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 .
This communication is response to claims filed on 01/23/24 via a preliminary amendment, which is considered by the examiner.
Claims 1-14 & 17-22 are presented for examination.
Claims 1-14 are amended.
Claims 15-16 are canceled.
Claims 17-22 are newly added.
Information Disclosure Statement’s
7. The information disclosure statement(s) submitted on 01/23/24 have being considered by the examiner and made of record in the application file.
Drawing
8. The drawings filed on 01/23/24 are accepted by the examiner.
Specification
9. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggested to change the title to “SCHEDULING RADIO COMMUNICATION IN A WIRELESS COMMUNICATION NETWORK BASED ON ONE OR MORE TRANSMISSION PARANETERS”
Appropriate correction is required.
Claims Objections
10. Claims 1-14 & 17-22 are objected to because of minor informalities:
11. Claim 1, in part, recites, “…user equipment, UE,…in line 4. It’s suggested to change it to: “user equipment[[,]] (UE)[[,]]”.
12. Claims 2 & 8-9 are also objected for the same reason as claim 1 above.
13. Claims 3-7, 10-14 & 17-22 are also objected since they are depend upon objected independent claims set forth above.
Claim Rejections - 35 USC § 112
14. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
15. Claims 8-14 & 22 are rejected under 35 U.S.C. 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
16. Claim 8, recites, “a first network node configured to handle scheduling of radio communication in a wireless communications network, the first network node is configured to:
obtain a first traffic profile of a first User Equipment, UE, the first traffic profile being indicative of a first traffic pattern of the first UE in a first communication direction;
obtain a second traffic profile of a second UE, being the second traffic profile is indicative of a second traffic pattern of the second UE in a second communication direction;
based on the obtained first and second traffic profiles, determine one or more transmission parameters for scheduling communication for the first UE in the first communication direction; and
based on the one or more transmission parameters, schedule communication for the first UE in a first cell of the first network node”.
17. Claim 8 fails to recite the claim structure in the body of the claim.
In particular, claim 8 recites, in the preamble, “a first network node configured to handle scheduling of radio communication in a wireless communications network, the first network node is configured to” and thus claim 8 is a machine claim.
Yet, in the body of the claims recites steps/actions “obtaining a first traffic profile…, obtaining a second traffic profile …., determine one or more paraments.. and schedule communication.. ” with out any structure required by the machine claim, which creates a confusion when directed infringement occurs. The claim is indefinite. See IPXL v. Amazon, 430 F 3d 1377, 1384 (Fed. Cir. 2005).
18. Claims 9-14 & 22 are rejected for the same reasons as stated above by virtue of their dependency on a rejected based claim.
For the purpose of examination, examiner will interpret the claims as best understood.
Claim Rejections - 35 USC § 103
19. 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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
20. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (hereinafter referred as Zhang) US Patent No. 10, 841, 791 B1, in view of Lovlekar et al. (hereinafter referred as Lovlekar) US Patent Application Publication No. 2021/0014667 A1.
