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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/30/2023; the submission is 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: P. 143 discloses “PTR descriptor” without a definition.
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 (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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 7, 12-14, 21, and 26-28 are rejected under 35 U.S.C. 102(a)(1) and or (a)(2) as being anticipated by US-20200113016-A1 to Sevindik.
Regarding claim 7. (Original) A method, comprising: retrieving, by a modem host, a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DDFs partitioned from a first network flow associated with a first network service based on a first application description (P. 41-43 discloses DFF associated with a service functions performed by CPRI/eCPRI aggregator…One CPRI module 302, 303, 304, or 305 is responsible for transmitting and receiving CPRI data. FIG. 400 shows all CPRI functional layers used to transmit and receive CRPI data….Link manager 305 in CPRI aggregator 301 communicates with upper processing layers to determine the capacity and latency needs of the traffic that is sent over the fronthaul connection. Link manager 305 has a look up table that defines each traffic type sent, where the traffic type is defined by a traffic index. The same lookup table exists in upper processing layers. Upper processing layer sends traffic index to link manager, and link manager 305 finds the CPRI module 302, 303, or 304 that supports capacity and latency requirements of that traffic index), the first application description indicating requirements of the first network service for the first application (P.43 ); receiving, by the modem host, a first data packet associated with the first application of a plurality of applications (P. 47); and sending, by the modem host, a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem (Fig. 30, P. 39-40 discloses…CPRI/eCPRI communication module is a transceiver device which sends and receives CPRI/eCPRI data packet simultaneously. CPRI/eCPRI communication module has software, 3014, 3015, 3016, and 3017, of FIG. 5 and hardware, 2013, 2014, 2015, and 2016 of FIG. 4 components to initiate, save, execute, and revoke any kind of smart contract with any other components including other CPRI/eCPRI communication module. A CPRI/eCPRI communication module has software and hardware components to create, mine, send, and receive any transaction in the network).
Regarding claim 12 Sevindik teaches…the method of claim 7, further comprising: adjusting, by the modem host, a performance envelope of a resource element (Fig. 19 ).
Regarding claim 13 Sevindik teaches…the method of claim 12, the adjusting the performance envelope comprising: changing, by the modem host, a processing load on the resource element (Fig. 9).
Regarding claim 14 Sevindik teaches…the method of claim 12, the adjusting the performance envelope comprising: increasing or reducing resource requests sent to the resource element (Fig. 9).
Regarding claim 21 Sevindik teaches…a modem host comprising: at least one processor; and a non-transitory computer readable storage medium storing programming, the programming including instructions that, when executed by the at least one processor, cause the modem host to perform operations including: retrieving a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DDFs partitioned from a first network flow associated with a first network service based on a first application description(P. 41-43 discloses DFF associated with a service functions performed by CPRI/eCPRI aggregator…One CPRI module 302, 303, 304, or 305 is responsible for transmitting and receiving CPRI data. FIG. 400 shows all CPRI functional layers used to transmit and receive CRPI data….Link manager 305 in CPRI aggregator 301 communicates with upper processing layers to determine the capacity and latency needs of the traffic that is sent over the fronthaul connection. Link manager 305 has a look up table that defines each traffic type sent, where the traffic type is defined by a traffic index. The same lookup table exists in upper processing layers. Upper processing layer sends traffic index to link manager, and link manager 305 finds the CPRI module 302, 303, or 304 that supports capacity and latency requirements of that traffic index),, the first application description indicating requirements of the first network service for the first application (P.43 ); receiving a first data packet associated with the first application of a plurality of applications (P. 47); and sending a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem(Fig. 30, P. 39-40 discloses…CPRI/eCPRI communication module is a transceiver device which sends and receives CPRI/eCPRI data packet simultaneously. CPRI/eCPRI communication module has software, 3014, 3015, 3016, and 3017, of FIG. 5 and hardware, 2013, 2014, 2015, and 2016 of FIG. 4 components to initiate, save, execute, and revoke any kind of smart contract with any other components including other CPRI/eCPRI communication module. A CPRI/eCPRI communication module has software and hardware components to create, mine, send, and receive any transaction in the network).
Regarding claim 26 Sevindik teaches…the modem host of claim 21, the operations further comprising: adjusting a performance envelope of a resource element (Fig 19).
Regarding claim 27 Sevindik teaches…the modem host of claim 26, the adjusting the performance envelope comprising: changing a processing load on the resource element (Fig 19).
Regarding claim 28 Sevindik teaches…the modem host of claim 26, the adjusting the performance envelope comprising: increasing or reducing resource requests sent to the resource element (Fig. 19).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 8, 22, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over US-20200113016-A1 to Sevindik in view of US-11068313-B2 to Fontanari et al., from hereon Fontanari.
Regarding claim 8 Sevindik teaches…the method of claim 7, but does not teach…further comprising: receiving, by the modem host, an acceptance of the first resource request.
Fontanari teaches…further comprising: receiving, by the modem host, an acceptance of the first resource request (Fig. 2, Col. 6, Lns. 65-68 discloses At 210, a candidate application is received. At 220, components of the candidate application are identified. At 230, cloud service provider offerings are identified. At 240, the technologies of the cloud service provider offerings are mapped to a technology offering database. At 250, component granularity and the possibility of dividing components into sub-components is analyzed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sevindik by incorporating the teachings of Fontanari because the method and device allow for various modes of cloud application and their candidates so that applications and their granular application and components can be identified, optimized, and mapped to customer requirements (Fontanari, Salim, Page 7, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 22 Sevindik teaches…the modem host of claim 21, but does not teach…the operations further comprising: receiving an acceptance of the first resource request.
