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 .
Response to Arguments
Applicant's arguments filed November 28, 2025 have been fully considered but they are not persuasive. Applicant has amended the independent claim 1 to include the limitations of “determining a second pathway between the first client device and the second client device that will meet the predetermined service level, wherein the second pathway is wireless and does not pass through a fabric network”. Similar amendments were made to independent claims 10 and 15. In the Remarks on page , Applicant argues that “Lee does not teach or suggest determining a second pathway between the first client device and the second client device that will meet the predetermined service level, the second pathway being wireless and does not pass through a fabric network. In addition, Hoang does not overcome Lee 's deficiencies as Hoang does not teach or suggest the aforementioned recitations nor does the Examiner contends that it does.” Applicant further asserts that “combining Lee and Hoang would not have led to the claimed subject matter because Lee and Hoang either individually or in combination, at least do not disclose or suggest ‘determining a second pathway between the first client device and the second client device that will meet the predetermined service level, wherein the second pathway is wireless and does not pass through a fabric network’, as recited by amended Claim 1.” Examiner respectfully disagrees. Examiner respectfully submits that the newly added limitations are taught by Hoang as further discussed below.
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.
Claims 15-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the recited computer-readable medium may be directed to a signal per se, which is not statutory subject matter. Examiner recommends amending claims 15-20 to be directed to “nontransitory computer-readable medium…”.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2022/0053406 A1)(hereinafter “Lee”) in view of Hoang et al. (US 2023/0300713 A1)(hereinafter “Hoang”).
Regarding claim 1, Lee discloses a method comprising:
determining that data traffic flowing on a first pathway between a first client device and a second client device (Fig. 1 (see below), [¶0010]-[¶0012]: a first pathway between a UE 110-2 (“a first client device”) and a UE 110-3 (“a second client device) includes a wireless link A4, a wireless station 120-3, a backhaul link B3, an integrated access a backhaul (IAB) anchor 130, a backhaul link B5, a wireless station 120-4, and a wireless link A5.) is not meeting a predetermined service level ([¶0056]: implementations described herein provide systems and methods for selecting optimal paths from UE devices to an IAB anchor station while taking into consideration signal quality on links in the paths, congestion on links in the path, the number of links/hops in the path, the type of application being executed, service level agreement (SLA) and quality of service (QoS) agreements. [Abstract]: the method may further include identifying, in response to determining that the signal quality does not satisfy the signal quality threshold or the congestion does not satisfy the throughput threshold, another path for the UE device to use when communicating with the anchor station.), wherein the first pathway is partially wired and partially wireless ([¶0013]: wireless stations 120 may connect UE device 110 to other components of a radio access network (RAN) and a core network 140 using wireless and/or wired interfaces. Accordingly, Lee discloses that backhaul link B3 may be a wired connection and backhaul link B5 may be a wireless connection. As a result, the first pathway may be partially wired and partially wireless.);
determining a second pathway between the first client device and the second client device that will meet the predetermined service level… (Fig. 1, [¶0010]-[¶0012]: a second pathway between the UE 110-2 (“the first client device”) and a UE 110-3 (“the second client device) includes a wireless link A3, the IAB anchor 130, the backhaul link B5, the wireless station 120-4, and the wireless link A5. ([¶0056]: implementations described herein provide systems and methods for selecting optimal paths from UE devices to an IAB anchor station while taking into consideration signal quality on links in the paths, congestion on links in the path, the number of links/hops in the path, the type of application being executed, service level agreement (SLA) and quality of service (QoS) agreements. [¶0009]: in one exemplary implementation, the particular wireless path may be selected based on whether a direct link is available to the IAB anchor, as well as the channel quality and throughput for the direct link. ), wherein the second pathway is wireless… ([¶0013]: Lee discloses that backhaul link B5 may be a wireless connection. As a result, the second pathway may be wireless.); and
causing the data traffic to flow on the second pathway ([¶0009]: in one exemplary implementation, the particular wireless path may be selected based on whether a direct link is available to the IAB anchor, as well as the channel quality and throughput for the direct link. Accordingly, Lee discloses that the data traffic flows on the second pathway after selection of the second pathway.).
