DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20220183093 A1 herein Sevindik.
Claim 1, Sevindik discloses A method (Title) for wireless communication, comprising:
determining, by a communication device, a characteristic associated with traffic of a Fixed Wireless Access (FWA) device (0159, evaluation of latency requirements for different types of traffic),
wherein the FWA device is configured to connect to one or more user devices that are co-located (0125, backhaul of user devices in a wireless LAN) and the traffic of the FWA device represents an aggregation of traffic of the one or more user devices (0125, FWA typically backhaul a variety of user device, since backhauling various devices, thus aggregation of traffic),
wherein the characteristic indicates at least one of a downlink usage pattern, an uplink usage pattern, or a latency requirement associated with the traffic of the FWA device (0159-0160, evaluation of latency), and
wherein the downlink usage pattern indicates an amount of traffic from a base station to the FWA device and the uplink usage pattern indicates an amount of traffic from the FWA device to the base station (This wherein clause further describes/limits an alternative of the above wherein clause; Since Sevindik discloses latency all the limitations/requirements have been met);
determining, by the communication device, a frequency layer allocated for the traffic of the FWA device (0166, determining which link 4G or 5G), wherein the frequency layer represents a frequency band or a sub-band of the frequency band via which the FWA device communicates (Fig. 7c: f1 and f2 for connection with 4G base station and f3 and f4 for connection with the 5G base station);
selecting, by the communication device, an alternative frequency layer for the traffic of the FWA device based on the characteristic associated with the traffic (Fig. 7c: f3 and f4, allocation of different frequencies for the redirection of data); and
redirecting, by the communication device, the traffic of the FWA device to the alternative frequency layer (0149, redirecting the data to alternative frequencies).
Claim 2, Sevindik discloses The method of claim 1, wherein the determining of the characteristic comprises: receiving, by the communication device, an indication from a user of the FWA device indicating the characteristic associated with the traffic (0160, latency for virtual and augmented reality applications).
Claim 3, Claim 3 further limits an alternative of “amount of traffic from the base station to the FWA device” of claim 1. Since Sevindik discloses determining the characteristic of latency, all of the limitations of claim 3 have been met.
Claim 4, Claim 4 further limits an alternative of “amount of traffic from the base station to the FWA device” of claim 1. Since Sevindik discloses determining the characteristic of latency, all of the limitations of claim 4 have been met.
Claim 5, Sevindik discloses The method of claim 1, wherein the determining of the characteristic comprises: tracking a Quality of Service (QoS) requirement of the traffic of the FWA device for a time duration (0203-0204, times where QoS is analyzed); and characterizing the traffic of the FWA device as latency sensitive upon the QoS requirement exceeding a threshold (0190, traffic load above a threshold, thus switching to split mode).
Claim 6, Sevindik discloses The method of claim 1, wherein the communication device comprises the base station or a network node in a core network of wireless communication (Fig. 7: 702).
Claim 7, Sevindik discloses The method of claim 1, wherein the communication device comprises the FWA device (Fig. 7: 704).
Claim 8, Sevindik discloses The method of claim 1, wherein the alternative frequency layer comprises a first frequency layer configured to prioritize downlink traffic, a second frequency layer configured to prioritize uplink traffic, or a third frequency layer configured with a subcarrier spacing value that shortens a symbol duration (Fig. 7c: UL towards 4G base station).
Claim 9, Sevindik discloses The method of claim 8, wherein the first frequency layer or the second frequency layer comprises a Time Division Duplexing (TDD) layer (0036, TDD in the uplink and downlink) in Frequency Range 1 (FR1) of New Radio (NR) access technology (0005, NR-U under 5GHz; 0031, Frequency Range 1), and wherein the third frequency layer comprises a layer in Frequency Range 2 (FR2) of NR access technology (0005, mmWave bands; 0031, Frequency Range 2).
