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 .
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.
Election/Restrictions
Applicant’s election of the inventio of Group I claims 1-8 in the reply filed on 22 December 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 9-20 stand as withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 22 December 2025.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2020/0059405 A1) in view of Yang et al. (US 2023/0232450 A1).
Regarding claim 1, Liu discloses a method, comprising:
applying, by network equipment comprising a processor (Fig. 8, Network Node 200, [0071]-[0073]), a frequency selection policy to select a citizens broadband radio service (CBRS) frequency ([0032] disclosing a channel selection considering received signal strength indicator (RSSI); [0058] disclosing “In some aspects the frequency band is a CBRS frequency band. Hence, according to an embodiment the current frequency interval and the new frequency interval are selected to be located within a CBRS frequency band”) for communications between radio access network equipment and a user equipment (Figs 1 and. 2, [0006]-[0007] and [0029]-[0030]), wherein applying the frequency selection policy comprises:
selecting, by the network equipment, based on different performance indicator measurement values of the frequency selection policy, wherein the different performance indicator measurement values are associated with different CBRS frequencies, the CBRS frequency for the communications between the radio access network equipment and user equipment (Fig. 3 S104; [0039] disclosing the network node selects a new channel based on RSSI measurements performed by the network node; [0046] disclosing one or more other frequencies that have lower RSSI measurements which implies the selection by the network node is from the one or more other frequencies that have lower RSSI; [0051] disclosing the channel selection is based on RSSI measurements performed by the network node). Yang is directed towards channel reconfiguration in a communications network where shared spectrum from a primary incumbent is used (Abstract, [0005]-[0007] disclosing detecting incumbents based on measurement reports in order to protect incumbents with Priority Access Licenses and the like).
Yang discloses comparing, by the network equipment, the different performance indicator measurement values associated with different frequencies with a performance indicator threshold ([0056] disclosing the base station can measure the energy level of one or more channels and determine whether the one or more channels is available by comparing the measured energy with an energy detection (ED) threshold value; Fig. 7, 704, [0094] disclosing the base station determines if the energy on the channel is less than the determined energy detection (ED) threshold threshold); and suggests
in response to the frequency satisfying the performance indicator threshold, selecting, by the network equipment, the frequency (Fig. 7, 706, [0095] disclosing the base station can transmit to a UE on the channel when the energy is less than the threshold).
Yang teaches energy detection thresholds based on characteristics of a transmission or channel can be specified and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to apply the thresholds of Yang to the channel selection policy of Liu because this can improve the channel access probability for a UE and a base station ([0063]), in an analogous shared spectrum situation, without prior knowledge on whether there is a primary user within the channel while avoiding interfering with other users ([0056] lines 13-28).
Regarding claim 2, Liu suggests the method of claim 1, wherein the network equipment comprises a service management and orchestration component (Fig. 8, [0071]-[0073], See Liu Id.).
Regarding claim 3, Liu does not disclose the following; however, Yang discloses the method of claim 1, further comprising:
determining, by the network equipment, a traffic type of the communications between the radio access network equipment and the user equipment; and selecting, by the network equipment, the frequency selection policy based on the traffic type ([0063]-[0064] Table 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to apply the thresholds of Yang to the channel selection policy of Liu because this can improve the channel access probability for a UE and a base station ([0063]).
Regarding claim 4, Liu does not disclose the following; however, Yang discloses the method of claim 3, wherein the traffic type is a first traffic type and the frequency selection policy is a first frequency selection policy ([0063]-[0064] Table 1, for example eMBB), and further comprising:
determining, by the network equipment, a second traffic type of the communications between the radio access network equipment and the user equipment ([0063]-[0064] Table 1, for example URLLC);
selecting, by the network equipment, a second frequency selection policy based on the second traffic type ([0056] disclosing the base station can measure the energy one or more channels and determine the one or more channels are available); and
applying, by network equipment, the second frequency selection policy to select a second CBRS frequency for the communications between the radio access network equipment and the user equipment ([0056], [0063]-[0064], Table 1 for URLCC).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to apply the thresholds of Yang to the channel selection policy of Liu because this can improve the channel access probability for a UE and a base station ([0063]).
Regarding claim 5, Liu does not disclose the following; however, Yang discloses the method of claim 4, wherein the first traffic type comprises an enhanced mobile broadband traffic type, and wherein the second traffic type comprises an ultra-reliable low latency communications traffic type ([0063]-[0064] and Table 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to apply the thresholds of Yang to the channel selection policy of Liu because this can improve the channel access probability for a UE and a base station ([0063]).
Regarding claim 6, Liu suggests the method of claim 1, wherein the performance indicator threshold comprises an interference threshold ([0032]-[0033] disclosing RSSI indicates interference sources).
Regarding claim 7, Liu suggests the method of claim 1, wherein the performance indicator threshold comprises an interference received signal strength indicator threshold ([0032]-[0033] disclosing RSSI indicates interference sources).
Regarding claim 8, Liu does not disclose the following; however, Yang suggests the method of claim 1, wherein the performance indicator threshold comprises a first threshold for an average value of a performance indicator, a second threshold for a maximum value of the performance indicator, or a third threshold for a time duration at which the performance indicator is able to remain above a threshold value (Fig. 7, 704, [0095] determination if the ED is less than a threshold discloses a maximum value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to apply the thresholds of Yang to the channel selection policy of Liu because this can improve the channel access probability for a UE and a base station ([0063]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sevindik et al. (US 2020/0213862 A1) discloses selection of CBRS channels based on traffic type.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph A Bednash whose telephone number is (571)270-7500. The examiner can normally be reached 7 AM - 4:30 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached at (571)272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A BEDNASH/Primary Examiner, Art Unit 2461