PNG
media_image1.png
505
680
media_image1.png
Greyscale
Although Lee discloses that the second pathway is wireless, Lee does not specifically disclose wherein the second pathway does not pass through a fabric network. However, Hoang discloses wherein the second pathway is wireless and does not pass through a fabric network (Fig. 4, [¶0331]: a destination wireless transmit/receive unit (WTRU) has two paths between a source WTRU and the destination WTRU from which to select. A first path is a direct link between the source WTRU and the destination WTRU.).
Therefore, 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 second pathway (a wireless path) between the first client device and the second client device, as taught by Lee, to include a direct wireless path between the first client device and the second client device that does not pass through a fabric network, as taught by Hoang. Doing so allows for optimization of communication network resources by providing for direct communication between the first client device and the second client device without requiring the use of additional network resources. Further, a non-fabric network is conventionally known and it would be obvious to apply the teachings of Lee to a conventionally known network (sub)infrastructure.
Regarding claim 3, Lee in view of Hoang discloses all features of claim 1 as outlined above. Lee also discloses wherein a portion of the second pathway comprises a wireless path between a first Access Point (AP) to which the first client device is associated and a second AP to which the second client device is associated (Fig. 1, [0029]: Lee discloses that a pathway for the UE 110-2 to the IAB anchor 130 may also include the wireless station 120-3 associated with the UE 110-2, the backhaul link B4 ([¶0013]: Lee discloses that backhaul link B4 may be a wireless connection) and the wireless station 120-4 associated with the UE 110-3.).
Regarding claim 8, Lee in view of Hoang discloses all features of claim 1 as outlined above. Lee also discloses wherein the first pathway passes through a wireless controller ([¶0014]: in some implementations, wireless stations 120 may include a radio network controller (RNC). Accordingly, wireless station 120-3 may include a wireless controller).
Regarding claim 9, Lee in view of Hoang discloses all features of claim 1 as outlined above. Lee also discloses wherein the first pathway passes through network routers without passing through a wireless controller ([¶0014]: in some implementations, wireless stations 120 may include, for example, a repeater or a relay. Accordingly, in some implementations the wireless station 120-3 may not include a wireless controller. [¶0019]: environment 100 may include additional elements such as routers that aid in routing data to/from UEs 110.).
Regarding claim 10, Lee discloses a system comprising:
a memory storage (Fig. 2: memory 230); and
a processing unit (Fig. 2: processor 220) coupled to the memory storage, wherein the processing unit is operative to:
determine that data traffic flowing on a first pathway between a first client device and a second client device (Fig. 1, [¶0010]-[¶0012]: a first pathway between a UE 110-2 (“a first client device”) and a UE 110-3 (“a second client device) includes a wireless link A4, a wireless station 120-3, a backhaul link B3, an integrated access a backhaul (IAB) anchor 130, a backhaul link B5, a wireless station 120-4, and a wireless link A5.) is not meeting a predetermined service level ([¶0056]: implementations described herein provide systems and methods for selecting optimal paths from UE devices to an IAB anchor station while taking into consideration signal quality on links in the paths, congestion on links in the path, the number of links/hops in the path, the type of application being executed, service level agreement (SLA) and quality of service (QoS) agreements. [Abstract]: the method may further include identifying, in response to determining that the signal quality does not satisfy the signal quality threshold or the congestion does not satisfy the throughput threshold, another path for the UE device to use when communicating with the anchor station.), wherein the first pathway is partially wired and partially wireless ([¶0013]: wireless stations 120 may connect UE device 110 to other components of a radio access network (RAN) and a core network 140 using wireless and/or wired interfaces. Accordingly, Lee discloses that backhaul link B3 may be a wired connection and backhaul link B5 may be a wireless connection. As a result, the first pathway may be partially wired and partially wireless.);
determine a second pathway between the first client device and the second client device that will meet the predetermined service level… (Fig. 1, [¶0010]-[¶0012]: a second pathway between the UE 110-2 (“the first client device”) and a UE 110-3 (“the second client device) includes a wireless link A3, the IAB anchor 130, the backhaul link B5, the wireless station 120-4, and the wireless link A5. ([¶0056]: implementations described herein provide systems and methods for selecting optimal paths from UE devices to an IAB anchor station while taking into consideration signal quality on links in the paths, congestion on links in the path, the number of links/hops in the path, the type of application being executed, service level agreement (SLA) and quality of service (QoS) agreements. [¶0009]: in one exemplary implementation, the particular wireless path may be selected based on whether a direct link is available to the IAB anchor, as well as the channel quality and throughput for the direct link. ), wherein the second pathway is wireless ([¶0013]: Lee discloses that backhaul link B5 may be a wireless connection. As a result, the second pathway may be wireless.); and
cause the data traffic to flow on the second pathway ([¶0009]: in one exemplary implementation, the particular wireless path may be selected based on whether a direct link is available to the IAB anchor, as well as the channel quality and throughput for the direct link. Accordingly, Lee discloses that the data traffic flows on the second pathway after selection of the second pathway.).