Claim 10, Sevindik discloses The method of claim 1, further comprising: distinguishing, by the communication device, characteristics associated with the traffic of the one or more user devices (0204, change of use of load of data, from downlink to uplink); and directing, by the communication device, the traffic of the one or more user devices to respective frequency layers based on the characteristics (0204-0206, splitting of data to different cells).
Claim 11, as analyzed with respect to the limitations as discussed in claim 1.
Sevindik discloses a device for telecommunications, comprising a processor (Fig. 8: 845, 850, processor and memory with programs).
Claim 12, as analyzed with respect to the limitations as discussed in claim 2.
Claim 13, as analyzed with respect to the limitations as discussed in claim 3 and 4.
Claim 14, as analyzed with respect to the limitations as discussed in claim 5.
Claim 15, as analyzed with respect to the limitations as discussed in claim 8.
Claim 16, as analyzed with respect to the limitations as discussed in claim 9.
Claim 17, as analyzed with respect to the limitations as discussed in claim 10.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sevindik in view of US 20040057408 A1herein Gray.
Claim 18, Sevindik discloses a method (Title) for wireless communication, comprising:
establishing, by a user device, a network connection via a Fixed Wireless Access (FWA) device (0159, evaluation of different types of traffic, since evaluation thus establishing a network connection; Figs. 6A-6D, 7 show communication with a network thus network connection),
initiating, by the user device, a data transmission to a base station via the FWA device (Figs. 10A, 11A and 11B, FWAe transmits UL data to base stations), wherein the data transmission is associated with a characteristic, the characteristic indicating at least one of a downlink usage pattern (Fig. 10B, split mode operation for uplink and downlink traffic only on certain interfaces), an uplink usage pattern (Fig. 10B, split mode operation for uplink and downlink traffic only on certain interfaces), or a latency requirement associated with the data transmission (Fig. 10B, split mode operation for uplink and downlink traffic only on certain interfaces; 0159, data traffic types and patterns including latency, QoS and traffic throughput);
a redirection of the data transmission to a frequency layer that corresponds to the characteristic of the data transmission (Fig. 7c: f1 and f2 for connection with 4G base station and f3 and f4 for connection with the 5G base station, f3 and f4, allocation of different frequencies for the redirection of data).
Sevindik may not explicitly disclose receiving, by the user device, a prompt indicating an option to purchase a data plan that enable a redirection of the data transmission to a frequency layer; and performing the data transmission using the frequency layer after the data plan is purchased.
Gray discloses receiving, by the user device, a prompt indicating an option to purchase a data plan that enable a redirection of the data transmission to a frequency layer (0034-0036, the network offers the user an option of purchasing bandwidth, the network receives an acceptance message); and performing the data transmission using the frequency layer after the data plan is purchased (0040, the network bills the user account for using this service, i.e. using the purchased bandwidth). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sevindik to include options to purchase bandwidth as taught by Gray so as to provide alternative services and perform tasks (0009).
Claim 19, as analyzed with respect to the limitations as discussed in claim 1.
Claim 20, as analyzed with respect to the limitations as discussed in claim 8.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220217547 A1 – Systems and methods are provided for effectuating self-installation and device management that may be utilized by end user of 5G Fixed Wireless Access (FWA) devices, installation professionals, mobile network operators, etc. to optimally locate and position/orient a 5G FWA device relative to an installation environment, as well as subsequently manage the 5G FWA device. Various guidance can be provided to a user depending on the user's level of experience or familiarity with installation of such devices. Calculations can be executed to determine performance of a 5G FWA device depending on its location/position/orientation relative to elements or structures or obstructions that may impact its ability to effectively connect to/obtain service from a serving cell or network infrastructure. For example, a heat map can be generated to assist with optimal 5G FWA device installation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mehmood B. Khan whose telephone number is (571)272-9277. The examiner can normally be reached M-F 9:30 am-6:30 pm.
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/Mehmood B. Khan/ Primary Examiner, Art Unit 2419