DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Response to Amendment
In response to Applicant’s amendment filed on 04/15/2026, the objections of claims 15-20 have been withdrawn.
Response to Arguments
Applicant's arguments filed on 12/22/2022 have been considered but they are not persuasive.
Applicant argues, (pages 10-12), that Ruffini does not disclose or suggest “receiving, by a radio unit (RU) in an Open Radio Access Network (O-RAN) network, at least one fronthaul (FH) packet comprising a Time of Day (TOD) from a distributed unit (DU)”.
The examiner respectfully disagrees. Ruffini teaches “receiving, by a radio unit (RU) in an Open Radio Access Network (O-RAN) network, at least one fronthaul (FH) packet comprising a Time of Day (TOD) from a distributed unit (DU)” (fig.1, [0053, 0090]).
It is disclosed in figure 1 paragraphs [0053] and [0090] in Ruffini as follows:
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[0053] FIG. 1 is a schematic overview of a network 1. The network 1 may be considered as a wireless access network, or a part of a wireless access network. The network 1 may be compliant with a number of wireless or radio access technologies, such as one or more of LTE, LTE-Advanced, WCDMA, GSM/EDGE, WiMax, or UMB. Base stations 3, 6 are deployed across an area where wireless coverage is required. There are two types of base station in the network of FIG. 1. The two types of base station are shown in FIG. 2A and FIG. 2B.
[0090] Accuracy of the clock 33 can be maintained by using synchronisation messages carried over the transport network 21 between the hub switch 13 and the remote switch 16. CPRI provides a mechanism for calculating transmission delay across the network. For example, two-way timestamps in the CPRI frame overhead can be used to calculate the transmission delay between the hub switch 13 and the remote switch 16. This mechanism is described at section 4.2.9 of CPRI Specification V6.1. In addition, the hub switch 13 can send additional messages at regular intervals. The new messages can indicate a timestamp, providing time of day (ToD) information. ToD is something which is not normally available beyond the DU 4 in a conventional CPRI network, i.e. not available between the DU 4 and remote switch 16. Remote switch 16 uses a combination of: the messages indicating time of day (ToD), plus the calculated transmission delay, to calculate the actual time:
The Applicant argues that a hub switch 13 is not a distributed unit (DU). It is noticed that the language in the claim does not limit a hub switch 13 is not a distributed unit (DU).
Therefore, with the broadest interpretation,, Ruffini teaches receiving, by a radio unit (RU) in an Open Radio Access Network (O-RAN) network (fig.1, [0053, 0090], a radio unit (RU) / remote switch 16 in an Open Radio Access Network (O-RAN) network / wireless access network), at least one fronthaul (FH) packet comprising a Time of Day (TOD) from a distributed unit (DU) (fig. 1, [0090], remote switch 13 receives fronthaul (FH) packet / message comprising a Time of Day (TOD) information from a distributed unit (DU) / hub switch 13 in a wireless access network).
The Examiner defines a Remote switch 16 as a radio unit (RU), a wireless access network as a radio access network (RAN), a message as a fronthaul (FH) packet, and hub switch 13 as a distributed unit (DU).
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 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, 8-9, 11, 15-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ruffini et al. (Pub. No.: US 20180206203 A1), hereinafter Ruffini.
With respect to claim 1, Ruffini teaches A method comprising:
receiving, by a radio unit (RU) in an Open Radio Access Network (O-RAN) network (fig.1, [0053, 0090], a radio unit (RU) / remote switch 16 in an Open Radio Access Network (O-RAN) network / wireless access network), at least one fronthaul (FH) packet comprising a Time of Day (TOD) from a distributed unit (DU) (fig. 1, [0090], remote switch 16 receives fronthaul (FH) packet / message comprising a Time of Day (TOD) information from a distributed unit (DU) / hub switch 13 in a wireless access network);
detecting, by the RU, a timing drift in fronthaul (FH) based on the received at least one FH packet (fig. 1, [0090], remote switch 16 detects a timing drift /delay in fronthaul (FH) based on the received message); and
identifying, by the RU, at least one O-RAN element in the O-RAN network causing the timing drift in FH based on detecting the timing drift (fig. 1, [0090], remote switch 16 identifies the transport network element as causing the timing drift /delay in FH based on detecting the timing drift).
With respect to claim 2, Ruffini teaches wherein receiving the at least one fronthaul (FH) packet comprises: forming, by the DU, a FH packet comprising the TOD from the DU ([0090]); and sending, by the DU, the FH packet to the RU ([0090]).
With respect to claim 4, Ruffini teaches comparing whether the TOD in the at least one FH packet received from the DU matches with a TOD available with the RU ([0086, 0090]); and determining, by the RU, a plurality of synchronization plane (s-plane) parameters ([0090]), wherein the at least one O-RAN element comprises one of the RU, the DU and a transport network ([0090]), and wherein the plurality of s-plane parameters includes at least one of a timestamp carried in a Precision Time Protocol (PTP) event packet ([0090-0091]), and a clock status carried in a PTP general packet ([0089-0090]).
