Prosecution Insights
Last updated: July 17, 2026
Application No. 18/161,585

SLICING POLICY FOR USER EQUIPMENT

Non-Final OA §103
Filed
Jan 30, 2023
Priority
Jan 21, 2021 — continuation of 11/582,653
Examiner
MAPA, MICHAEL Y
Art Unit
2645
Tech Center
2600 — Communications
Assignee
T-Mobile USA Inc.
OA Round
2 (Non-Final)
71%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
525 granted / 739 resolved
+9.0% vs TC avg
Strong +28% interview lift
Without
With
+27.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
779
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
95.8%
+55.8% vs TC avg
§102
1.7%
-38.3% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 739 resolved cases

Office Action

§103
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 . Response to Amendment The applicant has amended the following: Claims: 2-4, 8-11 and 15-18 have been amended. Claims: 1, 5-7, 12-14 and 19-20 have not been amended. Response to Arguments Applicant’s arguments against Farhadi (US Patent Publication 2014/0128073), see pages 7-8, filed 02/05/26, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the previous rejection filed on 11/05/25 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a new combination with newly found prior art reference(s) LEE et al. (US Patent Publication 2010/0151877) and ABRAHAM et al. (US Patent Publication 2017/0325230) as can be seen in the rejection provided below. 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. Claim(s) 1 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over NINGLEKHU et al. (US Patent Publication 2023/0052699 herein after referenced as Ning) in view of LEE et al. (US Patent Publication 2010/0151877 herein after referenced as Lee). Regarding claim 1, Ning discloses: A method of using a wireless network slice, the method comprising: identifying a slice type for a wireless user device; identifying frequency bands available to the wireless user device; (Ning, [0170] discloses the UE (i.e. reads on a wireless user device) may use the OFB information elements to determine (i.e. reads on identifying), based on what services (i.e. reads on a wireless network slice and reads on a slice type) it wants to access (i.e. reads on using), what operating frequency bands (i.e. reads on frequency bands available) to use; Ning, [0088] discloses a network slice is identified by an S-NSSAI, which may comprise a Slice/Service Type SST and a Slice Differentiator SD and the SST refers to the expected Network Slice behavior in terms of features and services; Ning, [0073] discloses Operating Frequency Band OFB or operating band, is a frequency range for data transmission or reception between a UE and a RAN node and herein, “OFB” and “operating band” are used interchangeably; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers). identifying a mobility condition of the wireless user device; (Ning, [0217] discloses a list of TA/RA, where all the slices in the Allowed NSSAI are available in all the cells, may be delivered to the UE based on the UE mobility information (i.e. reads on identifying a mobility condition of the wireless user device) that the network acquires from the UE). selecting one of the frequency bands based on the slice type (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services (i.e. reads on based on a slice type) it wants to access, what operating frequency bands (i.e. reads on one of the frequency bands) to use (i.e. reads on selecting); Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions). requesting the slice type and the selected one of the frequency bands; (Ning, Fig. 22 & [0314]-[0315] discloses the UE sends a PDU Session Establishment Request to the network via RAN and in this request (i.e. reads on requesting), the UE may also include the S-NSSAI (i.e. reads on the slice type) of the requested slice in the RRC message, where UE wants to establish a PDU session and discloses UE may include an indication of its OFB preferences (i.e. reads on the selected one of the frequency bands); Ning, [0088] discloses a network slice is identified by an S-NSSAI, which may comprise a Slice/Service Type SST and a Slice Differentiator SD and the SST refers to the expected Network Slice behavior in terms of features and services; Ning, [0073] discloses Operating Frequency Band OFB or operating band, is a frequency range for data transmission or reception between a UE and a RAN node and herein, “OFB” and “operating band” are used interchangeably). and exchanging user data with the wireless network slice over the selected one of the frequency bands (Ning, [0339]-[0340] discloses the UE may establish PDU sessions in the default slice and if allowed UE may continue one or more PDU sessions in the default slice (i.e. reads on with the wireless network slice) and discloses UE switches to a new OFB (i.e. reads on over the selected one of the frequency bands) and as the UE switches to the new OFB and after a successful handover, the UE continues with PDU sessions (i.e. reads on exchanging user data); Ning, [0254] discloses the NAS Notification may indicate the S-NSSAI or PDU Session ID for which DL data is available and the UE may derive the associated OFB based on previously configured information; Ning, [0332] discloses a UE may have multiple on-going PDU Sessions in multiple network slices in an OFB such as a cell and a UE may be mobile and may want to move to a new OFB and based on the available OFBs that the UE supports, the RAN may assist UE with OFB switching, where UE can continue with existing PDL sessions and if the network cannot support all the slices in an OFB that UE supports, the RAN may inform the UE in a cause code). Ning discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing the mobility condition as a factor and condition in the selection and therefore fails to disclose “selecting one of the frequency bands based on the mobility condition;”. In a related field of endeavor, Lee discloses: selecting one of the frequency bands based on the mobility condition; (Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band (i.e. reads on selecting one of the frequency bands) based on the velocity (i.e. reads on based on the mobility condition); Lee, Fig. 6 & [0103]-[0105] discloses As shown