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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN 202110873639.0, filed on 07/30/2021.
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on 01/30/2024, and 09/19/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
A “computer readable storage medium” in ¶0006, ¶0069, ¶0079, and ¶0083, should read “a non-transitory computer readable storage medium”
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “101” has been used to designate both the UE and the method of determining access probability indication information and reference character “102” has been used to designate both the network device and the method for transmitting system information in Fig. 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 13 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject as the claim describes “computer readable storage medium”. Neither the claim language itself nor the specification restrict the storage medium to being “non-transitory” in nature and as such, is directed to purely software rather than a hardware component. As software is neither considered a process, machine, manufacture, or composition of matter, the claim language found herein claims non-statutory subject matter. Examiner advises adding “non-transitory” to the above stated claim language in order to traverse the rejection.
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.
Claims 1-2, 4, 6-7, 9, 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 109151836 A), hereinafter Zhang.
Re. Claims 1 and 11, Zhang teaches an access apparatus, comprising: a receiving circuitry (Fig. 7) configured to: receive system information which comprises access probability indication information, wherein the access probability indication information indicates access probabilities corresponding to different frequency bands in a same cell (Pg. 9, Paragraph 3 - the access probability parameter is used for indicating the corresponding to at least two uplink frequency range allows the mobile communication terminal to access probability of network device); and select a frequency band to access based on the access probabilities corresponding to the different frequency bands and performing access (Pg. 9, Paragraph 3 - corresponding to each uplink frequency range compared with the access probability, the access uplink frequency range for mobile communication terminal initiating the random access to the network device, the access uplink frequency range selected from a target uplink frequency range and initiates a random access to the network device).
Re. Claims 6 and 12, Zhang teaches an access control apparatus, comprising: an access probability determining circuitry (Fig. 7) configured to determine access probability indication information, wherein the access probability indication information indicates access probabilities corresponding to different frequency bands in a same cell (Pg. 9, Paragraph 3 - the access probability parameter is used for indicating the corresponding to at least two uplink frequency range allows the mobile communication terminal to access probability of network device); and transmitting system information, wherein the system information comprises the access probability indication information used for cell access (Pg. 15, Paragraph 1 - the transmitter 601 is further used for sending the selected parameter, the first priority level parameter, at least one second priority level parameter and an access probability parameter).
Re. Claims 2 and 7, Zhang teaches Claims 1 and 6.
Additionally, Zhang further teaches wherein the access probability indication information indicates values of access probabilities corresponding to the different frequency bands in the same cell (Pg. 9, Paragraph 3 - the access probability parameter is used for indicating the corresponding to at least two uplink frequency range allows the mobile communication terminal to access probability of network device).
Re. Claims 4 and 9, Zhang teaches Claims 1 and 6.
Additionally, Zhang further teaches wherein the access probability indication information indicates levels of the different frequency bands in the same cell, and values of access probabilities corresponding to the levels, wherein each level corresponds to one or more frequency bands (Pg. 9, Paragraph 3 - the access probability parameter is used for indicating the corresponding to at least two uplink frequency range allows the mobile communication terminal to access probability of network device).
Re. Claim 13, Zhang further teaches a computer readable storage medium having computer instructions stored therein, wherein when the computer instructions are executed by a processor, the method of any one of claims 1 to 10 is performed (Pg. 3, Paragraph 8 - The embodiment of the invention further provides a computer readable storage medium having stored thereon a computer program, the computer program when executed by a processor to implement application described above to access method of network device).
Re. Claim 14, Zhang further teaches an access apparatus, comprising a memory and a processor, wherein the memory has computer instructions stored therein, and when the processor executes the computer instructions, the method of any one of claims 1 to 5 is performed (Pg. 3, Paragraph 8 - The embodiment of the invention further provides a computer readable storage medium having stored thereon a computer program, the computer program when executed by a processor to implement application described above to access method of network device).
Re. Claim 15, Zhang further teaches an access apparatus, comprising a memory and a processor, wherein the memory has computer instructions stored therein, and when the processor executes the computer instructions, the method of any one of claims 6 to 10 is performed (Pg. 3, Paragraph 8 - The embodiment of the invention further provides a computer readable storage medium having stored thereon a computer program, the computer program when executed by a processor to implement application described above to access method of network device).
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.
Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Yu et al. (WO 2016161647 A1), hereinafter Yu.
Re. Claims 3 and 8, Zhang teaches Claims 1 and 6.
However, Zhang does not expressly teach wherein the access probability indication information indicates indexes of access probabilities corresponding to the different frequency bands in the same cell, and the index of each of the access probabilities corresponds to a value of the access probability.
Yet, Yu explicitly teaches wherein the access probability indication information indicates indexes of access probabilities corresponding to the different frequency bands in the same cell, and the index of each of the access probabilities corresponds to a value of the access probability (Pg. 9, Paragraph 10 - The priority index calculates the probability of accessing the cell through each RACH, and can ensure that the terminal with high service priority accesses the cell of the base station with a higher access probability).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Yu to the teaching of Zhang. The motivation for such would be as Yu provides that the indexes of access probabilities correspond to a value of the access probability (Pg. 9, Paragraph 10, Yu). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Kim et al. (EP 2905989 A1), hereinafter Kim and Kumar et al. (2019/0065562), hereinafter Kumar.
Re. Claims 5 and 10, Zhang teaches Claims 1 and 6.
Additionally, Zhang further teaches where each level corresponds to one or more frequency bands (Pg. 9, Paragraph 3 - the access probability parameter is used for indicating the corresponding to at least two uplink frequency range allows the mobile communication terminal to access probability of network device).
However, Zhang does not expressly teach wherein the access probability indication information indicates levels of the different frequency bands in the same cell, and values of access probabilities corresponding to (N-1) levels, wherein N is a number of the levels, a sum of the access probabilities corresponding to the N levels is 1.
Yet, Kim explicitly teaches wherein the access probability indication information indicates levels of the different frequency bands in the same cell, and values of access probabilities corresponding to (N-1) levels, wherein N is a number of the levels (Pg. 6, Paragraph 6 - Assuming that the type 1 frequency band list includes n range 1 frequency bands, the UE allocates the shortened indicators 0 to [n-1] in the order of insertion of the range 1 frequency bands),
However, the combination of Zhang and Kim does not expressly teach a sum of the access probabilities corresponding to the N levels is 1.
Yet, Kumar explicitly teaches a sum of the access probabilities corresponding to the N levels is 1 (¶0085- Continuing the running example, if repository 220a contains 1000 entries associated with usernames that begin with the letter “U.” repository 220d contains 3000 entries associated with usernames that begin with the letter “U,” and no other repository contains an entry associated with a username that begins with the letter “U,” then the Analyzer 305 in this step might compute that there is a 25% chance that any requested data associated with a username beginning with the letter “U” will be found in repository 220a, and that there is a 75% chance that such requested data will be found in repository 220d.)
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teachings of Kim and Kumar to the teaching of Zhang. The motivation for such would be as Kim provides that the value of access parameters are n-1 where N is the number of levels and the total sum of probability is 1 (Pg. 6, Paragraph 6, Kim) and Kumar teaches that the total sum of all probabilities is 1 or 100%. Examiner acknowledges that Kumar is in reference to another form of data storage, Examiner also finds that probability is a wide field that is applicable in many circumstances and can also be transmutable. That is to say, the process of finding a 70% or .7 probability is applicable over several fields without issue. All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Deogun et al. (2020/0267771) – Fig. 8, ¶0083-0096
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/N.J.S./Examiner, Art Unit 2475
/KHALED M KASSIM/supervisory patent examiner, Art Unit 2475