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, 4-7, 9, 10, 12-15 are pending.
Response to Arguments
The arguments in Remarks dated 12/08/2025 are directed to an alternative limitation in original claim 2 and is incorporated into independent form, specifically “selecting, by the BS, a subcarrier spacing (SCS) for the active BWP, and changing a current SCS of the active BWP to the SCS”. Therefore a new search/consideration is necessitated, and a new ground of rejection is established. Therefore the arguments are moot.
Claim Objection
Claim 15 is recited to be depended on a cancelled claim (11). Correction is required. For purpose examination, claim 15 is assumed to be depended on claim 10.
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) 1, 4, 7, 10, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2019/0141742) in view of Wang (WO 2020064333) – IDS doc and in further view of Xiong (US 2019/0306923)
As to claim 1:
Zhou discloses:
A method (¶0162, Base station to manage resource allocation with processor and memory) of resource allocation for mobility management of a user equipment (UE) in a wireless network (Abstract), comprising:
receiving, at a base station (BS), a plurality of mobility parameters of the UE; (See at least ¶0173, 0231 monitoring measurement reports/traffic condition/channel reports from the UE such as CSI, CQI, RSPR etc.)
providing, by the BS, a service on an active bandwidth part (BWP) of a plurality of BWPs to the UE; (¶0302, 0307, 0337, 0320, wireless device UE to utilize at least one BWP provided by the base station to exchange service data. ¶0197, examples of services)
detecting, by the BS, a change in at least one mobility parameter of the plurality of mobility parameters; (¶0173, 0231, the base station receives a plurality of reports from the UE and initiate changes/adaptation in accordance with changes, for example changing/deploying new resources etc.)
Regarding:
determining, by the BS, whether the change in the at least one mobility parameter meets a quality of service (QoS) or QoS class indicator (QCI) criterion; and reconfiguring the active BWP, in response to determining that the change in the at least one mobility parameter meets the QoS or QCI criterion.
Zhou discloses adaptive resource reassignment based on QoS and service type, switching BWPs and dynamically assigning SCG bearer based on changing mobility condition (¶179, 0303, 0349, 0426, 0474, the base station will reconfigure the BWP’s parameters in response to change).
While Zhou captures the general inventive concept of the limitation above, i.e. reconfiguring resources/BWP adaptively in view of changes in UE’s condition to maintain service quality, Zhou however does not explicit disclose a criteria for QoS/QCI for the changes to be for comparison.
Wang, in a related field of endeavor of BWP adaptation, discloses a system/method wherein mobility parameters such as CO/RSSI to be reported to base station 104 (¶0047-0048) and adaptively modifying BWPs for the UE in accordance with the BWP corresponding to a congestion level, data volume threshold and critical QoS requirement/needs (see at least ¶0057, 0064-0066, 0070-75);
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system/method of Zhou for adaptive resource reassignment based on QoS and service type to be combined with Wang’s enhanced BWP load monitoring/switching mechanism that is based on practical threshold/criteria for service quality. Such implementation optimizes mobility based resource allocation, and reduces latency, congestion (Wang, ¶0022, 0028) as data priority level is taken into account in a systematic manner yet aligning with the spirit of Zhou’s disclosure
Zhou, as discussed above, discloses reconfiguring BWP, however is silent on the reconfiguring includes” selecting, by the BS, a subcarrier spacing (SCS) for the active BWP, and changing a current SCS of the active BWP to the SCS”
Xiong, in a related field of resource management in a wireless system, discloses a system/method that includes dynamic resource adjustments, wherein for the set of active BWP, the network can perform reconfiguration which includes changing the SCS of the active BWP (See ¶0324, 0334).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the reconfiguration of BWP in Zhou to includes adjustment of the SCS of the active BWP. Zhou states the needs for such adjustment in ¶0351 as to adapt with load balancing or different numerologies. Xiong offers several options to do so, one of which is to adjust SCS without changing the active BWP, this is beneficial when BWP allocations are highly congested with demands.