in FIG. 6, in the case of vehicular services A and B, an SR terminal may select low frequency bands 602 and 603 as an optimal channel, respectively, to thereby receive the vehicular services A and B. In the case of a static service, the SR terminal may select a high frequency band 606 as an optimal channel to thereby receive the static service. Also, in the case of nomadic services A and B, the SR terminal may select intermediate frequency bands 604 and 605 as an optimal channel, respectively, to thereby receive the nomadic services A and B and discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel and discloses For example, when a velocity of the SR terminal is fast, the SR terminal may initially change a frequency band to a low frequency band and then receive a service. Through this, it is possible to decrease an effect by a Doppler spectrum and to enhance a performance. Also, when the SR terminal requires large amounts of data in a static environment, the SR terminal may change a frequency band and a bandwidth to a high frequency band and a wide bandwidth, and receive the service using the changed frequency band and bandwidth). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Lee that utilizes a service type and a velocity mobility condition as a factor and condition for the selection of frequency bands (Lee, [0121]) for the purpose of providing the system with a means to improve quality of service and enhance performance by selecting an optimal channel according to the type of service and velocity (Lee, [0103]-[105]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the mobility condition of the device as taught by Lee) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Lee) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 5, Ning in view of Lee discloses: The method of claim 1 (see claim 1). wherein the slice type comprises enhanced Mobile Broadband (eMBB) (Ning, [0109] discloses a specific frequency band can be used to access a specific network slice(s) and for instance, eMBB slice can be supported in 2.6 GHz and 4.9 GHz while URLLC slice can be supported only in 4.9 GHz; Ning, [0380] discloses 3GPP has identified a variety of use cases that NR is expected to support, resulting in a wide variety of user experience requirements for data rate, latency, and mobility and the use cases include the following general categories: enhanced mobile broadband, critical communications, massive machine type communications, etc.). Regarding claim 6, Ning in view of Lee discloses: The method of claim 1 (see claim 1). wherein the slice type comprises Ultra Reliable Low Latency Communications (URLLC) (Ning, [0109] discloses a specific frequency band can be used to access a specific network slice(s) and for instance, eMBB slice can be supported in 2.6 GHz and 4.9 GHz while URLLC slice can be supported only in 4.9 GHz). Regarding claim 7, Ning in view of Lee discloses: The method of claim 1 (see claim 1). wherein the slice type comprises massive Machine Type Communications (mMTC) (Ning, [0380] discloses 3GPP has identified a variety of use cases that NR is expected to support, resulting in a wide variety of user experience requirements for data rate, latency, and mobility and the use cases include the following general categories: enhanced mobile broadband, critical communications, massive machine type communications, etc.). Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over NINGLEKHU et al. (US Patent Publication 2023/0052699 herein after referenced as Ning) in view of LEE et al. (US Patent Publication 2010/0151877 herein after referenced as Lee) and further in view of ABRAHAM et al. (US Patent Publication 2017/0325230 herein after referenced as Abra). Regarding claim 2, Ning in view of Lee discloses: The method of claim 1 further comprising: (see claim 1). (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band based on the velocity; Lee, [0104] discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the velocity mobility condition). Ning in view of Lee discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing interference levels as a factor and condition in the selection and therefore fails to disclose “identifying interference levels for the frequency bands;” and “selecting the one of the frequency bands based on the interference levels.” In a related field of endeavor, Abra discloses: identifying interference levels for the frequency bands; selecting the one of the frequency bands based on the interference levels (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Abra, [0123] discloses For example, referring to FIG. 2A, the apparatus may be the STA 208, and the STA 208 may select a frequency band for communicating over the NDL based on the received frequency band information. The STA 208 may selectin the frequency band by determining whether the STA 208 is capable of communicating on any frequency bands included in the frequency band information. The STA 208 may determine a channel quality or traffic level on the frequency bands on which the STA 208 is capable of communicating and that has been indicated by the STA 202 and select the frequency band that has the least traffic or the best channel quality). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Abra that utilizes a service type and a traffic load and interference level as a factor and condition for the selection of frequency bands (Abra, [0071]) for the purpose of providing the system with a means to improve quality of service by selecting the frequency band that has the least traffic and best channel quality (Abra, [0123]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the amount of traffic load and interference levels as taught by Abra) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Abra) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 3, Ning in view of Lee discloses: The method of claim 1 further comprising: (see claim 1). (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band based on the velocity; Lee, [0104] discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the velocity mobility condition). Ning in view of Lee discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing loading levels as a factor and condition in the selection and therefore