With respect to claim 8, Ruffini teaches A system implemented in a radio access network (RAN) comprising (fig.1, [0053], a wireless access network):
a radio unit (RU) (fig. 1, [0090], remote switch 16);
a distributed unit (DU) (fig. 1, [0090], hub switch 13); and
at least one transport network element (fig. 1, [0090], transport network);
wherein the RU is configured to receive at least one fronthaul (FH) packet comprising a Time of Day (TOD) information from the DU (fig. 1, [0090], remote switch 16 receives fronthaul (FH) packet / message comprising a Time of Day (TOD) information from a distributed unit (DU) / hub switch 13 in a wireless access network),
detect a timing drift in fronthaul (FH) based on the received at least one FH packet (fig. 1, [0090], remote switch 16 detects a timing drift /delay in fronthaul (FH) based on the received message), and
identify at least one of the RU, the DU, or the at least one transport network element as causing the timing drift in FH based on detecting the timing drift (fig. 1, [0090], remote switch 16 identifies the transport network element as causing the timing drift /delay in FH based on detecting the timing drift).
With respect to claim 9, this claim recites the method of claim 2, and it is rejected for at least the same reasons.
With respect to claim 11, this claim recites the method of claim 4, and it is rejected for at least the same reasons.
With respect to claim 15, Ruffini teaches A non-transitory computer-readable recording medium having recorded thereon instructions executable by at least one computer to cause the computer to perform a method comprising ([0104], processor for executing instructions to perform a method):
receiving, by a radio unit (RU) in an Open Radio Access Network (O-RAN) network (fig.1, [0053, 0090], a radio unit (RU) / remote switch 16 in an Open Radio Access Network (O-RAN) network / wireless access network), at least one fronthaul (FH) packet comprising a Time of Day (TOD) from a distributed unit (DU) in the O-RAN network (fig. 1, [0090], remote switch 16 receives fronthaul (FH) packet / message comprising a Time of Day (TOD) information from a distributed unit (DU) / hub switch 13 in a wireless access network);
detecting, by the RU, a timing drift in fronthaul (FH) based on the received at least one FH packet (fig. 1, [0090], remote switch 16 detects a timing drift /delay in fronthaul (FH) based on the received message); and
identifying, by the RU, at least one O-RAN element in the O-RAN network causing the timing drift in FH based on detecting the timing drift (fig. 1, [0090], remote switch 16 identifies the transport network element as causing the timing drift /delay in FH based on detecting the timing drift).
With respect to claim 16, this claim recites the method of claim 2, and it is rejected for at least the same reasons.
With respect to claim 18, this claim recites the method of claim 4, and it is rejected for at least the same reasons.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ruffini, in view of Noh et al. (Pub. No.: US 20090175292 A1), hereinafter Noh.
With respect to claim 3, Ruffini teaches the FH packet received from the DU ([0090]); and determining, by the RU, that there is timing drift based on determining ([0090]).
Ruffini does not explicitly teach comparing a sub-frame number (SFN) with a SFN derived by the RU, that the SFN of the FH packet received from the DU is different from the SEN derived by the RU.
However, Noh teaches comparing a sub-frame number (SFN) with a SFN derived by the RU, that the SFN of the FH packet received from the DU is different from the SEN derived by the RU ([0058], access point 120 receives multicast data associated with the multicast group associated with the second network device / IAP 105).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to modify the teachings of Ruffini with the teachings of Noh, in order for two user equipments perform time synchronization (Noh, [0008]).
With respect to claim 10, this claim recites the method of claim 3, and it is rejected for at least the same reasons.
With respect to claim 17, this claim recites the method of claim 3, and it is rejected for at least the same reasons.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ruffini, in view of Pennington et al. (Pub. No.: US 20200008271 A1), hereinafter Pennington.
With respect to claim 7, Ruffini teaches wherein the at least one FH packet is in a format for a Common Public Radio Interface (CPRI) protocol ([0090]).
Ruffini does not explicitly teach an Evolved Common Public Radio Interface (eCPRI) protocol.
However, Pennington teaches an Evolved Common Public Radio Interface (eCPRI) protocol (see claim 5 and [0025]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to modify the teachings of Ruffini with the teachings of Pennington, in order to support fifth generation (5G) standards and provide compatibility with legacy standards, as well as improving services thereof (Pennington, [0001]).
With respect to claim 14, this claim recites the method of claim 7, and it is rejected for at least the same reasons.
Allowable Subject Matter
Claims 5-6, 12-13, and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TANG whose telephone number is (571)270-7193. The examiner can normally be reached on M-F 8:00-5:00.
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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/KIET TANG/
Primary Examiner, Art Unit 2469
Prosecution Insights