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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, 5, 6, 8, 9, 10, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Agashe et al. (US 20090264123 A1 dated 2009-10-22)
As to claim 1, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) A method of operating an access point in a wireless telecommunications network, the access point configured to cooperate with other access points in the wireless telecommunications network to serve as a user-centric cluster (see paragraph [0007], paragraph [0043]: "In another design, one base station may be selected to serve terminal 110 on the downlink and another base station may be selected to serve terminal 110 on the uplink". See also figures 3 and 4 and paragraphs [0082]-[0084]: "Equation (10) assumes that there is only one terminal served and that the split between relay access link 142 and backhaul link 144 is done in an optimal manner"),
the method comprising: determining a master node suitability value for the access point representing a suitability of the access point to be a master node in a user-centric cluster (see paragraphs [0037]-[0042]: metrics, and paragraph [0086]: "overall metric" and " In other designs, multiple metrics may be combined based on a function to obtain an overall metric. The base station with the best overall metric may then be selected.") ; and
transmitting the determined master node suitability value in a physical layer signal to a User Equipment (UE) (see paragraph [0008]: "message comprising the backhaul quality information and may send the overhead message over the air to terminals" and paragraph [0095]: "a base station may advertise its back-haul quality in an overhead message that may be broadcast over the air. Terminal 110 may receive overhead messages from candidate base stations") .
As to claim 4, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) The method as claimed in Claim1, wherein the master node suitability value is determined based on one or more of a group of access point properties consisting of: a count of connections with other access points in the wireless telecommunications network, a fronthaul connection quality indicator, a backhaul connection quality indicator, a load indicator, a processing capability indicator, a pilot availability indicator, and a latency indicator (different parameters used to estimate master node suitability, well-known in the art, see metrics, paragraphs [0037]-[0043] and overall metric, paragraph [0086] and paragraphs [0098], [0107]-[0118]. Paragraph [0086] – “In other designs, multiple metrics may be combined based on a function to obtain an overall metric. The base station with the best overall metric may then be selected.” Paragraph [0098] – “A base station may periodically convey its backhaul quality, e.g., in an overhead message sent over the air to terminals or in a backhaul message sent to one or more network entities. The backhaul quality information for the base station may include, e.g., residual capacity of the backhaul for the base station, full capacity of the backhaul, current loading/utilization of the backhaul capacity, energy efficiency of the backhaul, etc.”).
As to claim 5, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) A method of operating a User Equipment[[,]](UE)[[,]] in a wireless telecommunications network, the wireless telecommunications network including a first access point configured to cooperate with other access points in the wireless telecommunications network to serve as a user-centric cluster (see paragraph [0007], paragraph [0043]: "In another design, one base station may be selected to serve terminal 110 on the downlink and another base station may be selected to serve terminal 110 on the uplink". See also figures 3 and 4 and paragraphs [0082]-[0084]: "Equation (10) assumes that there is only one terminal served and that the split between relay access link 142 and backhaul link 144 is done in an optimal manner"),
the method comprising: receiving a first physical layer signal from the first access point(see paragraph [0100]: "via broadcast and/or unicast channels" “The base stations may send information (e.g., via broadcast and/or unicast channels) to allow terminal 110 to compute metrics.”);
processing the first physical layer signal to determine a master node suitability value for the first access point representing a suitability of the first access point to be a master node in a first user-centric cluster (see paragraphs [0094], [0095] and [0100], Paragraph [0094] – “[0094] In another aspect, a serving base station may be selected for terminal 110 by taking into consideration the backhaul quality of candidate base stations.” Paragraph [0095] – “[0095] In one design, a base station may advertise its backhaul quality in an overhead message that may be broadcast over the air. Terminal 110 may receive overhead messages from candidate base stations detected by the terminal.” Paragraph [0100] – “In general, server selection may be performed by terminal 110 or a network entity such as a base station or a network controller. The base stations may send information (e.g., via broadcast and/or unicast channels) to allow terminal 110 to compute metrics. Terminal 110 may then select a serving base station based on the computed metrics and the available information.” ); and
based on the master node suitability value for the first access point, sending an attach request message to the first access point (implicit to the method of selecting an access point, see e.g. paragraph [0100] – “In general, server selection may be performed by terminal 110 or a network entity such as a base station or a network controller. The base stations may send information (e.g., via broadcast and/or unicast channels) to allow terminal 110 to compute metrics. Terminal 110 may then select a serving base station based on the computed metrics and the available information.”).
