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 .
Claims 1-3, 5-11, 13-19, 21-23 are pending.
Amendments of 02/02/2026 are entered.
Response to arguments
Remarks of 02/02/2026 is/are fully considered but they are not persuasive.
Applicant contests that reference of record Chen does not disclose “wherein the at least one action includes automatically modifying a backhaul communications link for the radio-based network to modify the bandwidth provisioned for the radio-based network”. Applicant reasons that Chen merely discloses the controller can control the eNodeB of the EPS context mode of the UE and eNodeB carrier to change the bandwidth of the current service of the UE, and not even mentioning a backhaul.
The examiner respectfully disagrees.
There is no requirement for Chen to explicitly mention a backhaul link being actively modified. The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983). The examiner asserts the changes of EPS context that updates the bandwidth for users in reference Chen intrinsically affects the backhaul links as the user data traverses to/from the core network via said backhaul links.
A link, such as radio link or backhaul link, can be modified in various level and manner, i.e. not only physical, but also logical, and policy related manners. Therefore, modifying how the link that govern the traffic going through the link is functionally equivalent to modifying the link itself.
Indeed, Chen discloses the core network node to modify the EPS context for UE and eNB. The implication of changing EPS context affects (i.e. updates) the QCI, ARP, and Encapsulation protocol as the new user data traffics under new context/bandwidth conditions traverse the backhauls. The network must modify user plane transport rules for the backhaul links associated with the core network and access network to support the new bandwidth change. One example is EPS modification will necessitate changes in encapsulation protocol , i.e. changing of GTP tunnel parameters of backhaul links.
In short, modification of backhaul does not necessarily means changing of physical parameters. Such modification can amount to simply changes of transport settings for user data in view of EPS context updates.
The language “modifying a backhaul communications link” is overly vague in terms of the exact nature of both the act of modification as well as the link itself, i.e. the claims are silent on what specific modifications to be done onto the link. As such there is lack of standard to make a case for distinction against reference of record. Applicant’s argument appears to impose a much more narrower demands on reference of record more than the claim language permit because the claim language itself does not elaborate how exactly the modification is performed.
Importantly, the examiner has reviewed the Specification for guidance on claim interpretation regarding such modification of backhaul link. The Specification is surprisingly quite mute regarding any explicit disclosure on how to modify a backhaul link, nor does it discuss even an algorithm for such modification specifically to the backhaul link. The term “backhaul” is briefly mentioned in ¶0030, 0083, 0089, 0094. None of these passages specifically discloses sufficiently how the modification is done to backhaul link. At best, ¶0094 states “The radio unit configuration data may correspond to configuration settings for radio units deployed in radio-based networks103. Such settings may include frequencies to be used, protocols to be used, modulation parameters, bandwidth, network routing and/or backhaul configuration, and so on”. However this description is regarding setting up radio units, rather than modifications of any existing bandwidth needs, and amounts to no specific instructions or algorithm on how backhaul links are to be updated.
MPEP 2163 explicitly states that the issue of a lack of adequate written description arises, even for an original claim, when an aspect of the claimed invention has not been described with sufficient particularity such that one skilled in the art would recognize that the applicant had possession of the claimed invention. The section further states: “A lack of adequate written description issue also arises if the knowledge and level of skill in the art would not permit one skilled in the art to immediately envisage the product claimed from the disclosed process. ”Since both the claims and the Specification have no firm grasp on the limitation of modifying the backhaul link, the examiner asserts that Applicant has taken a much narrower approach to the limitation ““wherein the at least one action includes automatically modifying a backhaul communications link for the radio-based network to modify the bandwidth provisioned for the radio-based network”” than permissible by both the claims and the Specification.
Regarding claim 17, Applicant further argues:
While Chen mentions that the "UE uses new bandwidth," ([0094]), it appears that this "new bandwidth" is provided through "available bandwidth of service eNodeB." ([0165]). Chen does not indicate that providing the "new bandwidth" involves "updating an allocation of frequency spectrum for the radio-based network," as recited in amended claim 17. In fact, Chen does not appear to discuss any modifications to frequency spectrum allocations at all.