Regarding claims 1 & 8: Zhang discloses a first network node (See FIG. 1; system (i.e., FOTA management server)) configured to handle scheduling of radio communication in a wireless communications network (See Abstract; schedule transmission of the wireless update to the one or more user devices based on profiles associated with the one or more user devices), the first network node is configured to:
the first traffic profile being indicative of a first traffic pattern of the first UE in a first communication direction (See Para. 0066-0069; FOTA server 150 may continuously monitor the activity pattern and location information associated with UE 110 and may continuously update the profile based on the monitoring);
being the second traffic profile being indicative of a second traffic pattern of the second UE in a second communication direction (See Para. 0068; the system may monitor capabilities and activities associated with UEs 110 and may determine the best time for UEs 110 to receive the FOTA update transmissions based on the capabilities and activities. For example, the machine learning algorithm may predict times when UEs 110 are not active or experiencing a low level of activity (e.g., not transmitting or receiving large amounts of data) and may determine that the low activity times associated with UEs are optimal times to transmit FOTA updates);
based on the obtained first and second traffic profiles, determine one or more transmission parameters (corresponding to time period/slot) for scheduling communication for the first UE in the first communication direction (See Para. 0073 & 0079 & 0083; Process 600 may continue by FOTA server 150 scheduling the FOTA transmission for UEs 110 to download (block 620). FOTA server 150 may use the profiles of UEs 110 stored in data repository 140 and the monitored network load levels to automate the schedule of the FOTA download. In addition, a group of UEs 110 scheduled to receive the FOTA update may be divided into subsets of UEs 110. For example, UEs 110 may be divided into subsets based on network load, device active/idle behaviors, device locations, and/or additional factor. The time period/slot is used for scheduling); and
based on the one or more transmission parameters, schedule communication for the first UE in a first cell of the first network node (See Para. 0073, 0079 & 0083; scheduling the FOTA transmission for UEs 110 to download. Scheduled transmission are performed in a cell of the wireless network. The time period/slot is used for scheduling).
Zhang does not explicitly discloses obtain a first traffic profile of a first User Equipment, UE and obtain a second traffic profile of a second UE.
However, Lovlekar from the same field of endeavor discloses obtain a first traffic profile of a first User Equipment, UE, the first traffic profile being indicative of a first traffic pattern of the first UE in a first communication direction and obtain a second traffic profile of a second UE, being the second traffic profile is indicative of a second traffic pattern of the second UE in a second communication direction (See FIG. 8C, Abstract, Para. 0174 & 0276; The UE may provide to the network of the first SIM the second SIMs traffic activity pattern and/or serving frequency so that the network may provide coordinated configuration and/or scheduling for the UE device. the processing element may receive, via the interface, an indication that a user equipment (UE) device has at least a first subscriber identity module (SIM) and a second SIM, where the first wireless network is associated with the first SIM. The UE device may transmit the indication to the network node via one of the base stations of the first wireless network).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include obtain a first traffic profile of a first User Equipment, UE and obtain a second traffic profile of a second UE as taught by Lovlekar in the system of Zhang in order to decrease wasted uplink scheduling and wasted downlink transmissions for the first SIM (See abstract; lines 7-8).
Regarding claims 2 & 9: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Lovlekar discloses a first network node, wherein the first communication direction and the second communication direction respectively comprises any one or more of: Downlink, DL, transmission of data; Uplink, UL, transmission of data (See Para. 0308-0308; The first data transfer process may have either an uplink direction or a downlink direction).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first communication direction and the second communication direction respectively comprises any one or more of: Downlink, DL, transmission of data; Uplink, UL, transmission of data as taught by Lovlekar in the system of Zhang in order to decrease wasted uplink scheduling and wasted downlink transmissions for the first SIM (See abstract; lines 7-8).
Regarding claims 3 & 10: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Lovlekar discloses a first network node, wherein the first network node is configured to obtain the first traffic profile by receiving the first traffic profile from the first UE, and wherein the first network node is configured to obtain the second traffic profile by receiving the second traffic profile from the second UE (See FIG. 8C, Abstract, Para. 0174 & 0276; The UE may provide to the network of the first SIM the second SIMs traffic activity pattern and/or serving frequency so that the network may provide coordinated configuration and/or scheduling for the UE device. the processing element may receive, via the interface, an indication that a user equipment (UE) device has at least a first subscriber identity module (SIM) and a second SIM).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first network node is configured to obtain the first traffic profile by receiving the first traffic profile from the first UE, and wherein the first network node is configured to obtain the second traffic profile by receiving the second traffic profile from the second UE as taught by Lovlekar in the system of Zhang in order to decrease wasted uplink scheduling and wasted downlink transmissions for the first SIM (See abstract; lines 7-8).