fails to disclose “identifying loading levels for the frequency bands;” and “selecting the one of the frequency bands based on the loading levels.” In a related field of endeavor, Abra discloses: identifying loading levels for the frequency bands; selecting the one of the frequency bands based on the loading levels (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Abra, [0123] discloses For example, referring to FIG. 2A, the apparatus may be the STA 208, and the STA 208 may select a frequency band for communicating over the NDL based on the received frequency band information. The STA 208 may selectin the frequency band by determining whether the STA 208 is capable of communicating on any frequency bands included in the frequency band information. The STA 208 may determine a channel quality or traffic level on the frequency bands on which the STA 208 is capable of communicating and that has been indicated by the STA 202 and select the frequency band that has the least traffic or the best channel quality). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Abra that utilizes a service type and a traffic load and interference level as a factor and condition for the selection of frequency bands (Abra, [0071]) for the purpose of providing the system with a means to improve quality of service by selecting the frequency band that has the least traffic and best channel quality (Abra, [0123]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the amount of traffic load and interference levels as taught by Abra) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Abra) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 4, Ning in view of Lee discloses: The method of claim 1 further comprising: (see claim 1). (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band based on the velocity; Lee, [0104] discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the velocity mobility condition). Ning in view of Lee discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing interference levels and loading levels as a factor and condition in the selection and therefore fails to disclose “identifying interference levels and loading levels for the frequency bands;” and “selecting the one of the frequency bands based on the interference levels, and the loading levels.” In a related field of endeavor, Abra discloses: identifying interference levels and loading levels for the frequency bands; selecting the one of the frequency bands based on the interference levels, and the loading levels (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Abra, [0123] discloses For example, referring to FIG. 2A, the apparatus may be the STA 208, and the STA 208 may select a frequency band for communicating over the NDL based on the received frequency band information. The STA 208 may selectin the frequency band by determining whether the STA 208 is capable of communicating on any frequency bands included in the frequency band information. The STA 208 may determine a channel quality or traffic level on the frequency bands on which the STA 208 is capable of communicating and that has been indicated by the STA 202 and select the frequency band that has the least traffic or the best channel quality). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Abra that utilizes a service type and a traffic load and interference level as a factor and condition for the selection of frequency bands (Abra, [0071]) for the purpose of providing the system with a means to improve quality of service by selecting the frequency band that has the least traffic and best channel quality (Abra, [0123]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the amount of traffic load and interference levels as taught by Abra) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Abra) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Claim(s) 8, 10, 12-16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over NINGLEKHU et al. (US Patent Publication 2023/0052699 herein after referenced as Ning) in view of ABRAHAM et al. (US Patent Publication 2017/0325230 herein after referenced as Abra). Regarding claim 8, Ning discloses: A method of operating a wireless user device to use a wireless network slice, the method comprising: identifying, by user circuitry of the wireless user device, a slice type for the wireless user device; identifying, by network circuitry of the wireless user device, frequency bands available to the wireless user device; (Ning, [0170] discloses the UE (i.e. reads on a wireless user device) may use the OFB information elements to determine (i.e. reads on identifying), based on what services (i.e. reads on a wireless network slice and reads on a slice type) it wants to access (i.e. reads on to use), what operating frequency bands (i.e. reads on frequency bands available) to use; Ning, [0088] discloses a network slice is identified by an S-NSSAI, which may comprise a Slice/Service Type SST and a Slice Differentiator SD and the SST refers to the expected Network Slice behavior in terms of features and services; Ning, [0073] discloses Operating Frequency Band OFB or operating band, is a frequency range for data transmission or reception between a UE and a RAN node and herein, “OFB” and “operating band” are used interchangeably; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Ning, [0435] discloses the apparatuses, systems, methods and processes described herein may be embodied in the form of computer executable instructions stored on a computer-readable storage medium which instructions, when executed by a processor, cause the processor to perform and/or implement the systems, methods and processes described herein). selecting, by the user circuitry, one of the frequency bands based on the slice type (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services (i.e. reads on based on a slice type) it wants to access, what operating frequency bands (i.e. reads on one of the frequency bands) to use (i.e. reads on selecting); Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions). requesting, by the user circuitry, the slice type and the selected one of the frequency bands; (Ning, Fig. 22 & [0314]-[0315] discloses the UE sends a PDU Session Establishment Request to the network via RAN and in