As to claim 10:
Zhou discloses:
A base station (BS) configured to reallocate resources for mobility management of a user equipment (UE) in a wireless network, comprising: a memory; at least one processor; and a resource allocation engine (¶0162, Base station to manage resource allocation with processor and memory) coupled to the memory and the at least one processor, configured to:
receive a plurality of mobility parameters of the UE, (See at least ¶0173, 0231 monitoring measurement reports/traffic condition/channel reports from the UE such as CSI, CQI, RSPR etc.)
provide a service on an active bandwidth part (BWP) of a plurality of BWPs to the UE, (¶0302, 0307, 0337, 0320, wireless device UE to utilize at least one BWP provided by the base station to exchange service data. ¶0197, examples of services)
detect a change in at least one mobility parameter from the plurality of mobility parameters, (¶0173, 0231, the base station receives a plurality of reports from the UE and initiate changes/adaptation in accordance with changes, for example changing/deploying new resources etc.)
Regarding:
determine whether the change in the at least one mobility parameter meets a quality of service (QoS) or QoS class indicator (QCI) criterion, and reconfiguring the active BWP, in response to determine that the change in the at least one mobility parameter meets the QoS or QCI criterion.
Zhou discloses adaptive resource reassignment based on QoS and service type, switching BWPs and dynamically assigning SCG bearer based on changing mobility condition (¶179, 0303, 0349, 0426, 0474, the base station will reconfigure the BWP’s parameters in response to change).
While Zhou captures the general inventive concept of the limitation above, i.e. reconfiguring resources/BWP adaptively in view of changes in UE’s condition to maintain service quality, Zhou however does not explicit disclose a criteria for QoS/QCI for the changes to be for comparison.
Wang, in a related field of endeavor of BWP adaptation, discloses a system/method wherein mobility parameters such as CO/RSSI to be reported to base station 104 (¶0047-0048) and adaptively modifying BWPs for the UE in accordance with the BWP corresponding to a congestion level, data volume threshold and critical QoS requirement/needs (see at least ¶0057, 0064-0066, 0070-75);
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system/method of Zhou for adaptive resource reassignment based on QoS and service type to be combined with Wang’s enhanced BWP load monitoring/switching mechanism that is based on practical threshold/criteria for service quality. Such implementation optimizes mobility based resource allocation, and reduces latency, congestion (Wang, ¶0022, 0028) as data priority level is taken into account in a systematic manner yet aligning with the spirit of Zhou’s disclosure
Zhou, as discussed above, discloses reconfiguring BWP, however is silent on the reconfiguring includes” selecting, by the BS, a subcarrier spacing (SCS) for the active BWP, and changing a current SCS of the active BWP to the SCS”
Xiong, in a related field of resource management in a wireless system, discloses a system/method that includes dynamic resource adjustments, wherein for the set of active BWP, the network can perform reconfiguration which includes changing the SCS of the active BWP (See ¶0324, 0334).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the reconfiguration of BWP in Zhou to includes adjustment of the SCS of the active BWP. Zhou states the needs for such adjustment in ¶0351 as to adapt with load balancing or different numerologies. Xiong offers several options to do so, one of which is to adjust SCS without changing the active BWP, this is beneficial when BWP allocations are highly congested with demands.