Regarding claims 4 & 11: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Lovlekar discloses a first network node, wherein the first network node is configured to obtain the second traffic profile by receiving a coordination message from a second network node, wherein the coordination message is indicative of the second traffic profile, wherein the second UE is served in a second cell of the second network node, and wherein the first network node is configured to determine the one or more transmission parameters based on the coordination message (See Para. 0301; A UE device 1550 may include a first SIM (SIM1) and a second SIM (SIM2). The first SIM may be associated with a first network (NW1), and the second SIM may be associated with a second network (NW2). For example, the first and second SIMs may be subscribed to different carrier networks).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include obtain the second traffic profile by receiving a coordination message from a second network node, wherein the coordination message is indicative of the second traffic profile, wherein the second UE is served in a second cell of the second network node, and wherein the first network node is configured to determine the one or more transmission parameters based on the coordination message as taught by Lovlekar in the system of Zhang in order to decrease wasted uplink scheduling and wasted downlink transmissions for the first SIM (See abstract; lines 7-8).
Regarding claims 5 & 12: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Zhang discloses a first network node, wherein one or both of the first and the second traffic pattern respectively indicate any one or more of: a priority level for communicated data packets (See Para. 0076; priority classes of UEs).
Regarding claims 6 & 13: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Zhang discloses a first network node, wherein the one or more transmission parameters comprises any one or more of: information of one or both of arrangement of time and frequency resources for communication in the first communication direction (See Para. 0074-0075; Process 600 may continue by FOTA server 150 scheduling the FOTA transmission for UEs 110 to download (block 620). FOTA server 150 may use the profiles of UEs 110 stored in data repository 140 and the monitored network load levels to automate the schedule of the FOTA download. In addition, a group of UEs 110 scheduled to receive the FOTA update may be divided into subsets of UEs 110.. The time period/slot is used for scheduling).
Regarding claims 7 & 14: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Zhang discloses a first network node, wherein obtaining the first traffic profile comprises obtaining one or more traffic profiles, wherein each traffic profile of the one or more traffic profiles is indicative of a respective traffic pattern of a respective UE of one or more UEs (See Para. 0068; the system may monitor capabilities and activities associated with UEs 110 and may determine the best time for UEs 110 to receive the FOTA update transmissions based on the capabilities and activities. For example, the machine learning algorithm may predict times when UEs 110 are not active or experiencing a low level of activity (e.g., not transmitting or receiving large amounts of data) and may determine that the low activity times associated with UEs are optimal times to transmit FOTA updates), and wherein determining the one or more transmission parameters is based on the obtained one or more traffic profiles (See Para. 0073 & 0079 & 0083; Process 600 may continue by FOTA server 150 scheduling the FOTA transmission for UEs 110 to download (block 620). FOTA server 150 may use the profiles of UEs 110 stored in data repository 140 and the monitored network load levels to automate the schedule of the FOTA download. In addition, a group of UEs 110 scheduled to receive the FOTA update may be divided into subsets of UEs 110. For example, UEs 110 may be divided into subsets based on network load, device active/idle behaviors, device locations, and/or additional factor. The time period/slot is used for scheduling).
Regarding claims 17 & 22: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Lovlekar discloses a first network node, wherein the first traffic profile is obtained by receiving the first traffic profile from the first UE, and wherein the second traffic profile is obtained by receiving the second traffic profile from the second UE (See FIG. 8C, Abstract, Para. 0174 & 0276; The UE may provide to the network of the first SIM the second SIMs traffic activity pattern and/or serving frequency so that the network may provide coordinated configuration and/or scheduling for the UE device. the processing element may receive, via the interface, an indication that a user equipment (UE) device has at least a first subscriber identity module (SIM) and a second SIM, where the first wireless network is associated with the first SIM. The UE device may transmit the indication to the network node via one of the base stations of the first wireless network).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include obtain the second traffic profile by receiving a coordination message from a second network node, wherein the coordination message is indicative of the second traffic profile, wherein the second UE is served in a second cell of the second network node, and wherein the first network node is configured to determine the one or more transmission parameters based on the coordination message as taught by Lovlekar in the system of Zhang in order to decrease wasted uplink scheduling and wasted downlink transmissions for the first SIM (See abstract; lines 7-8).
