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 .
Applicant’s election with traverse of claims 1-15 in the reply filed on 04/10/2026 is acknowledged. The traversal is not found persuasive because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement.
Accordingly, claims 1-15 are currently presenting for examination and claims 16-20 are withdrawn.
Claim Status
Claims 1-15 are currently presenting for examination.
Claims 16-20 are withdrawn.
This action has been made NON-FINAL.
Claim Interpretation
Examiner would like to states for the record the following regarding claim 12.
For claim 12, Examiner interprets the phrase “the processor corresponds to a control function” to mean the processor (a physical hardware component) acts as a control function.
Claim Objections
Claims 1, 11, 14 are objected to because of the following reasons:
For claims 1, 11, 14, the term “utililization” is unclear. Possible typographical error. Examiner recommends Applicants to amend it to “utilization”.
Also for claim 14, the term “utlization” is unclear. Possible typographical error. Examiner recommends Applicants to amend it to “utilization”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bor-Yaliniz, US 20200044943.
For claim 1. Bor-Yaliniz teaches: A method, comprising:
receiving, by a control function of a communication network from a distribution function of the communication network, a status message comprising a resource utililization indication corresponding to a resource slice and indicative of a utilization of at least one resource with respect to the resource slice; (Bor-Yaliniz, paragraph 73, “Another example of a service that CSM offers is Real-time network slice status monitoring functionality that may include: network slice status related data collection; network slice status analysis based on policies; monitoring of the network slice status based on policy; network slice status control notification; and network slice status data storage. Examples of network slice status related data may include link usage, traffic distribution, and node load. The monitoring may be configured to determine, for example, that network or network slices components status, such as load or congestion levels are violated. The monitoring may be configured to detect that pre-defined monitoring events (e.g. based on threshold, conditions, time) are triggered. An example of network slice status control notification may include reporting to the network controller. The network slice status control notification may be used to help the network controller generate to new network policy, and to help the network controller in performing load balancing, steering traffic flows, scheduling, and resource allocation.”; fig 8, paragraph 102-109, “CSM collects 800 performance data from DAM/DB. CSM evaluates 805 the performance/status/user context data. Based on the evaluation, a determination 810 is made as to whether an event is triggered (e.g. if the evaluation yields a numerical result above a threshold)… If a determination 825 is made that the violation event counter value is larger than a threshold 825, the violation event is also reported 830 to the NSM… The performance data may be indicative of performance of a network slice and/or a communication service (e.g. CSI) provided by the communication network… As another example, if excessive resources (relative to an expected baseline) are required to deliver a service, the performance may be deemed deficient from an operational and network management point of view… NSM receives 860 an event report from the CSM… NSM then modifies 865 the network slice… For example, the NSM can adjust factors such as amounts of resources allocated to the network slice.”)
analyzing, by the control function, the utilization of the at least one resource with respect to the resource slice to result in an analyzed utilization; based on the analyzed utilization, determining, by the control function, an allocation of the at least one resource with respect to the resource slice to result in a determined allocation; and transmitting, by the control function to the distribution function, an allocation message comprising a determined allocation indication indicative of the determined allocation, wherein the determined allocation is to be used to facilitate performing, by the distribution function, a resource assignment action. (Bor-Yaliniz, paragraph 73, “The network slice status control notification may be used to help the network controller generate to new network policy, and to help the network controller in performing load balancing, steering traffic flows, scheduling, and resource allocation.”; fig 8, paragraph 102-109, “NSM receives 860 an event report from the CSM. NSM then modifies 865 the network slice. NSM also informs 870 the NSC and CSM with updated slice information (onboarding new specifications)… For example, the NSM can adjust factors such as amounts of resources allocated to the network slice.”)
For claim 2. Bor-Yaliniz discloses all the limitations of claim 1, and Bor-Yaliniz further teaches: wherein the at least one resource is a physical resource block. (Bor-Yaliniz, paragraph 226, “CSM/SON collects performance data and analysis. For example, if network-slice load or the load of a specific network slice segment is needed, it is requested from DAMSP. Note that for the message to DAMSP, which aspect of load is determined. From performance management service provider (PMSP), KPIs, including utilization percentage of virtual resources, or measurements, including total uplink PRB usage of a DU and CU, and SMF, AMF and UPF measurements can be obtained. CPNFs such as SMF and AMF can provide UE mobility event notifications, and UE behavior statistics.”)