this request (i.e. reads on requesting), the UE may also include the S-NSSAI (i.e. reads on the slice type) of the requested slice in the RRC message, where UE wants to establish a PDU session and discloses UE may include an indication of its OFB preferences (i.e. reads on the selected one of the frequency bands); Ning, [0088] discloses a network slice is identified by an S-NSSAI, which may comprise a Slice/Service Type SST and a Slice Differentiator SD and the SST refers to the expected Network Slice behavior in terms of features and services; Ning, [0073] discloses Operating Frequency Band OFB or operating band, is a frequency range for data transmission or reception between a UE and a RAN node and herein, “OFB” and “operating band” are used interchangeably). and exchanging, by the network circuitry, user data with the wireless network slice over the selected one of the frequency bands (Ning, [0339]-[0340] discloses the UE may establish PDU sessions in the default slice and if allowed UE may continue one or more PDU sessions in the default slice (i.e. reads on with the wireless network slice) and discloses UE switches to a new OFB (i.e. reads on over the selected one of the frequency bands) and as the UE switches to the new OFB and after a successful handover, the UE continues with PDU sessions (i.e. reads on exchanging user data); Ning, [0254] discloses the NAS Notification may indicate the S-NSSAI or PDU Session ID for which DL data is available and the UE may derive the associated OFB based on previously configured information; Ning, [0332] discloses a UE may have multiple on-going PDU Sessions in multiple network slices in an OFB such as a cell and a UE may be mobile and may want to move to a new OFB and based on the available OFBs that the UE supports, the RAN may assist UE with OFB switching, where UE can continue with existing PDL sessions and if the network cannot support all the slices in an OFB that UE supports, the RAN may inform the UE in a cause code). Ning discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing interference levels as a factor and condition in the selection and therefore fails to disclose “identifying interference levels for the frequency bands;” and “selecting one of the frequency bands based on the interference levels;”. In a related field of endeavor, Abra discloses: identifying interference levels for the frequency bands; selecting one of the frequency bands based on the interference levels; (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands (i.e. reads on for the frequency band) are more congested such as more traffic or greater amount of interference (i.e. reads on identifying interference levels and reads on based on the interference levels), the STA 202 may select frequency bands (i.e. reads on selecting one of the frequency bands), including one or more channels within the frequency bands, with less congestion; Abra, [0123] discloses For example, referring to FIG. 2A, the apparatus may be the STA 208, and the STA 208 may select a frequency band for communicating over the NDL based on the received frequency band information. The STA 208 may selectin the frequency band by determining whether the STA 208 is capable of communicating on any frequency bands included in the frequency band information. The STA 208 may determine a channel quality or traffic level on the frequency bands on which the STA 208 is capable of communicating and that has been indicated by the STA 202 and select the frequency band that has the least traffic or the best channel quality). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Abra that utilizes a service type and a traffic load and interference level as a factor and condition for the selection of frequency bands (Abra, [0071]) for the purpose of providing the system with a means to improve quality of service by selecting the frequency band that has the least traffic and best channel quality (Abra, [0123]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the amount of traffic load and interference levels as taught by Abra) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Abra) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 10, Ning in view of Abra discloses: The method of claim 8 further comprising: (see claim 8). identifying, by the user circuitry, loading levels for the frequency bands; (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion). and wherein: selecting, by the user circuitry, the one of the frequency bands based on the slice type and the interference levels comprises selecting, by the user circuitry, the one of the frequency bands based on the slice type, the interference levels, and the loading levels (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the traffic load and interference levels). Regarding claim 12, Ning in view of Abra discloses: The method of claim 8 (see claim 8). wherein the slice type comprises enhanced Mobile Broadband (eMBB) (Ning, [0109] discloses a specific frequency band can be used to access a specific network slice(s) and for instance, eMBB slice can be supported in 2.6 GHz and 4.9 GHz while URLLC slice can be supported only in 4.9 GHz; Ning, [0380] discloses 3GPP has identified a variety of use cases that NR is expected to support, resulting in a wide variety of user experience requirements for data rate, latency, and mobility and the use cases include the following general categories: enhanced mobile broadband, critical communications, massive machine type communications, etc.). Regarding claim 13, Ning in view of Abra discloses: The method of claim 8 (see claim 8). wherein the slice type comprises Ultra Reliable Low Latency Communications (URLLC) (Ning, [0109] discloses a specific frequency band can be used to access a specific network slice(s) and for instance, eMBB slice can be supported in 2.6 GHz and 4.9 GHz while URLLC slice can be supported only in 4.9 GHz). Regarding claim 14, Ning in view of Abra discloses: The method of claim 8 wherein the slice type comprises massive Machine Type Communications (mMTC) (Ning, [0380] discloses 3GPP has identified a variety of use cases that NR is expected to support, resulting in a wide variety of user experience requirements for data rate, latency, and mobility and the use