As to claim 6, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) The method as claimed in Claim 5, wherein the wireless telecommunications network includes a second access point configured to cooperate with the other access points in the wireless telecommunications network to form the user-centric cluster (see paragraph [0007], paragraph [0043]: "In another design, one base station may be selected to serve terminal 110 on the downlink and another base station may be selected to serve terminal 110 on the uplink". See also figures 3 and 4 and paragraphs [0082]-[0084]: "Equation (10) assumes that there is only one terminal served and that the split between relay access link 142 and backhaul link 144 is done in an optimal manner"),
the method further comprising: receiving a second physical layer signal from the second access point (see paragraph [0100]: "via broadcast and/or unicast channels" “The base stations may send information (e.g., via broadcast and/or unicast channels) to allow terminal 110 to compute metrics.”);
processing the second physical layer signal to determine a master node suitability value for the second access point representing a suitability of the second access point to be a master node in a second user-centric cluster (see paragraphs [0094], [0095] and [0100] Paragraph [0094] – “[0094] In another aspect, a serving base station may be selected for terminal 110 by taking into consideration the backhaul quality of candidate base stations.” Paragraph [0095] – “[0095] In one design, a base station may advertise its backhaul quality in an overhead message that may be broadcast over the air. Terminal 110 may receive overhead messages from candidate base stations detected by the terminal.” Paragraph [0100] – “In general, server selection may be performed by terminal 110 or a network entity such as a base station or a network controller. The base stations may send information (e.g., via broadcast and/or unicast channels) to allow terminal 110 to compute metrics. Terminal 110 may then select a serving base station based on the computed metrics and the available information.”); and
comparing the master node suitability values of the first access point and the second access point (second access point is well-known in the art, see paragraph [0094] – “candidate base stations” Paragraph [0094] – “The server selection entity may obtain backhaul quality information for the candidate base stations and may use this information to select the serving base station for terminal 110.”).
As to claim 8, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) A non-transitory computer-readable storage medium storing a computer program comprising instructions which, when executed by a computer, cause the computer to carry out the method of Claim1. (Paragraph [0139] – “Memories 1142 and 1192 may store data and program codes for base station 120 and terminal 110, respectively.”)
As to claim 9, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) A system comprising: at least one processor and memory configured to operate an access point in a wireless telecommunications network, the access point configured to cooperate with other access points in the wireless telecommunications network to serve as a user-centric cluster (see paragraph [0007], paragraph [0043]: "In another design, one base station may be selected to serve terminal 110 on the downlink and another base station may be selected to serve terminal 110 on the uplink". See also figures 3 and 4 and paragraphs [0082]-[0084]: "Equation (10) assumes that there is only one terminal served and that the split between relay access link 142 and backhaul link 144 is done in an optimal manner"),
by: determining a master node suitability value for the access point representing a suitability of the access point to be a master node in a user-centric cluster (see paragraphs [0037]-[0042]: metrics, and paragraph [0086]: "overall metric" and "In other designs, multiple metrics may be combined based on a function to obtain an overall metric. The base station with the best overall metric may then be selected."); and
transmitting the determined master node suitability value in a physical layer signal to a User Equipment (UE) (see paragraph [0008]: "message comprising the backhaul quality information and may send the overhead message over the air to terminals" and paragraph [0095]: "a base station may advertise its back-haul quality in an overhead message that may be broadcast over the air. Terminal 110 may receive overhead messages from candidate base stations").