For claim 3. Bor-Yaliniz discloses all the limitations of claim 1, and Bor-Yaliniz further teaches: wherein the at least one resource is a portion of a physical resource block. (Bor-Yaliniz, paragraph 226, “CSM/SON collects performance data and analysis. For example, if network-slice load or the load of a specific network slice segment is needed, it is requested from DAMSP. Note that for the message to DAMSP, which aspect of load is determined. From performance management service provider (PMSP), KPIs, including utilization percentage of virtual resources, or measurements, including total uplink PRB usage of a DU and CU, and SMF, AMF and UPF measurements can be obtained. CPNFs such as SMF and AMF can provide UE mobility event notifications, and UE behavior statistics.”)
For claim 9. Bor-Yaliniz discloses all the limitations of claim 1, and Bor-Yaliniz further teaches: wherein the control function and the distribution function are components of a radio access network node of the communication network. (Bor-Yaliniz, paragraph 57, “It should be noted that the network controllers can be one or more of: SDN controllers, central units (CUs) and distributed units (DUs) in Radio Access Network (RAN), 5G control plane functions (CPFs) such as session management function (SMF), policy control function (PCF), Access and Mobility Management function (AMF), network slice selection function (NSSF).”)
For claim 10. Bor-Yaliniz discloses all the limitations of claim 1, and Bor-Yaliniz further teaches: wherein the control function is a component of a radio access network node intelligent controller of the communication network. (Bor-Yaliniz, paragraph 57, “It should be noted that the network controllers can be one or more of: SDN controllers, central units (CUs) and distributed units (DUs) in Radio Access Network (RAN), 5G control plane functions (CPFs) such as session management function (SMF), policy control function (PCF), Access and Mobility Management function (AMF), network slice selection function (NSSF).”; paragraph 79, “As illustrated, Local CSMs may be deployed in RAN, TN or CN subnets, Access Nodes, Links, or network functions, or a combination thereof.”)
For claim 11. Bor-Yaliniz teaches: A radio access network node, comprising: a processor, configured to: (Bor-Yaliniz, paragraph 307-311)
facilitate transmission of a status request message to a distribution function; (Bor-Yaliniz, fig 8, paragraph 102-109, “In some embodiments, and in support of the above, the NSM/NSC creates a monitoring job at the CSM.”; fig 6, paragraph 100 “NSC/NSM 600 sends 625 a monitoring job creation message (including a defined monitoring policy) to CSM 605.”)
responsive to the status request message, receive, from the distribution function, a status message comprising a resource utililization indication corresponding to a resource slice and indicative of a utilization of radio resources with respect to the resource slice; (Bor-Yaliniz, paragraph 73, “Another example of a service that CSM offers is Real-time network slice status monitoring functionality that may include: network slice status related data collection; network slice status analysis based on policies; monitoring of the network slice status based on policy; network slice status control notification; and network slice status data storage. Examples of network slice status related data may include link usage, traffic distribution, and node load. The monitoring may be configured to determine, for example, that network or network slices components status, such as load or congestion levels are violated. The monitoring may be configured to detect that pre-defined monitoring events (e.g. based on threshold, conditions, time) are triggered. An example of network slice status control notification may include reporting to the network controller. The network slice status control notification may be used to help the network controller generate to new network policy, and to help the network controller in performing load balancing, steering traffic flows, scheduling, and resource allocation.”; fig 8, paragraph 102-109, “CSM collects 800 performance data from DAM/DB. CSM evaluates 805 the performance/status/user context data. Based on the evaluation, a determination 810 is made as to whether an event is triggered (e.g. if the evaluation yields a numerical result above a threshold)… If a determination 825 is made that the violation event counter value is larger than a threshold 825, the violation event is also reported 830 to the NSM… The performance data may be indicative of performance of a network slice and/or a communication service (e.g. CSI) provided by the communication network… As another example, if excessive resources (relative to an expected baseline) are required to deliver a service, the performance may be deemed deficient from an operational and network management point of view… NSM receives 860 an event report from the CSM… NSM then modifies 865 the network slice… For example, the NSM can adjust factors such as amounts of resources allocated to the network slice.”)
