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 .
DETAILED ACTION
Response to Amendment
Acknowledgement is made of the response to election/restriction filed on January 29, 2026, in which:
Species I is elected with traverse.
Claims 2-7, 11-14, and 16-20 are withdrawn.
Claims 1, 8, 9, 10, and 15 are currently pending and an Office action on the merits follows.
Response to Arguments
On pages 10-14 the applicant argues that the requirement for restriction is improper. The examiner respectfully disagrees. The examiner referred to the Fig. 1A as Species I, Fig. 1B as Species II, Fig. 1C as Species III, Fig. 1D as Species IV, Fig. 1E as Species V, and Fib. 1F as Species VI which allowed the applicant to determine which claims are directed to each Species based on the figures. Thus, allowing the applicant to make an election based on the desired figure and corresponding claims. Each of Species I-VI are mutually exclusive as they each perform steps and/or functions that are not included in any of the other Species. For example, Species I is directed to receiving a 2nd frequency, time, and phase synchronization and utilizing the 2nd frequency, time, and phase synchronization, but Species II is directed make a selection between the 1st or 2nd frequency, time, and phase synchronization and utilizing the 1st frequency, time, and phase synchronization. This is clearly distinct as one simply utilizes the frequency, time, and phase synchronization as received an the other decides not to use the frequency, time, and phase synchronization as received but instead use a different frequency, time, and phase synchronization. In this instance, the Species presents functions at are disclosed only to one species and not the other. Therefore, there is clearly divergent subject matter which would require different search queries and likely different prior art as well. Similar examples can be presented between each Species as originally presented in the Requirement for Restriction/Election mailed 12/03/2025. Therefore, the examiner respectfully maintains the restriction requirement and examines the elected Species I directed to claims 1, 8-10, and 15 as indicated by the applicant’s Response to Election/Restriction Filed 01/29/2026.
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)(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, 8-10, and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pub No.: US-20230021194-A1 (herein “Grayson”).
Claims 1, 8, and 15
Consider claim 8, Grayson teaches A network device (see Grayson Fig. 10, [0112], computing system 1000 making up a shared O-RU operator 303), comprising:
one or more memories (see Grayson Fig. 10, [0114] note Memory 1015); and
one or more processors (see Grayson Fig. 10, [0115] note processor 1010), coupled to the one or more memories, configured to:
receive a first frequency, time, and phase synchronization from a first occupied bandwidth (OBW) portion provided by the network device (see Grayson Fig. 3, [0063]-[0065], [0067]-[0075], [0087] note Tenant Operator #1 requesting Bandwidth Part BWP to operate on a time base plus offset for synchronization);
receive a second frequency, time, and phase synchronization from a second OBW portion provided by the network device (see Grayson Fig. 3, [0063]-[0065], [0067]-[0075], [0087] note Tenant Operator #2 requesting Bandwidth Part BWP to operate on a time base plus offset for synchronization);
utilize the first frequency, time, and phase synchronization when providing first services to the first OBW portion (see Grayson Fig. 3, Fig. 6, Fig. 9, [0063]-[0065], [0067]-[0075], [0087] note Tenant Operator #1 receiving BWP response for operation with the Shared O-RU via the BWP allocation, i.e. the time base plus offset for synchronization); and
utilize the second frequency, time, and phase synchronization when providing second services to the second OBW portion (see Grayson Fig. 3, Fig. 6, Fig. 9, [0063]-[0065], [0067]-[0075], [0087] note Tenant Operator #2 receiving BWP response for operation with the Shared O-RU via the BWP allocation, i.e. the time base plus offset for synchronization).
Claim 9
Consider claim 9, Grayson teaches wherein the first OBW portion is associated with one or more first core networks, a first centralized unit, and a first distributed unit, and the second OBW portion is associated with one or more second core networks, a second centralized unit, and a second distributed unit (see Grayson Fig. 3, [0053], [0059] note each tenant operator, Tenant Operator #1 302 and Tenant Operator #2 304, may be implemented as an O-DU and O-CU).
Claim 10
Consider claim 10, Grayson teaches wherein the network device is a radio unit that provides the first OBW portion and the second OBW portion (see Grayson Fig. 3, Fig. 6, [0075], [0087] note Shared O-RU Operator 303).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS C HAMMONDS whose telephone number is (571)270-3193. The examiner can normally be reached M-F 10:00AM-6:00PM.
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, ALISON T. SLATER can be reached at (571)270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARCUS HAMMONDS/Primary Examiner, Art Unit 2647
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