cases include the following general categories: enhanced mobile broadband, critical communications, massive machine type communications, etc.). Regarding claim 15, Ning discloses: A wireless user device to use a wireless network slice, the wireless user device comprising: user circuitry and network circuitry: the user circuitry configured to identify a slice type for the wireless user device; the network circuitry configured to identify frequency bands available to the wireless user device; the user circuitry further configured to: (Ning, [0170] discloses the UE (i.e. reads on a wireless user device) may use the OFB information elements to determine (i.e. reads on identify), based on what services (i.e. reads on a wireless network slice and reads on a slice type) it wants to access (i.e. reads on to use), what operating frequency bands (i.e. reads on frequency bands available) to use; Ning, [0088] discloses a network slice is identified by an S-NSSAI, which may comprise a Slice/Service Type SST and a Slice Differentiator SD and the SST refers to the expected Network Slice behavior in terms of features and services; Ning, [0073] discloses Operating Frequency Band OFB or operating band, is a frequency range for data transmission or reception between a UE and a RAN node and herein, “OFB” and “operating band” are used interchangeably; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Ning, [0435] discloses the apparatuses, systems, methods and processes described herein may be embodied in the form of computer executable instructions stored on a computer-readable storage medium which instructions, when executed by a processor, cause the processor to perform and/or implement the systems, methods and processes described herein). select one of the frequency bands based on the slice type (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services (i.e. reads on based on a slice type) it wants to access, what operating frequency bands (i.e. reads on one of the frequency bands) to use (i.e. reads on select); Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions). and request the slice type and the selected one of the frequency bands; (Ning, Fig. 22 & [0314]-[0315] discloses the UE sends a PDU Session Establishment Request to the network via RAN and in this request (i.e. reads on request), the UE may also include the S-NSSAI (i.e. reads on the slice type) of the requested slice in the RRC message, where UE wants to establish a PDU session and discloses UE may include an indication of its OFB preferences (i.e. reads on the selected one of the frequency bands); Ning, [0088] discloses a network slice is identified by an S-NSSAI, which may comprise a Slice/Service Type SST and a Slice Differentiator SD and the SST refers to the expected Network Slice behavior in terms of features and services; Ning, [0073] discloses Operating Frequency Band OFB or operating band, is a frequency range for data transmission or reception between a UE and a RAN node and herein, “OFB” and “operating band” are used interchangeably). and the network circuitry further configured to exchange user data with the wireless network slice over the selected one of the frequency bands (Ning, [0339]-[0340] discloses the UE may establish PDU sessions in the default slice and if allowed UE may continue one or more PDU sessions in the default slice (i.e. reads on with the wireless network slice) and discloses UE switches to a new OFB (i.e. reads on over the selected one of the frequency bands) and as the UE switches to the new OFB and after a successful handover, the UE continues with PDU sessions (i.e. reads on exchange user data); Ning, [0254] discloses the NAS Notification may indicate the S-NSSAI or PDU Session ID for which DL data is available and the UE may derive the associated OFB based on previously configured information; Ning, [0332] discloses a UE may have multiple on-going PDU Sessions in multiple network slices in an OFB such as a cell and a UE may be mobile and may want to move to a new OFB and based on the available OFBs that the UE supports, the RAN may assist UE with OFB switching, where UE can continue with existing PDL sessions and if the network cannot support all the slices in an OFB that UE supports, the RAN may inform the UE in a cause code). Ning discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing interference levels and loading levels as a factor and condition in the selection and therefore fails to disclose “identify loading levels for the frequency bands” and “select one of the frequency bands based on the loading levels;”. In a related field of endeavor, Abra discloses: identify loading levels for the frequency bands; select one of the frequency bands based on the loading levels; (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands (i.e. reads on for the frequency bands) are more congested such as more traffic (i.e. reads on identify loading levels and reads on based on the loading levels) or greater amount of interference, the STA 202 may select frequency bands (i.e. reads on select one of the frequency bands), including one or more channels within the frequency bands, with less congestion; Abra, [0123] discloses For example, referring to FIG. 2A, the apparatus may be the STA 208, and the STA 208 may select a frequency band for communicating over the NDL based on the received frequency band information. The STA 208 may selectin the frequency band by determining whether the STA 208 is capable of communicating on any frequency bands included in the frequency band information. The STA 208 may determine a channel quality or traffic level on the frequency bands on which the STA 208 is capable of communicating and that has been indicated by the STA 202 and select the frequency band that has the least traffic or the best channel quality). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Abra that utilizes a service type and a traffic load and interference level as a factor and condition for the selection of frequency bands (Abra, [0071]) for the purpose of providing the system with a means to improve quality of service by selecting the frequency band that has the least traffic and best channel quality (Abra, [0123]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the amount of traffic load and interference levels as taught by Abra) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Abra) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 16, Ning in view of Abra discloses: The wireless user device of claim 15 wherein: (see claim 15). the user circuitry is further configured to identify interference levels for the frequency bands; (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion). and the user circuitry is configured to select the one of the frequency bands based on the slice type, the loading levels, and the interference levels to select the one of the frequency bands based on the slice type and the loading levels (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the traffic load and interference levels). Regarding claim 19, Ning in view of Abra discloses: The wireless user device of claim 15 (see claim 15). wherein the slice type comprises enhanced Mobile Broadband (eMBB) (Ning, [0109] discloses a specific frequency band can be used to access a specific network slice(s) and for instance, eMBB slice can be supported in 2.6 GHz and 4.9 GHz while URLLC slice can be supported only in 4.9 GHz; Ning, [0380] discloses 3GPP has identified a variety of use cases that NR is expected to support, resulting in a wide variety of user experience requirements for data rate, latency, and mobility and the use cases include the following general categories: enhanced mobile broadband, critical communications, massive machine type communications, etc.). Regarding claim 20, Ning in view of Abra discloses: The wireless user device of claim 15 (see claim 15). wherein the slice type comprises one of Ultra Reliable Low Latency Communications (URLLC) and massive Machine Type Communications (mMTC) (Ning, [0109] discloses a specific frequency band can be used to access a specific network slice(s) and for instance, eMBB slice can be supported in 2.6 GHz and 4.9 GHz while URLLC slice can be supported only in 4.9 GHz; Ning, [0380] discloses 3GPP has identified a variety of use cases that NR is expected to support, resulting in a wide variety of user experience requirements for data rate, latency, and mobility and the use cases include the following general categories: enhanced mobile broadband, critical communications, massive machine type communications, etc.). Claim(s) 9, 11 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over NINGLEKHU et al. (US Patent Publication 2023/0052699 herein after referenced as Ning) in view of ABRAHAM et al. (US Patent Publication 2017/0325230 herein after referenced as Abra) and further in view of LEE et al. (US Patent Publication 2010/0151877 herein after referenced as Lee). Regarding claim 9, Ning in view of Abra discloses: The method of claim 8 further comprising: (see claim 8). identifying, by the user circuitry, a mobility condition of the wireless user device; (Ning, [0217] discloses a list of TA/RA, where all the slices in the Allowed NSSAI are available in all the cells, may be delivered to the UE based on the UE mobility information that the network acquires from the UE). and wherein: selecting, by the user circuitry, the one of the frequency bands based on the slice type and the interference levels comprises selecting, the user circuitry, the one of the frequency bands based on the slice type, the interference levels, (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the traffic load and interference levels). Ning in view of Abra discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing the mobility condition as a factor and condition in the selection and therefore fails to disclose “selecting the one of the frequency bands based on the mobility condition.” In a related field of endeavor, Lee discloses: selecting the one of the frequency bands based on the mobility condition (Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band based on the velocity; Lee, Fig. 6 & [0103]-[0105] discloses As shown in FIG. 6, in the case of vehicular services A and B, an SR terminal may select low frequency bands 602 and 603 as an optimal channel, respectively, to thereby receive the vehicular services A and B. In the case of a static service, the SR terminal may select a high frequency band 606 as an optimal channel to thereby receive the static service. Also, in the case of nomadic services A and B, the SR terminal may select intermediate frequency bands 604 and 605 as an optimal channel, respectively, to thereby receive the nomadic services A and B and discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel and discloses For example, when a velocity of the SR terminal is fast, the SR terminal may initially change a frequency band to a low frequency band and then receive a service. Through this, it is possible to decrease an effect by a Doppler spectrum and to enhance a performance. Also, when the SR terminal requires large amounts of data in a static environment, the SR terminal may change a frequency band and a bandwidth to a high frequency band and a wide bandwidth, and receive the service using the changed frequency band and bandwidth). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning in view of Abra that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Lee that utilizes a service type and a velocity mobility condition as a factor and condition for the selection of frequency bands (Lee, [0121]) for the purpose of providing the system with a means to improve quality of service and enhance performance by selecting an optimal channel according to the type of service and velocity (Lee, [0103]-[105]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the mobility condition of the device as taught by Lee) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Lee) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 11, Ning in view of Abra discloses: The method of claim 8 further comprising: (see claim 8). identifying, by the user circuitry, a mobility condition for the wireless user device (Ning, [0217] discloses a list of TA/RA, where all the slices in the Allowed NSSAI are available in all the cells, may be delivered to the UE based on the UE mobility information that the network acquires from the UE). and identifying loading levels for the frequency