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 .
DETAILED ACTION
1. This communication is response to the application filed 11/13/2025 havingclaims 1-20 pending and presented for examination.
Priority
2. Application filed on 07/03/2023 is a has PRO 63/458,609 04/11/2023are acknowledged.
Drawings
3. The drawings were received on 07/03/2023 and these drawings are accepted.
4. Information Disclosure Statement
The information disclosure statement (IDS)s submitted on 11/13/2025, 09/11/2025, 08/27/2025,08/01/205,09/20/2024,07/19/2024,11/02/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
4. The Oath/Declaration filed on 07/03/2023 is accepted by the examiner.
Double Patenting
4.1. A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).
Claim 1, 17 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1, 5 of copending Application No. 18/217,936. This is a provisional double patenting rejection since the conflicting claims have not in fact been patented.
As per claim 1. A method comprising electronically determining whether an inter-distributed unit (inter-DU) communication link between a plurality of distributed units (DUs) in a Radio Access Network (RAN) of a wireless cellular telecommunication network that provides wireless cellular telecommunication network services to a plurality of UEs is available; electronically determining whether to use carrier aggregation across cells that are each managed by different respective DUs of the plurality of DUs and or to use dual connectivity for the cells based on the determination whether an inter-DU communication link is available; electronically determining whether measurements of inter-DU communication characteristics of communication between the plurality of DUs are available; electronically determining whether to use the carrier aggregation or the dual connectivity based on the determination whether the measurements of inter-DU communication characteristics are available; in instances where the measurements of inter-DU communication characteristics are determined to be available, determining, based on the measurements, whether one or more of inter-DU link latency and inter-DU link bandwidth availability meets criteria for using the carrier aggregation; and electronically determining whether to use the carrier aggregation or the dual connectivity based on the determination whether the one or more of inter-DU link latency and inter-DU link bandwidth availability meets the criteria (Claim 1. (Currently Amended) A method comprising: electronically measuring, via one or more Radio Access Network (RAN) functions, one or more of: user equipment (UE) communication characteristics of one or more UE devices (UEs) and inter-distributed unit (inter-DU) communication characteristics of communication between a plurality of distributed units (DUs) of a wireless cellular telecommunication network that provides wireless cellular telecommunication network services to the one or more UEs; [[and]] electronically reporting the one or more of: UE communication characteristics and measured inter-DU communication characteristics; and causing switching to be performed, based on measured inter-DU communication characteristics, between using carrier aggregation across cells that are each managed by different respective DUs of the plurality of DUs and using dual connectivity for the cells that are each managed by different respective DUs of the plurality of DUs, wherein the dual connectivity uses an F1 interface to split Packet Data Convergence Protocol (PDCP) packets across the different respective, claim 5, wherein the inter-DU communication characteristics include one or more of: inter-DU link quality, inter-DU link latency, inter-DU link bandwidth availability and current usage of an inter-DU link).
As per claim 17, A method comprising electronically determining whether an inter-distributed unit (inter-DU) communication link between a plurality of distributed units (DUs) in a Radio Access Network (RAN) of a wireless cellular telecommunication network that provides wireless cellular telecommunication network services to a plurality of UEs is available; electronically determining whether to use carrier aggregation across cells that are each managed by different respective DUs of the plurality of DUs and or to use dual connectivity for the cells based on the determination whether an inter-DU communication link is available; electronically determining whether measurements of inter-DU communication characteristics of communication between the plurality of DUs are available; electronically determining whether to use the carrier aggregation or the dual connectivity based on the determination whether the measurements of inter-DU communication characteristics are available; in instances where the measurements of inter-DU communication characteristics are determined to be available, determining, based on the measurements, whether consumption of network resources provided by the cells meets criteria for using the carrier aggregation; and electronically determining whether to use the carrier aggregation or the dual connectivity based on the determination whether the consumption of network resources provided by the cells meets the criteria for using the carrier aggregation ((Claim 1. (Currently Amended) A method comprising: electronically measuring, via one or more Radio Access Network (RAN) functions, one or more of: user equipment (UE) communication characteristics of one or more UE devices (UEs) and inter-distributed unit (inter-DU) communication characteristics of communication between a plurality of distributed units (DUs) of a wireless cellular telecommunication network that provides wireless cellular telecommunication network services to the one or more UEs; [[and]] electronically reporting the one or more of: UE communication characteristics and measured inter-DU communication characteristics; and causing switching to be performed, based on measured inter-DU communication characteristics, between using carrier aggregation across cells that are each managed by different respective DUs of the plurality of DUs and using dual connectivity for the cells that are each managed by different respective DUs of the plurality of DUs, wherein the dual connectivity uses an F1 interface to split Packet Data Convergence Protocol (PDCP) packets across the different respective).
Conclusion
Prior arts made of record, not relied upon: US Patent Publication US 20080226094 A1; US Patent Publication US 20150304116 A1, US Patent Publication US 6724746 B1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANEZ EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached on MF 8 AM to 5 PM ff attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on (571) 272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see =. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217- 9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANEZ C EBRAHIM/ Primary Examiner, Art Unit 2467