Regarding claim 18: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Lovlekar discloses a first network node, wherein obtaining the second traffic profile comprises receiving from a second network node, a coordination message, wherein the coordination message is indicative of the second traffic profile, wherein the second UE is served in a second cell of the second network node, and wherein determining the one or more transmission parameters is further based on the coordination message (See Para. 0301; A UE device 1550 may include a first SIM (SIM1) and a second SIM (SIM2). The first SIM may be associated with a first network (NW1), and the second SIM may be associated with a second network (NW2). For example, the first and second SIMs may be subscribed to different carrier networks).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein obtaining the second traffic profile comprises receiving from a second network node, a coordination message, wherein the coordination message is indicative of the second traffic profile, wherein the second UE is served in a second cell of the second network node, and wherein determining the one or more transmission parameters is further based on the coordination message as taught by Lovlekar in the system of Zhang in order to decrease wasted uplink scheduling and wasted downlink transmissions for the first SIM (See abstract; lines 7-8).
Regarding claim 19: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Zhang discloses a first network node, wherein one or both of the first and the second traffic pattern respectively indicate any one or more of: a priority level for communicated data packets (See Para. 0076; priority classes of UEs).
Regarding claim 20: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Zhang discloses a first network node, wherein the one or more transmission parameters comprises any one or more of: information of one or both of arrangement of time and frequency resources for communication in the first communication direction (See Para. 0074-0075; Process 600 may continue by FOTA server 150 scheduling the FOTA transmission for UEs 110 to download (block 620). FOTA server 150 may use the profiles of UEs 110 stored in data repository 140 and the monitored network load levels to automate the schedule of the FOTA download. In addition, a group of UEs 110 scheduled to receive the FOTA update may be divided into subsets of UEs 110.. The time period/slot is used for scheduling).
Regarding claim 21: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Zhang discloses a first network node, wherein one or both of the first and the second traffic pattern respectively indicate any one or more of: a priority level for communicated data packets (See Para. 0076; priority classes of UEs).
Regarding claim 22: The combination of Zhang and Lovlekar disclose a first network node.
Furthermore, Lovlekar discloses a first network node, wherein the first network node is configured to obtain the first traffic profile by receiving the first traffic profile from the first UE, and wherein the first network node is configured to obtain the second traffic profile by receiving the second traffic profile from the second UE (See Para. 0301; A UE device 1550 may include a first SIM (SIM1) and a second SIM (SIM2). The first SIM may be associated with a first network (NW1), and the second SIM may be associated with a second network (NW2). For example, the first and second SIMs may be subscribed to different carrier networks).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first network node is configured to obtain the first traffic profile by receiving the first traffic profile from the first UE, and wherein the first network node is configured to obtain the second traffic profile by receiving the second traffic profile from the second UE as taught by Lovlekar in the system of Zhang in order to decrease wasted uplink scheduling and wasted downlink transmissions for the first SIM (See abstract; lines 7-8).
Conclusion
21. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure.
A. Stephenne et al. 2016/0227564 A1 (Title: Method and device for selecting uplink data) (See Abstract, Para. 0012 & 0037-0038).
B. Chen et al. 2021/0039279 A1 (Title: ACK/NACK transmission for multi-carrier operation) (See abstract, Para. 0006 & 00813-0016).
C. Bottomley et al. 2008/0212539 A1 (Title: Method and apparatus for resource reuse in a communication system) (See FIG. 1, Para. 0046, 0050 & 0160).
22. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEWALE A AMBAYE/Primary Examiner, Art Unit 2469