bands; (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion). and wherein: selecting, by the user circuitry, the one of the frequency bands based on the slice type and the interference levels comprises selecting, by the user circuitry, the one of the frequency bands based on the slice type, the interference levels, (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the traffic load and interference levels). Ning in view of Abra discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing the mobility condition as a factor and condition in the selection and therefore fails to disclose “selecting the one of the frequency bands based on the mobility condition.” In a related field of endeavor, Lee discloses: selecting the one of the frequency bands based on the mobility condition (Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band based on the velocity; Lee, Fig. 6 & [0103]-[0105] discloses As shown in FIG. 6, in the case of vehicular services A and B, an SR terminal may select low frequency bands 602 and 603 as an optimal channel, respectively, to thereby receive the vehicular services A and B. In the case of a static service, the SR terminal may select a high frequency band 606 as an optimal channel to thereby receive the static service. Also, in the case of nomadic services A and B, the SR terminal may select intermediate frequency bands 604 and 605 as an optimal channel, respectively, to thereby receive the nomadic services A and B and discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel and discloses For example, when a velocity of the SR terminal is fast, the SR terminal may initially change a frequency band to a low frequency band and then receive a service. Through this, it is possible to decrease an effect by a Doppler spectrum and to enhance a performance. Also, when the SR terminal requires large amounts of data in a static environment, the SR terminal may change a frequency band and a bandwidth to a high frequency band and a wide bandwidth, and receive the service using the changed frequency band and bandwidth). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning in view of Abra that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Lee that utilizes a service type and a velocity mobility condition as a factor and condition for the selection of frequency bands (Lee, [0121]) for the purpose of providing the system with a means to improve quality of service and enhance performance by selecting an optimal channel according to the type of service and velocity (Lee, [0103]-[105]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the mobility condition of the device as taught by Lee) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Lee) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 17, Ning in view of Abra discloses: The wireless user device of claim 15 wherein: (see claim 15). the user circuitry is further configured to identify a mobility condition for the wireless user device; (Ning, [0217] discloses a list of TA/RA, where all the slices in the Allowed NSSAI are available in all the cells, may be delivered to the UE based on the UE mobility information that the network acquires from the UE). and the user circuitry is configured to select the one of the frequency bands based on the slice type, the loading levels, (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the traffic load and interference levels). Ning in view of Abra discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing the mobility condition as a factor and condition in the selection and therefore fails to disclose “select the one of the frequency bands based on the mobility condition.” In a related field of endeavor, Lee discloses: select the one of the frequency bands based on the mobility condition (Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band based on the velocity; Lee, Fig. 6 & [0103]-[0105] discloses As shown in FIG. 6, in the case of vehicular services A and B, an SR terminal may select low frequency bands 602 and 603 as an optimal channel, respectively, to thereby receive the vehicular services A and B. In the case of a static service, the SR terminal may select a high frequency band 606 as an optimal channel to thereby receive the static service. Also, in the case of nomadic services A and B, the SR terminal may select intermediate frequency bands 604 and 605 as an optimal channel, respectively, to thereby receive the nomadic services A and B and discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel and discloses For example, when a velocity of the SR terminal is fast, the SR terminal may initially change a frequency band to a low frequency band and then receive a service. Through this, it is possible to decrease an effect by a Doppler spectrum and to enhance a performance. Also, when the SR terminal requires large amounts of data in a static environment, the SR terminal may change a frequency band and a bandwidth to a high frequency band and a wide bandwidth, and receive the service using the changed frequency band and bandwidth). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning in view of Abra that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Lee that utilizes a service type and a velocity mobility condition as a factor and condition for the selection of frequency bands (Lee, [0121]) for the purpose of providing the system with a means to improve quality of service and enhance performance by selecting an optimal channel according to the type of service and velocity (Lee, [0103]-[105]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the mobility condition of the device as taught by Lee) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Lee) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 18, Ning in view of Abra discloses: The wireless user device of claim 15 wherein: (see claim 15). the user circuitry is further configured to identify interference levels for the frequency bands (Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion). and a mobility condition for the wireless user device; (Ning, [0217] discloses a list of TA/RA, where all the slices in the Allowed NSSAI are available in all the cells, may be delivered to the UE based on the UE mobility information that the network acquires from the