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.
Claim Objections
Claims 15-20 are objected to because of the following informalities:
Claim 15 recites “A non-transitory computer-readable recording medium having recorded thereon instructions to perform a method comprising:” in lines 1-2.
“A non-transitory computer-readable recording medium” merely serves a support for data instructions, and the data instruction will not impart/convey a patentable distinction when no functional relationship exists.
In particular, a non-transitory computer-readable recording medium cannot process data instruction alone, and require enabling a computer processor/CPU to process the data instruction in order to impart/convey a patentable distinction of a claim.
As such, the functional language, “executing/processing data instruction stored in a non-transitory computer-readable recording medium by a CPU or a computer processor” adds functional relationship to the clamed invention.
See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035. (also see MPEP 2111.05 III)
Claims 16-20 are depending on claim 15 and therefore they are also objected.
Appropriate correction is required.
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], remote switch in a 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 receives fronthaul (FH) packet / message comprising a Time of Day (TOD) information from the hub switch 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 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 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);
a distributed unit (DU) (fig. 1, [0090], hub switch); 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 receives fronthaul (FH) packet / message comprising a Time of Day (TOD) information from the hub switch),
detect a timing drift in fronthaul (FH) based on the received at least one FH packet (fig. 1, [0090], remote switch 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 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 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], remote switch in a 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 receives fronthaul (FH) packet / message comprising a Time of Day (TOD) information from the hub switch 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 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 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pub. No.: US 20170235316 A1; “Shattil”, ([0072])
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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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/KIET TANG/
Primary Examiner, Art Unit 2469