Although Lee discloses that the second pathway is wireless, Lee does not specifically disclose wherein the second pathway does not pass through a fabric network. However, Hoang discloses wherein the second pathway is wireless and does not pass through a fabric network (Fig. 4, [¶0331]: a destination wireless transmit/receive unit (WTRU) has two paths between a source WTRU and the destination WTRU from which to select. A first path is a direct link between the source WTRU and the destination WTRU.).
Therefore, 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 second pathway (a wireless path) between the first client device and the second client device, as taught by Lee, to include a direct wireless path between the first client device and the second client device that does not pass through a fabric network, as taught by Hoang. Doing so allows for optimization of communication network resources by providing for direct communication between the first client device and the second client device without requiring the use of additional network resources. Further, a non-fabric network is conventionally known and it would be obvious to apply the teachings of Lee to a conventionally known network (sub)infrastructure.
Regarding claim 12, Lee in view of Hoang discloses all features of claim 10 as outlined above. Lee also discloses wherein a portion of the second pathway comprises a wireless path between a first Access Point (AP) to which the first client device is associated and a second AP to which the second client device is associated (Fig. 1, [0029]: Lee discloses that a pathway for the UE 110-2 to the IAB anchor 130 may also include the wireless station 120-3 associated with the UE 110-2, the backhaul link B4 ([¶0013]: Lee discloses that backhaul link B4 may be a wireless connection) and the wireless station 120-4 associated with the UE 110-3.)
Regarding claim 15, Lee discloses a computer-readable medium that stores a set of instructions which when executed perform a method executed by the set of instructions comprising ([¶0025]: in an exemplary implementation, device 200 performs operations in response to processor 220 executing sequences of instructions contained in a computer-readable medium):
determining that data traffic flowing on a first pathway between a first client device and a second client device (Fig. 1, [¶0010]-[¶0012]: a first pathway between a UE 110-2 (“a first client device”) and a UE 110-3 (“a second client device) includes a wireless link A4, a wireless station 120-3, a backhaul link B3, an integrated access a backhaul (IAB) anchor 130, a backhaul link B5, a wireless station 120-4, and a wireless link A5.) is not meeting a predetermined service level ([¶0056]: implementations described herein provide systems and methods for selecting optimal paths from UE devices to an IAB anchor station while taking into consideration signal quality on links in the paths, congestion on links in the path, the number of links/hops in the path, the type of application being executed, service level agreement (SLA) and quality of service (QoS) agreements. [Abstract]: the method may further include identifying, in response to determining that the signal quality does not satisfy the signal quality threshold or the congestion does not satisfy the throughput threshold, another path for the UE device to use when communicating with the anchor station.), wherein the first pathway is partially wired and partially wireless ([¶0013]: wireless stations 120 may connect UE device 110 to other components of a radio access network (RAN) and a core network 140 using wireless and/or wired interfaces. Accordingly, Lee discloses that backhaul link B3 may be a wired connection and backhaul link B5 may be a wireless connection. As a result, the first pathway is partially wired and partially wireless.);
determining a second pathway that will meet the predetermined service level (Fig. 1, [¶0010]-[¶0012]: a second pathway between the UE 110-2 (“the first client device”) and a UE 110-3 (“the second client device) includes a wireless link A3, the IAB anchor 130, the backhaul link B5, the wireless station 120-4, and the wireless link A5. ([¶0056]: implementations described herein provide systems and methods for selecting optimal paths from UE devices to an IAB anchor station while taking into consideration signal quality on links in the paths, congestion on links in the path, the number of links/hops in the path, the type of application being executed, service level agreement (SLA) and quality of service (QoS) agreements. [¶0009]: in one exemplary implementation, the particular wireless path may be selected based on whether a direct link is available to the IAB anchor, as well as the channel quality and throughput for the direct link. ), wherein the second pathway is wireless ([¶0013]: Lee discloses that backhaul link B5 may be a wireless connection. As a result, the second pathway may be wireless.); and
causing the data traffic to flow on the second pathway ([¶0009]: in one exemplary implementation, the particular wireless path may be selected based on whether a direct link is available to the IAB anchor, as well as the channel quality and throughput for the direct link. Accordingly, Lee discloses that the data traffic flows on the second pathway after selection of the second pathway.).