As to claim 10, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) An access point for a wireless telecommunications network, the access point configured to cooperate with other access points in the wireless telecommunications network to form a user-centric cluster, the access point comprising a processor and a transmitter configured to cooperate to carry out the method of Claim1 (see paragraph [0007], paragraph [0043]: "In another design, one base station may be selected to serve terminal 110 on the downlink and another base station may be selected to serve terminal 110 on the uplink". See also figures 3 and 4 and paragraphs [0082]-[0084]: "Equation (10) assumes that there is only one terminal served and that the split between relay access link 142 and backhaul link 144 is done in an optimal manner").
As to claim 11, Agashe et al. (US 20090264123 A1 dated 2009-10-22) discloses (Currently Amended) A User Equipment (UE) for a wireless telecommunications network, the wireless telecommunications network having a first access point configured to cooperate with other access points in the wireless telecommunications network to form a user- centric cluster, the UE comprising a processor and a receiver configured to cooperate to carry out the method of Claim5 (see paragraph [0007], paragraph [0043]: "In another design, one base station may be selected to serve terminal 110 on the downlink and another base station may be selected to serve terminal 110 on the uplink". See also figures 3 and 4 and paragraphs [0082]-[0084]: "Equation (10) assumes that there is only one terminal served and that the split between relay access link 142 and backhaul link 144 is done in an optimal manner").
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, 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.
Claim 2, 3, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Agashe et al. as applied in claim 1, 5 and further in view of Islam et al. (US 20190110242 A1 dated 2019-04-11)
As to claim 2, Agashe et al. does not explicitly recite but in an analogous art, Islam et al. (US 20190110242 A1 dated 2019-04-11) discloses (Currently Amended) The method as claimed in Claim 1, wherein the physical layer signal is part of a UE to access point attach procedure (Paragraph [0073] – “In certain aspects, a UE 120 may try and communicate with a BS 110 utilizing a random access procedure (e.g., also referred to as a RACH procedure for communicating with the BS 110 on a RACH).” It is well known in the art).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wireless network of Agashe et al. to include the means to access point attach procedure as taught by wireless network of Islam et al. in order to gain access to the network.
As to claim 3, Agashe et al. does not explicitly recite but in an analogous art, Islam et al. (US 20190110242 A1 dated 2019-04-11) discloses (Currently Amended) The method as claimed in Claim 1, wherein the transmitting includes: transmitting a plurality of beams each including a beam identifier as a physical layer signal, in a time-domain sequence, wherein the time-domain sequence correlates to the determined master node suitability value (Paragraph [0041] – “In general, modulation symbols are sent in the frequency domain with OFDM and in the time domain with SC-FDM.”). See paragraphs [0078], [0085]. Paragraph [0078] – “In certain aspects, the BS 110 may support beamforming to spatially beamform and transmit signals as beams in different spatial directions.”. Employing beams and a correspondence among beams and a physical signal index (SSB index) for further information signaling is regarded as a well-known design option. It employs beamforming and the synchronization channel to signal a backoff value).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wireless network of Agashe et al. to include the means to transmitting a plurality of beams as taught by wireless network of Islam et al. in order to cover cell by transmitting plurality of beams in different spatial directions.
As to claim 7, Agashe et al. does not explicitly recite but in an analogous art, Islam et al. (US 20190110242 A1 dated 2019-04-11) discloses (Currently Amended) The [[A]] method as claimed in either Claim 5, wherein the physical layer signal is part of a UE to access point attach procedure (Paragraph [0073] – “In certain aspects, a UE 120 may try and communicate with a BS 110 utilizing a random access procedure (e.g., also referred to as a RACH procedure for communicating with the BS 110 on a RACH).” It is well known in the art).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wireless network of Agashe et al. to include the means to access point attach procedure as taught by wireless network of Islam et al. in order to gain access to the network.
Conclusion
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/ABDULLAH AL MAMUN/Examiner, Art Unit 2646
/MATTHEW D. ANDERSON/Supervisory Patent Examiner, Art Unit 2646