The examiner respectfully disagrees. Since the network effectively borrow new bandwidth from the target wireless AP to service the UE, the total allocation of bandwidth of the radio network has increase in view of the loan (i.e. the UE can use new spectrum bands of the target wireless AP that the serving eNodeB otherwise could not provide). Therefore, the total spectrum of the radio network has been modified by borrowing resources from another node for the UE to use. See also ¶0183, “the UE receiving the service data flow sent by target wireless AP and eNodeB to increase the resource of empty port side, so as to obtain the new bandwidth to realize the change of the present service bandwidth”. There is nothing in the claim that suggests an exclusive/special interpretation other than changes of spectrum allocation to service users. Ironically, the new claim 23 recites exactly what Applicant refutes: the system communicate with an external system to make reservation system for borrowing spectrum to accommodate requirement. As Applicant correctly pointed out in Chen, the LTE system communicates with the WiFi access point to borrow its spectrum so as to increase the overall bandwidth.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 9-11, 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Chen et al. (CN 103987091).
As to claim 1:
Chen discloses:
A system, comprising:
a radio-based network operated by a provider for a customer under a utility computing model (See at least ¶000083-85, 0285, 0198 Abstract an RFE network by a provider for providing service to UEs (customers) with a service model of dynamically changing QoS parameters to better serve the UEs) ; and
at least one computing device configured to at least:
determine a modification for the radio-based network, the modification being to at least one of: a list of permitted devices allowed to use the radio-based network, a number of cells in the radio-based network, a latency criterion for the radio-based network, or a bandwidth for the radio-based network; (See at least 0089-0095, upon receiving bandwidth change need, determine modification of bandwidth for use by the UEs)
and
implement at least one action to modify the radio-based network. (¶0104-0105, 0160-0165, 0197, implement at least one action from various options, i.e. increase bandwidth, provide new bandwidth ), wherein the at least one action includes automatically modifying a backhaul communications link for the radio-based network to modify the bandwidth provisioned for the radio-based network (¶0095, according to the bandwidth change request, sending the request to the core network equipment, such that the core network device provides a new bandwidth. and the controller via the control network device modifies evolved packet system (Evolved Packet System, EPS) context between the UE and the access network device carrier mode to realize the acceleration of the current service used by the UE. ¶0105, modify EPS context mode of carrier, the controller can control the eNodeB of the EPS context mode of the UE and eNodeB carrier to change the bandwidth of the current service of the UE. The EPS context mode change effective changes QoS rules, priority, and rules pertaining max data flow allowed in both radio links and backhauls link )
As to claim 9:
Chen discloses:
A computer-implemented method, comprising:
receiving a request from a customer to modify a radio-based network operated for the customer by a provider; (See at least ¶198, 0219, 0089-0095, upon receiving bandwidth change request from a UE (customer) via an interface, determine modification of bandwidth for use by the UEs. Management function read , for example control unit 54 which manages at least user services and network parameters of network, such as bandwidth)
determining a modification for the radio-based network from the request, the modification being to at least one of: a list of permitted devices allowed to use the radio-based network, a number of cells in the radio-based network, a latency criterion for the radio-based network, or a bandwidth for the radio-based network; and (See at least 0089-0095, upon receiving bandwidth change need, determine modification of bandwidth for use by the UEs)
implementing at least one action to modify the radio-based network. . (¶0104-0105, 0160-0165, 0197, implement at least one action from various options, i.e. increase bandwidth, provide new bandwidth ) (¶0095, according to the bandwidth change request, sending the request to the core network equipment, such that the core network device provides a new bandwidth. and the controller via the control network device modifies evolved packet system (Evolved Packet System, EPS) context between the UE and the access network device carrier mode to realize the acceleration of the current service used by the UE. ¶0105, modify EPS context mode of carrier, the controller can control the eNodeB of the EPS context mode of the UE and eNodeB carrier to change the bandwidth of the current service of the UE. The EPS context mode change effective changes QoS rules, priority, and rules pertaining max data flow allowed in both radio links and backhauls link )