Although Lee discloses that the second pathway is wireless, Lee does not specifically disclose wherein the second pathway does not pass through a fabric network. However, Hoang discloses wherein the second pathway is wireless and does not pass through a fabric network (Fig. 4, [¶0331]: a destination wireless transmit/receive unit (WTRU) has two paths between a source WTRU and the destination WTRU from which to select. A first path is a direct link between the source WTRU and the destination WTRU.).
Therefore, 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 second pathway (a wireless path) between the first client device and the second client device, as taught by Lee, to include a direct wireless path between the first client device and the second client device that does not pass through a fabric network, as taught by Hoang. Doing so allows for optimization of communication network resources by providing for direct communication between the first client device and the second client device without requiring the use of additional network resources. Further, a non-fabric network is conventionally known and it would be obvious to apply the teachings of Lee to a conventionally known network (sub)infrastructure.
Regarding claim 17, Lee in view of Hoang discloses all features of claim 15 as outlined above. Lee also discloses wherein a portion of the second pathway comprises a wireless path between a first Access Point (AP) to which the first client device is associated and a second AP to which the second client device is associated (Fig. 1, [0029]: Lee discloses that a pathway for the UE 110-2 to the IAB anchor 130 may also include the wireless station 120-3 associated with the UE 110-2, the backhaul link B4 ([¶0013]: Lee discloses that backhaul link B4 may be a wireless connection) and the wireless station 120-4 associated with the UE 110-3.).
Regarding claims 2, 11, and 16, Lee in view of Hoang discloses all features of claims 1, 10, and 15 as outlined above.
Lee does not disclose wherein the second pathway comprises a wireless path directly between the first client device and the second client device. However, Hoang discloses wherein the second pathway comprises a wireless path directly between the first client device and the second client device (Fig. 4, [¶0331]: a destination wireless transmit/receive unit (WTRU) has two paths between a source WTRU and the destination WTRU from which to select. A first path is a direct link between the source WTRU and the destination WTRU.).
Therefore, 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 second pathway (a wireless path) between the first client device and the second client device, as taught by Lee, to include a direct wireless path between the first client device and the second client device, as taught by Hoang. Doing so allows for optimization of communication network resources by providing for communication between the first client device and the second client device without requiring the use of additional network resources.
Regarding claims 4, 13, and 18, Lee in view of Hoang discloses all features of claims 1, 10, and 15 as outlined above.
Lee does not disclose wherein the second pathway comprises a wireless path between a first Access Point (AP) to which the first client device is associated and a wireless path between the first AP to which the second client device is associated. However, Hoang discloses wherein the second pathway comprises a wireless path between a first Access Point (AP) to which the first client device is associated and a wireless path between the first AP to which the second client device is associated (Fig. 1A, [¶0020]: WTRUs 102a, 102b are each associated with and have a wireless path to a base station 114a. The base station 114a may be an access point (AP). Accordingly, Hoang discloses that a first client device and a second client device are both associated with a first AP.).
