator in a portion of the second spectrum range (at least [0018], [0038] and [0044]. The first MNO device can send a token (frequencies request) to a second MNO device of a second MNO. In the case that the second MNO can meet a portion of the amount requested, it can send an authorization message for the portion it can meet (e.g., identify the frequency(s) it can spare). As an example, if the original token requested 3 frequencies, and the second MNO network device determined that it can spare 2 out of 3 of the frequencies, then it will send an authorization message authorizing and identifying 2 frequencies. So that the first MNO network device can still assign these frequencies to its UE.),
the second transceiver continues to provide the second access connection to the second mobile network operator in the second portion of the second spectrum range (at least [0038] and [0044]. if the original token requested 3 frequencies, and the second MNO network device determined that it can spare 2 out of 3 of the frequencies, then it will send an authorization message authorizing and identifying 2 frequencies. So that the second MNO network device can still assign one of three frequencies to its UE. In other words, the UEs of the second MNO network device still access to its network in the second frequency range. To be more specific, Lou et al. disclose at least in paragraphs 18 and 38 that the government entity allocates a first frequency range 210.sub.1 to the first MNO entity and second frequency range 210.sub.2 to the second MNO entity. When the first MNO has used all of the frequencies (or a threshold number of frequencies) in the frequency range allocated to the first MNO, the first MNO can send a token to the second MNO requesting authorization to use a frequency (one or more frequencies) in the second frequency range that has been allocated to the second MNO. The second MNO device can, after receiving this token, authorize the first MNO to use a portion of its second frequency range. After authorizing, the second MNO still continues to provide its UEs to access its network through the second frequency range EXCEPTING the portion. In other words, the second MNO continues to provide its UEs to access its network through the second frequency range after authorizing.), and
a capacity of the first access connection using the portion of second spectrum range meets the capacity demand for the first mobile network operator (at least [0045] and [0061]-[0063]. If the requesting MNO network device (first MNO network device) has determined that the authorized frequency(s) is still needed, the requesting MNO network can continue to use the frequency. If the requesting MNO network device has determined that the authorized frequency(s) is no longer needed, it can at 555 transmit a message to the neighboring MNO network device, indicating to the neighboring MNO network device that it no longer needs the authorized frequency.); and
reconfiguring the first transceiver according to the identified spectrum sharing solution (at least [0038] and [0044]. The first MNO device can send a token (frequencies request) to a second MNO device of a second MNO. In the case that the second MNO can meet a portion of the amount requested, it can send an authorization message for the portion it can meet (e.g., identify the frequency(s) it can spare). As an example, if the original token requested 3 frequencies, and the second MNO network device determined that it can spare 2 out of 3 of the frequencies, then it will send an authorization message authorizing and identifying 2 frequencies. So that the first MNO network device can still assign these frequencies to its UE.)
For claim 4, Lou et al. disclose the method as claimed in Claim1, wherein the condition for initiating spectrum sharing relates to energy saving (at least [0003] and [0036]. To alleviate congestion in times of peak demand A network.)
For claim 5, Lou et al. disclose the method as claimed in Claim 4, wherein the condition includes at least one of. a measure of load in at least one of the first access connection or the second access connection, or a measure of energy consumption of at least one of the first access connection or the second access connection (at least Fig. 1, [0018], [0031]- [00336] and [0054]. When the first MNO device of a first MNO has used all of the frequencies (or a threshold number of frequencies) in the frequency range allocated to the first MNO (e.g., allocated by the FCC, NTIA), the first MNO device can send a token to a second MNO device of a second MNO in the same coverage area, requesting authorization to use a frequency (one or more frequencies) in the frequency range that has been allocated to the second MNO.)
For claims 6 and 8, the claims have features similar to claim 1. Therefore, the claims are also rejected for the same reason in claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Lou et al. (U.S. 20190394704) in view of Ghasemzadeh et al. (U.S. 20150289141).
For claim 2, Lou et al. do not disclose method as claimed in Claim 1, wherein the identified spectrum sharing solution also involves at least one of the second spectrum range of the second access connection entering energy saving mode or the first spectrum range of the first access connection entering energy saving mode.
In the same field of endeavor, Ghasemzadeh et al. disclose the identified spectrum sharing solution also involves at least one of the second spectrum range of the second access connection entering energy saving mode or the first spectrum range of the first access connection entering energy saving mode (at least [0569]. The method also enables radio node power saving. This is because the radio node (e.g. BS) using time shared spectrum can go into sleep mode when the spectrum is used by another operator.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Lou et al. as taught by Ghasemzadeh et al. for purpose of sharing frequency spectrum among the plurality of operators (e.g., all of the plurality of operators).
For claim 3, Lou et al. disclose method as claimed in Claim 1, wherein the base station provides the first access connection within the first distinct spectrum range and a third distinct spectrum range, the third spectrum range being distinct from and non-over-lapping with the first spectrum range and the second spectrum range (at least [0029]. A first MNO 205.sub.1 can be allocated a first frequency range 210.sub.1 of the RF spectrum, a second MNO 205.sub.2 can be allocated a first frequency range 210.sub.2, a third MNO 205.sub.3 can be allocated a third frequency range 210.sub.3, until an Nth MNO 205.sub.N can be allocated an nth frequency range 210.sub.N, whereby “N” represents some number. After allocation, each MNO can communicate with UEs registered on its network via the frequencies in the frequency range allocated to that MNO.) However, Lou et al. do not disclose the identified spectrum sharing solution also involves the first access connection entering energy saving mode in the third spectrum range.
In the same field of endeavor, Ghasemzadeh et al. disclose the identified spectrum sharing solution also involves the first access connection entering energy saving mode in the third spectrum range (at least [0569]. The method also enables radio node power saving. This is because the radio node (e.g. BS) using time shared spectrum can go into sleep mode when the spectrum is used by another operator.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Lou et al. as taught by Ghasemzadeh et al. for purpose of sharing frequency spectrum among the plurality of operators (e.g., all of the plurality of operators).
Conclusion
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/DAI PHUONG/ Primary Examiner, Art Unit 2644