As to claim 3:
Chen discloses all limitations of claim 1, wherein a request for the modification is received from the customer via a management user interface that facilitates a management function of the radio-based network by the customer, the management function comprising at least one of: configuring the list of permitted devices, adding a cell to the radio-based network, modifying the bandwidth of the radio-based network, or modifying the latency criterion of the radio-based network. (See at least ¶198, 0219, 0089-0095, upon receiving bandwidth change request from a UE (customer) via an interface, determine modification of bandwidth for use by the UEs. Management function read , for example control unit 54 which manages at least user services and network parameters of network, such as bandwidth)
As to claim 10:
Chen discloses all limitations of claim 9, wherein receiving the request further comprises receiving the request via an application programming interface (API) of the provider. (¶0089, API for receiving requests from UE)
As to claim 11:
Chen discloses all limitations of claim 9, wherein receiving the request further comprises receiving the request via a management user interface that facilitates a management function of the radio-based network by the customer, the management function comprising at least one of: configuring the list of permitted devices, adding a cell to the radio- based network, modifying the bandwidth of the radio-based network, or modifying the latency criterion of the radio-based network. (See at least ¶198, 0219, 0089-0095, upon receiving bandwidth change request from a UE (customer) via an interface, determine modification of bandwidth for use by the UEs. Management function read , for example control unit 54 which manages at least user services and network parameters of network, such as bandwidth)
As to claim 21:
Chen discloses all limitations of claim 1, wherein the at least one action further comprises updating an allocation of frequency spectrum for the radio-based network. (See Chen, at least ¶0094, ¶0165, See also entirety of method steps 301-331 discussed in the Chen, wherein receiving from core network new bandwidth for use, wherein the network in communication with an access point borrows spectrum belong to another access points to allocate for use with the UE)
As to claim 22:
Chen discloses all limitations of claim 9, wherein the at least one action further comprises updating an allocation of frequency spectrum for the radio-based network. (See Chen, at least ¶0094, ¶0165, See also entirety of method steps 301-331 discussed in the Chen, wherein receiving from core network new bandwidth for use, wherein the network in communication with an access point borrows spectrum belong to another access points to allocate for use with the UE)
As to claim 23:
Chen discloses all limitations of claim 22, wherein updating the allocation of frequency spectrum for the radio-based network further comprises communicating with an external system that implements a reservation system for frequency spectrum to update the allocation of frequency spectrum and determine available frequencies. (See Chen, entirety of method steps 301-338 discussed in the Chen, started from ¶0138 through 0192, wherein receiving from core network new bandwidth for use, wherein the network negotiate with a WiFi access point borrows spectrum usage so as to increase bandwidth for the radio network’s user. In other words, the frequency spectrum for the radio-based network is modified by borrowing infrastructure and radio resources of an external system to accommodate its own data transport need)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2, 17, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 103987091) in view of Froehlich et al. (US 2022/0159347).
As to claim 2:
Chen discloses all limitations of claim 1, however is silent on the at least one computing device is further configured to at least automatically determine the modification based at least in part on a machine learning model and a performance metric of the radio-based network.
Froehlich, in the same field of network reconfiguration, discloses in at least ¶058, 0026, using a machine learning model to output a modification configuration for the network for optimization of performance, wherein optimization of network is based at least in part network statistics collected per ¶031.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that Chen’s network modification scheme to based on machine learning model and statistics of network to advantageously make an informed choice with updated picture of the network condition for performance optimization (Froehlich, ¶058). Furthermore, the use of machine learning has been prevalence in various fields for highly efficient and automated process for high computation tasks such as network management in Chen.