Therefore, 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 second pathway (a wireless path) between the first client device and the second client device, as taught by Lee, to include that the first client device and the second client device are associated with the same AP, as taught by Hoang. Doing so provides for optimization of communication network resources by allowing the first client device and the second client device to utilize the same AP.
Regarding claims 5, 14, and 19, Lee in view of Hoang discloses all features of claims 1, 10, and 15 as outlined above.
Although Lee discloses that wireless station 120 may include a relay (see Lee [¶0014]), Lee does not disclose, wherein the second pathway comprises a wireless path between the first client device and the second client device passing through a relay client device, However, Hoang discloses wherein the second pathway comprises a wireless path between the first client device and the second client device passing through a relay client device (Fig. 4, [¶0331]: a destination wireless transmit/receive unit (WTRU) has two paths between a source WTRU and the destination WTRU from which to select. A second path is via a relay WTRU between the source WTRU and the destination WTRU.).
Therefore, 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 second pathway (a wireless path) between the first client device and the second client device, as taught by Lee, to include a relay client device between the first client device and the second client device, as taught by Hoang. Doing so provides for optimization of communication network resources by allowing communication between the first client device and the second client device without using other network resources such as core network resources.
Regarding claim 6, Lee in view of Hoang discloses all features of claim 1 as outlined above.
Although Lee discloses a predetermined service level, Lee does not disclose wherein the predetermined service level comprises a predetermined reliability level. However, Hoang discloses wherein the predetermined service level comprises a predetermined reliability level ([¶0316]: a WTRU may determine to forward a message (e.g., a direct communication message) based on the QoS requirements of the service. For example, the WTRU may determine to relay the message based on any of various QoS parameters. The various QoS parameters may include any of: (i) priority, latency, reliability, and/or data rate associated with the service.).
Therefore, 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 predetermined service level, as taught by Lee, to include a predetermined reliability level, as taught by Hoang. Doing so provides for maintaining an acceptable level of reliability of the communication pathway to satisfy the service level agreement.
Regarding claim 7, Lee in view of Hoang discloses all features of claim 1 as outlined above.
Although Lee discloses a predetermined service level, Lee does not disclose wherein the predetermined service level comprises a predetermined latency level. However, Hoang discloses wherein the predetermined service level comprises a predetermined latency level ([¶0316]: a WTRU may determine to forward a message (e.g., a direct communication message) based on the QoS requirements of the service. For example, the WTRU may determine to relay the message based on any of various QoS parameters. The various QoS parameters may include any of: (i) priority, latency, reliability, and/or data rate associated with the service.).
Therefore, 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 predetermined service level, as taught by Lee, to include a predetermined latency level, as taught by Hoang. Doing so provides for maintaining an acceptable level of latency of the communication pathway to satisfy the service level agreement.
Regarding claim 20, Lee in view of Hoang discloses all features of claim 15 as outlined above.
Although Lee discloses a predetermined service level, Lee does not disclose wherein the predetermined service level comprises at least one of a predetermined reliability level and a predetermined latency level. However, Hoang discloses wherein the predetermined service level comprises at least one of a predetermined reliability level and a predetermined latency level ([¶0316]: a WTRU may determine to forward a message (e.g., a direct communication message) based on the QoS requirements of the service. For example, the WTRU may determine to relay the message based on any of various QoS parameters. The various QoS parameters may include any of: (i) priority, latency, reliability, and/or data rate associated with the service.).
Therefore, 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 predetermined service level, as taught by Lee, to include a predetermined reliability level or a predetermined latency level, as taught by Hoang. Doing so provides for maintaining an acceptable level of reliability or latency of the communication pathway to satisfy the service level agreement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sung et al. (US 10075217 B1) – Wireless User Equipment RF Relay Management.
Liu et al. (US 2017/0127344 A1) – Proxy Assisted NAN and Access Point Concurrent Operation.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W MADDOX whose telephone number is (571)272-5834. The examiner can normally be reached M-Th 7:30am-5:00pm, 1st F 7:30am-4:00pm, 2nd F off.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad M Nawaz can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL WAYNE MADDOX/Examiner, Art Unit 2463
/CHI TANG P CHENG/Primary Examiner, Art Unit 2463