UE). and the user circuitry is configured to select the one of the frequency bands based on the slice type, the loading levels, (Ning, [0170] discloses the UE may use the OFB information elements to determine, based on what services it wants to access, what operating frequency bands to use; Ning, [0108] discloses Each network slice may support or operate in the different radio frequency range based on the type of service it offers; Abra, [0071] discloses n some aspects, the STA 202 may determine the frequency band information based on a capability of the STA 202, a type of service, and network conditions. The STA 202 may identify frequency bands on which the STA 202 may communicate and select one or more of the frequency bands for communication. The STA 202 may determine the type of service being offered. For services that may require higher throughput, such as a video streaming services, the STA 202 may choose higher frequency bands available for the service such as the 60 GHz band. Also, the STA 202 may detect network conditions at one or more channels within the various frequency bands. If certain frequency bands are more congested such as more traffic or greater amount of interference, the STA 202 may select frequency bands, including one or more channels within the frequency bands, with less congestion; Ning, [0233] discloses a UE may receive Allowed NSSAI and OFBs for each S-NSSAIs and URSP rules may be enhanced to steer the UE towards a proper S-NSSAI Frequency Band combination; Ning, [0133] discloses network slices may be operated in different frequency bands and these frequency bands may be assigned to slice types based on factors such as QoS, NFs and/or geographic regions. Therefore, one of ordinary skill in the art would recognize based on the combination of the cited teachings together as a whole that the different factors and conditions assigned to the selection of the frequency bands includes the type of slice or service as well as the traffic load and interference levels). Ning in view of Abra discloses selecting a frequency band based on a type of service as well as a number of factors and conditions but fails to explicitly recite utilizing the mobility condition as a factor and condition in the selection and therefore fails to disclose “select the one of the frequency bands based on the mobility condition.” In a related field of endeavor, Lee discloses: select the one of the frequency bands based on the mobility condition (Lee, Fig. 11 & [0121] discloses the channel allocation unit 920 may allocate a frequency band 1135 of a static service to a terminal of the terminal group 1110, allocate a frequency band 1125 of a nomadic service A to a terminal of the terminal group 1120, and allocate a frequency band 1115 of a vehicular service A to a terminal of the terminal group 1130. As described above, the channel allocation unit 920 may change the allocated optimal channel by changing the frequency band based on the velocity; Lee, Fig. 6 & [0103]-[0105] discloses As shown in FIG. 6, in the case of vehicular services A and B, an SR terminal may select low frequency bands 602 and 603 as an optimal channel, respectively, to thereby receive the vehicular services A and B. In the case of a static service, the SR terminal may select a high frequency band 606 as an optimal channel to thereby receive the static service. Also, in the case of nomadic services A and B, the SR terminal may select intermediate frequency bands 604 and 605 as an optimal channel, respectively, to thereby receive the nomadic services A and B and discloses Specifically, the SR terminal may perform a communication while changing a frequency band according to a service type or a user request, based on the spectrum pool. More specifically, the SR terminal may change an optimal channel according to the service type or the user request based on the spectrum pool, and provide a service via the changed optimal channel and discloses For example, when a velocity of the SR terminal is fast, the SR terminal may initially change a frequency band to a low frequency band and then receive a service. Through this, it is possible to decrease an effect by a Doppler spectrum and to enhance a performance. Also, when the SR terminal requires large amounts of data in a static environment, the SR terminal may change a frequency band and a bandwidth to a high frequency band and a wide bandwidth, and receive the service using the changed frequency band and bandwidth). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Ning in view of Abra that utilizes a service type and different factors and conditions for the selection of frequency bands (Ning, [0133] & [0233]) to incorporate the teachings of Lee that utilizes a service type and a velocity mobility condition as a factor and condition for the selection of frequency bands (Lee, [0121]) for the purpose of providing the system with a means to improve quality of service and enhance performance by selecting an optimal channel according to the type of service and velocity (Lee, [0103]-[105]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions as taught by Ning) with another known element and comparable device utilizing a known technique (i.e. performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions, wherein the factors and conditions includes the mobility condition of the device as taught by Lee) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of selecting a frequency band based on a type of service as well as a number of factors and conditions (i.e. as taught by both Ning & Lee) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y MAPA whose telephone number is (571)270-5540. The examiner can normally be reached Monday thru Thursday: 10 AM - 8 PM EST. 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, Anthony Addy can be reached at (571) 272 - 7795. 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. /MICHAEL Y MAPA/Primary Examiner, Art Unit 2645
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Prosecution Timeline

Jan 30, 2023
Application Filed
Nov 05, 2025
Non-Final Rejection mailed — §103
Feb 05, 2026
Response Filed
May 28, 2026
Non-Final Rejection mailed — §103 (current)

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