As to claim 17:
Chen discloses :
A computer-implemented method, comprising:
determining a modification for a radio-based network, the radio-based network being operated for a customer by a provider, the modification being to at least one of: a number of cells in the radio-based network, a latency criterion for the radio-based network, or a bandwidth for the radio-based network; ¶0095, according to the bandwidth change request, sending the request to the core network equipment, such that the core network device provides a new bandwidth. and the controller via the control network device modifies evolved packet system (Evolved Packet System, EPS) context between the UE and the access network device carrier mode to realize the acceleration of the current service used by the UE. ¶0105, modify EPS context mode of carrier, the controller can control the eNodeB of the EPS context mode of the UE and eNodeB carrier to change the bandwidth of the current service of the UE) and implementing at least one action to modify the radio-based network. (¶0104-0105, 0160-0165, 0197, implement at least one action from various options, i.e. increase bandwidth, provide new bandwidth )
wherein the at least one action further comprises updating an allocation of frequency spectrum for the radio-based network. (See Chen, at least ¶0094, ¶0165, See also entirety of method steps 301-331 discussed in the Chen, wherein receiving from core network new bandwidth for use, wherein the network in communication with an access point borrows spectrum belong to another access points to allocate for use with the UE)
Chen however is silent on the at least one computing device is further configured to at least automatically determine the modification based at least in part on a machine learning model and a performance metric of the radio-based network.
Froehlich, in the same field of network reconfiguration, discloses in at least ¶058, 0026, using a machine learning model to output a modification configuration for the network for optimization of performance, wherein optimization of network is based at least in part network statistics collected per ¶031.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that Chen’s network modification scheme to, based on machine learning model and statistics of network, advantageously make an informed choice with updated picture of the network condition for performance optimization (Froehlich, ¶058). Furthermore, the use of machine learning has been prevalence for highly efficient and automated process for high computation tasks such as network management in Chen.
As to claim 18:
Chen in view of Froehlich discloses all limitations of claim 17, wherein the at least one action includes automatically modifying a backhaul communications link for the radio-based network to modify the bandwidth provisioned for the radio-based network. (Chen, ¶0095, according to the bandwidth change request, sending the request to the core network equipment, such that the core network device provides a new bandwidth. and the controller via the control network device modifies evolved packet system (Evolved Packet System, EPS) context between the UE and the access network device carrier mode to realize the acceleration of the current service used by the UE. ¶0105, modify EPS context mode of carrier, the controller can control the eNodeB of the EPS context mode of the UE and eNodeB carrier to change the bandwidth of the current service of the UE)
Claim(s) 5, 6, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 103987091) in view of Kim (KR 102063819)
As to claims 5, 13:
Chen discloses all limitations of claim 1/9, however is silent on the at least one action includes launching at least one virtual machine instance or at least one container in a cloud provider network to perform at least one network function for the radio-based network.
Kim, in a related field of network connectivity management, discloses a system/method for network modification to manage network access including launching at least one virtual machine instance or at least one container in a cloud provider network to perform at least one network function for the radio-based network (See at least page 8, “The device 10 accesses the Wi-Fi network through the open SSID for the guest, and at this time, the physical AP 22 creates a virtual access point VAP1 for the open network”, launching a virtual software based access point to manage access and bandwidth at the site of the client device).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Chen to manage network access including launching at least one virtual machine instance or at least one container in a cloud provider network to perform at least one network function for the radio-based network as disclosed in Kim. This implementation allows for secured access for guest clients while protecting bandwidth use of the entire system through controlling of bandwidth (See page 8 of Kim).
As to claims 6, 14:
Chen discloses all limitations of claim 1/11, but is silent on the at least one action includes launching at least one virtual machine instance or at least one container in a particular computing device located at a site of the customer, the at least one virtual machine instance or the at least one container being configured to perform at least one network function for the radio-based network.
Kim, in a related field of network connectivity management, discloses a system/method for network modification to manage network access including launching at least one virtual machine instance or at least one container in a particular computing device located at a site of the customer, the at least one virtual machine instance or the at least one container being configured to perform at least one network function for the radio-based network (See at least page 8, “The device 10 accesses the Wi-Fi network through the open SSID for the guest, and at this time, the physical AP 22 creates a virtual access point VAP1 for the open network”, launching a virtual software based access point to provide access coverage to the guest client device and manages access and bandwidth at the site of the client device).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Chen to manage network access including launching at least one virtual machine instance or at least one container in a cloud provider network to perform at least one network function for the radio-based network as disclosed in Kim. This implementation allows for secured access for guest clients while protecting bandwidth use of the entire system through controlling of bandwidth (See page 8 of Kim).