Fontanari teaches… the operations further comprising: receiving an acceptance of the first resource request(Fig. 2, Col. 6, Lns. 65-68 discloses At 210, a candidate application is received. At 220, components of the candidate application are identified. At 230, cloud service provider offerings are identified. At 240, the technologies of the cloud service provider offerings are mapped to a technology offering database. At 250, component granularity and the possibility of dividing components into sub-components is analyzed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sevindik by incorporating the teachings of Fontanari because the method and device allow for various modes of cloud application and their candidates so that applications and their granular application and components can be identified, optimized, and mapped to customer requirements (Fontanari, Salim, Page 7, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Claim(s) 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over US-11068313-B2 to Fontanari et al., from hereon Fontanari in view of US-20200113016-A1 to Sevindik.
Regarding claim 29 Fontanari teaches…a non-transitory computer-readable medium having instructions stored thereon that, when executed by a modem host, cause the modem host to perform operations comprising (Col. 5-6, Lns. 58-Col. 10, Lns. 10 discloses…(30) Server computer 150 can include processor(s) 154, memory 158, persistent storage 170, communications unit 152, input/output (I/O) interface(s) 156 and communications fabric 140. Communications fabric 140 provides communications between memory 158, persistent storage 170, communications unit 152, and input/output (I/O) interface(s) 156. Communications fabric 140 can be implemented with any architecture designed for passing data and/or control information between processors (such as microprocessors, communications and network processors, etc.), system memory, peripheral devices, and any other hardware components within a system. For example, communications fabric 140 can be implemented with one or more buses…Memory 158 and persistent storage 170 are computer readable storage media. In this embodiment, memory 158 includes random access memory (RAM) 160 and cache memory 162. In general, memory 158 can include any suitable volatile or non-volatile computer readable storage media. Cache 162 is a fast memory that enhances the performance of processor(s) 154 by holding recently accessed data, and data near ): but does not teach…retrieving a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DDFs partitioned from a first network flow associated with a first network service based on a first application description, the first application description indicating requirements of the first network service for the first application; receiving a first data packet associated with the first application of a plurality of applications; and sending a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem.
Sevindik teaches… retrieving a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DDFs partitioned from a first network flow associated with a first network service based on a first application description(P. 41-43 discloses DFF associated with a service functions performed by CPRI/eCPRI aggregator…One CPRI module 302, 303, 304, or 305 is responsible for transmitting and receiving CPRI data. FIG. 400 shows all CPRI functional layers used to transmit and receive CRPI data….Link manager 305 in CPRI aggregator 301 communicates with upper processing layers to determine the capacity and latency needs of the traffic that is sent over the fronthaul connection. Link manager 305 has a look up table that defines each traffic type sent, where the traffic type is defined by a traffic index. The same lookup table exists in upper processing layers. Upper processing layer sends traffic index to link manager, and link manager 305 finds the CPRI module 302, 303, or 304 that supports capacity and latency requirements of that traffic index), the first application description indicating requirements of the first network service for the first application (P. 43); receiving a first data packet associated with the first application of a plurality of applications (P. 43); and sending a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem(Fig. 30, P. 39-40 discloses…CPRI/eCPRI communication module is a transceiver device which sends and receives CPRI/eCPRI data packet simultaneously. CPRI/eCPRI communication module has software, 3014, 3015, 3016, and 3017, of FIG. 5 and hardware, 2013, 2014, 2015, and 2016 of FIG. 4 components to initiate, save, execute, and revoke any kind of smart contract with any other components including other CPRI/eCPRI communication module. A CPRI/eCPRI communication module has software and hardware components to create, mine, send, and receive any transaction in the network). .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Fontanari by incorporating the teachings of Sevindik because the method and device allow for cloud based application and their candidates applications, or purpose application to be rollout to remote units in this case using common radio interface to deploy applications that are mapped to customer requirements (Sevendiki, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 30 Fontanari and Sevindik teach…the non-transitory computer-readable medium of claim 29, but does not teach…the operations further comprising: receiving an acceptance of the first resource request (Fig. 2, Col. 6, Lns. 65-68 discloses At 210, a candidate application is received. At 220, components of the candidate application are identified. At 230, cloud service provider offerings are identified. At 240, the technologies of the cloud service provider offerings are mapped to a technology offering database. At 250, component granularity and the possibility of dividing components into sub-components is analyzed).
Allowable Subject Matter
Claims 9, 10, 11, 23, 24, 25, 31, and 32 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.
The following is a statement of reasons for the indication of allowable subject matter: the main reason for objection of the claims under discussion is the inclusion of “receiving, by the modem host, a second data packet associated with a second application of the plurality of applications; sending, by the modem host, a second resource request including the second data packet and a second DFF associated with the second application to at least one second resource element of the modem; determining, by the modem host, a rejection of the second resource request; and sending, by the modem host, a third resource request including the second data packet and the second DFF associated with the second application to at least one third resource element of the modem.”, “inserting, by the modem host, a null DFF to at least one fourth resource element determined by the modem host to be idle for a period of time”, and “the null DFF including an instruction for the at least one fourth resource element to reduce power consumption for a time duration shorter than the period of time” as the prior art of record in stand-alone form nor in combination read into the disclosed claims as supported by the specification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: US-20180248787-A1 to Rajagopal, US-20190245740-A1 to Kachhla, US-11706800-B2 to Sun, and US-20220078650-A1 to Lee .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS SAMARA whose telephone number is (408)918-7582. The examiner can normally be reached Monday - Friday 6-3 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.S./Examiner, Art Unit 2476
/PHIRIN SAM/Primary Examiner, Art Unit 2476
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