As to claim 4:
Zhou in view of Wang and Xiong discloses claim 2, wherein the SCS is selected in response to determining that a capability of the UE does not allow switching from the active BWP to a passive BWP and allows to change the current SCS of the active BWP. (Zhou, ¶0490, “the wireless device may indicate, e.g., in the capability message, that the wireless device is not capable of switching both an UL BWP and a DL BWP (e.g., an UL BWP and a DL BWP corresponding to an UL/DL BWP pair) jointly and/or based on a single DCI. The base station, in response to receiving the indication, e.g., in the capability message, may transmit independent DCIs for switching the UL BWP and the DL BWP”)
As to claims 7, 14:
Zhou in view of Wang and Xiong discloses claim 1/10, wherein the at least one mobility parameter comprises at least one of channel conditions, a QCI of the UE, a QoS of the UE, a number of acknowledgements (ACKs) received from the UE, a number of continuous negative- acknowledgements (NACKs) received from the UE, a rate of receipt of the NACKs, an infinite impulse response (IIR) average of NACK values that crosses a threshold NACK value, and a number of NACKs obtained in response to a predetermined number of last transmissions received from the UE. (See Zhou, ¶0231, CQI, QoS, Wang, ¶0057, 0058, 0057, IS counter for across BWPs)
Claim(s) 9, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2019/0141742) in view of Wang (WO 2020064333) – IDS doc and in view of Xiong (US 2019/0306923) and in further view of Chou et al. (US 2018/0183551).
As to claim 9:
Zhou in view of Wang and Xiong discloses claim 2, however is silent on the method further comprises indicating, by the BS, the change in the current SCS of the active BWP to the SCS, to at least one neighbor BS and to at least one other UE associated with the BS.
Chou, in a related field of endeavor, disclose, 0047-0049, 0057, 0078, 0097 that cell can transmit update changes to the RAN profiles within UE within its coverage as well as neighbor cells where RAN profile includes BWP configuration.
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 Zhou/Wang to incorporate the feature of transmitting update changes to the RAN profiles within UE within its coverage as well as neighbor cells where RAN profile includes BWP configuration. This implementation advantageously promotes transparency and coordination between network nodes for timely transition/preparation, enabling switching of BWP seamless.
As to claim 15:
Zhou in view of Wang and Xiong discloses claim 11, however is silent on the method further comprises indicating, by the BS, the change in the current SCS of the active BWP to the SCS, to at least one neighbor BS and to at least one other UE associated with the BS.
Chou, in a related field of endeavor, disclose, 0047-0049, 0057, 0078, 0097 that cell can transmit update changes to the RAN profiles within UE within its coverage as well as neighbor cells where RAN profile includes BWP configuration.
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 Zhou/Wang to incorporate the feature of transmitting update changes to the RAN profiles within UE within its coverage as well as neighbor cells where RAN profile includes BWP configuration. This implementation advantageously promotes transparency and coordination between network nodes for timely transition/preparation, enabling switching of BWP seamless.
Claim(s) 5-6, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2019/0141742) in view of Wang (WO 2020064333) – IDS doc and in view of Xiong (US 2019/0306923) and in further view of Decarreau et al. (US 2022/0217781).
As to claim 5:
Zhou in view of Wang and Xiong discloses claim 2, however is silent one of the SCS is selected based on output obtained by inputting the plurality of mobility parameters of the UE to a trained machine learning (ML) model.
However the practice of using ML to perform a computational organization or optimization task is well-established in the art. Decarreau, in a related field of endeavor, discloses using an AI neural network model to optimize network performance (See ¶0055, 0056, 0120, 0119) in which mobility measurements such as channel conditions are used to determine an optimal solution, i.e. best choices of parameter s to be reconfigured.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the reconfiguration of BWP in the system of Zhou/Wang to be implemented using an ML model. Using ML allows for constant and customized on-the-fly learning/adjustment over time in view of new data from environment rather than waiting for update patches in traditional software update that occurs only intermittently. Furthermore ML can be tracked, optimized, a controlled in systematic manner (¶0061 of Decarreau)
As to claim 12:
Zhou in view of Wang and Xiong discloses claim 11, wherein the SCS is selected in response to determining that the capability of the UE does not allow switching from the active BWP to a passive BWP of the plurality of BWPs and and allows to change the current SCS of the active BWP, (Zhou, ¶0490, “the wireless device may indicate, e.g., in the capability message, that the wireless device is not capable of switching both an UL BWP and a DL BWP (e.g., an UL BWP and a DL BWP corresponding to an UL/DL BWP pair) jointly and/or based on a single DCI. The base station, in response to receiving the indication, e.g., in the capability message, may transmit independent DCIs for switching the UL BWP and the DL BWP”)
Zhou in view of Wang and Xiong however is silent the SCS is selected based on output obtained by inputting the plurality of mobility parameters of the UE to a trained machine learning (ML) model.