Claim(s) 7, 8, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 103987091) in view of Sarkissian (US 2017/0311177).
As to claims 7, 15:
Chen discloses all limitations of claim 1/9, however is silent on the at least one action includes preconfiguring at least one of an antenna or a radio unit to implement an additional cell for the radio-based network.
Sarkissian, however in a network adaptation field of endeavor, discloses a system/network to modify its capacity by preconfiguring at least one of an antenna or a radio unit to implement an additional cell for the radio-based network. (See at least ¶0066-0071, at least an antenna can be preconfigured to be dynamically create additional cell (sector) as needed for interference management)
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the network bandwidth modification method in Chen to incorporate Sarkissian’s new cell addition. This implementation allows for automatic network adaptation to crease capacity, thus preemptively reduces the need for UEs to request for more capacities (See at least ¶0071 of Sarkissian).
As to claim 8, 16:
Chen discloses all limitations of claim 1/9, however is silent on the at least one action includes reconfiguring at least one of an existing antenna or an existing radio unit of an existing cell in the radio-based network to support an additional cell for the radio-based network.
Sarkissian, however in a network adaptation field of endeavor, discloses a system/network to modify its capacity by reconfiguring at least one of an existing antenna or an existing radio unit of an existing cell in the radio-based network to support an additional cell for the radio-based network. (See at least ¶0066-0071, at least an antenna of existing sector can be preconfigured to be dynamically divide into additional cell (sector) as needed for interference management/increase capacity)
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the network bandwidth modification method in Chen to incorporate Sarkissian’s new cell addition. This implementation allows for automatic network adaptation to crease capacity, thus preemptively reduces the need for UEs to request for more capacities (See at least ¶0071 of Sarkissian).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 103987091) in view of Froehlich et al. (US 2022/0159347) in view of Kim (KR 102063819)
As to claims 19:
Chen in view of Froehlich discloses all limitations of claim 17, however is silent on the at least one action includes launching at least one virtual machine instance or at least one container in a cloud provider network to perform at least one network function for the radio-based network.
Kim, in a related field of network connectivity management, discloses a system/method for network modification to manage network access including launching at least one virtual machine instance or at least one container in a cloud provider network to perform at least one network function for the radio-based network (See at least page 8, “The device 10 accesses the Wi-Fi network through the open SSID for the guest, and at this time, the physical AP 22 creates a virtual access point VAP1 for the open network”, launching a virtual software based access point to manage access and bandwidth at the site of the client device).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Chen to manage network access including launching at least one virtual machine instance or at least one container in a cloud provider network to perform at least one network function for the radio-based network as disclosed in Kim. This implementation allows for secured access for guest clients while protecting bandwidth use of the entire system through controlling of bandwidth (See page 8 of Kim).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 106713169 - The invention claims a method for controlling traffic bandwidth, for the one data stream set, set using historical adjustment strategy in the historical time period and a predefined policy distribution label to the data flow under the condition of flow condition satisfies the desired degree of machine learning model obtained by training a machine learning model can according to the current time in the flux statistic result of data flow set determining out of current adjusting strategy to make the data flow subsequent to meet a desired flow condition. Therefore, the network device can according to the flow state of the change, adjusting the user predefined policy, so that key service label assigned to the increase and/or non-critical service distributed to the label. Thus, the transmitting speed of the non-key traffic flow are reduced, link bandwidth that is no longer flow over-squeeze the non-critical service, data flow of the key service can be at the entrance of the network device and outlet position is occupied to a sufficient bandwidth.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUAN M HUA whose telephone number is (571)270-7232. The examiner can normally be reached 10:30-6:30.
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/QUAN M HUA/Primary Examiner, Art Unit 2645