However the practice of using ML to perform a computational organization or optimization task is well-established in the art. Decarreau, in a related field of endeavor, discloses using an AI neural network model to optimize network performance (See ¶0055, 0056, 0120, 0119) in which mobility measurements such as channel conditions are used to determine an optimal solution, i.e. best choices of resource parameter to be reconfigured.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the reconfiguration of BWP in the system of Zhou/Wang to be implemented using an ML model. Using ML allows for constant and customized on-the-fly learning/adjustment over time in view of new data from environment rather than waiting for update patches in traditional software update that occurs only intermittently. Furthermore ML can be tracked, optimized, a controlled in systematic manner (¶0061 of Decarreau)
Notice to applicant regarding product-by-process claim:
Claim 6/13 is directed to the process by which the ML model is trained rather than further defining the functionality of the claimed ML model.
In other words, claim 6 is a product-by-process claim, wherein the ML attempts to be defined by how it is generated (i.e. trained). Under the current practice, the product-by-process claims are interpreted to cover the product itself, not the process by which it is made. Consequently, claim 6 is not given patentable weight.
Furthermore, claim 6 does not recite any additional structures, functionality, and behaviors of the claimed ML that distinct itself from any other MLs that perform the same functionality (i.e. using network inputs from UEs to generate optimal BWP configuration).
Furthermore, the recited process of training (i.e. input, adjusting weights to optimal values, output the trained model) is rather generic and standard technique in machine learning training.
As such, absent a showing of further clarification to limit the ML functionally, the claim is evaluated based merely on what ML does, instead of how is trained.
Per claim 6:
Zhou in view of Wang and Xiong and Decarreau discloses claim 5, wherein the trained ML model includes a neural network (NN) model trained by: inputting the plurality of mobility parameters of the UE and a plurality of mobility parameters of other UEs to a plurality of input NN nodes of the NN model; determining a weight of each of the plurality of input NN nodes based on a training method; and training the NN model based on the optimal weight of each of the plurality of input NN odes, the plurality of mobility parameters of the UE, and the plurality of mobility parameters of other UEs. (Decarreau, ¶0056, 0060, 0074, 0132, ML is trained using training parameters (i.e. UE measured channel condition), adjust weights for each nodes of the NN, and thus training the NN ML model to perform optimization of BWP).
As to claim 13:
Zhou in view of Wang and Xiong and Decarreau discloses claim 12, wherein the trained ML model includes a neural network (NN) model trained by: inputting the plurality of mobility parameters of the UE and a plurality of mobility parameters of other UEs to a plurality of input NN nodes of the NN model; determining an weight of each of the plurality of input NN nodes based on a training method; and training the NN model based on the weight of each of the plurality of input NN nodes, the plurality of mobility parameters of the UE and the plurality of mobility parameters of other UEs. (Decarreau, ¶0056, 0060, 0074, 0132, ML is trained using training parameters (i.e. UE measured channel condition), adjust weights for each nodes of the NN, and thus training the NN ML model to perform optimization of BWP).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jones (US 2020/0170022) - This disclosure describes techniques that enable a telecommunication network to share available bandwidth within a cell of a base station node between different air-interface technologies, such as Long-Term Evolution (LTE) and 5G-New Radio (5G-NR). The available bandwidth may be shared based on bandwidth allocation rules and an analysis of network traffic, in real-time. Moreover, a Spectrum Sharing Optimization (SSO) system is described that can generate optimization data for delivery to a base station node. The optimization data may include computer-executable instructions that dynamically make use of time-division (i.e. configuring MBSFN subframes) and frequency-division techniques (i.e. configuring BWPs) to share available bandwidth within the cell of the base station node.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/QUAN M HUA/Primary Examiner, Art Unit 2645