analyze the utilization of the radio resources with respect to the resource slice to result in an analyzed utilization; based on the analyzed utilization, determine an allocation of at least one resource of the radio resources with respect to the resource slice to result in a determined allocation; and facilitate transmission to a user equipment of a resource assignment action message that is based on the determined allocation. (Bor-Yaliniz, paragraph 73, “The network slice status control notification may be used to help the network controller generate to new network policy, and to help the network controller in performing load balancing, steering traffic flows, scheduling, and resource allocation.”; fig 8, paragraph 102-109, “NSM receives 860 an event report from the CSM. NSM then modifies 865 the network slice. NSM also informs 870 the NSC and CSM with updated slice information (onboarding new specifications)… For example, the NSM can adjust factors such as amounts of resources allocated to the network slice.”; paragraph 222, “The service requirements include percentage of users satisfied, the bandwidth requirements, service areas, capacity for each geographical area (e.g., in terms of users that can be supported), service type, UE mobility, service latency requirements, policies, reliability requirements (e.g., % time/location availability), priority, required service functions and other service-level requirements. The resource requirements include the following and more: network function requirements (in relation to service type), network link and function capacity requirements (per slice and/or per geographical area), transport requirements, priority, network function topology, policies, service chains, UE mobility requirements, network function IDs, utilization percentage, amount/percentage of redundant resources (in relation to reliability) and other resource-related requirements.”)
For claim 12. Bor-Yaliniz discloses all the limitations of claim 11, and Bor-Yaliniz further teaches: wherein the processor corresponds to a control function. (Bor-Yaliniz, paragraph 307-311)
For claim 13. Bor-Yaliniz discloses all the limitations of claim 11, and Bor-Yaliniz further teaches: wherein the status message further comprises a capacity corresponding to the resource slice, and wherein the determined allocation is further determined based on the capacity corresponding to the resource slice. (Bor-Yaliniz, paragraph 73, “Another example of a service that CSM offers is Real-time network slice status monitoring functionality that may include: network slice status related data collection; network slice status analysis based on policies; monitoring of the network slice status based on policy; network slice status control notification; and network slice status data storage. Examples of network slice status related data may include link usage, traffic distribution, and node load. The monitoring may be configured to determine, for example, that network or network slices components status, such as load or congestion levels are violated. The monitoring may be configured to detect that pre-defined monitoring events (e.g. based on threshold, conditions, time) are triggered. An example of network slice status control notification may include reporting to the network controller. The network slice status control notification may be used to help the network controller generate to new network policy, and to help the network controller in performing load balancing, steering traffic flows, scheduling, and resource allocation.”; fig 8, paragraph 102-109, “CSM collects 800 performance data from DAM/DB. CSM evaluates 805 the performance/status/user context data. Based on the evaluation, a determination 810 is made as to whether an event is triggered (e.g. if the evaluation yields a numerical result above a threshold)… If a determination 825 is made that the violation event counter value is larger than a threshold 825, the violation event is also reported 830 to the NSM… The performance data may be indicative of performance of a network slice and/or a communication service (e.g. CSI) provided by the communication network… As another example, if excessive resources (relative to an expected baseline) are required to deliver a service, the performance may be deemed deficient from an operational and network management point of view… NSM receives 860 an event report from the CSM… NSM then modifies 865 the network slice… For example, the NSM can adjust factors such as amounts of resources allocated to the network slice.”)
For claim 14. Bor-Yaliniz discloses all the limitations of claim 11, and Bor-Yaliniz further teaches: wherein the radio resources are first radio resources, wherein the resource slice is a first resource slice, wherein the utilization of the radio resources with respect to the resource slice is a first utlization, wherein the analyzed utilization is a first analyzed utilization, wherein the resource utililization indication is a first resource utilization indication, wherein the status message further comprises a second resource utilization indication corresponding to a second resource slice and is indicative of a second utilization of second radio resources with respect to the second resource slice, and wherein the processor is further configured to: analyze the second utilization of at least one radio resource of the second radio resources with respect to the second resource slice to result in a second analyzed utilization, wherein the determined allocation is further determined based on the second analyzed utilization. (Bor-Yaliniz, paragraph 73, “Another example of a service that CSM offers is Real-time network slice status monitoring functionality that may include: network slice status related data collection; network slice status analysis based on policies; monitoring of the network slice status based on policy; network slice status control notification; and network slice status data storage. Examples of network slice status related data may include link usage, traffic distribution, and node load. The monitoring may be configured to determine, for example, that network or network slices components status, such as load or congestion levels are violated. The monitoring may be configured to detect that pre-defined monitoring events (e.g. based on threshold, conditions, time) are triggered. An example of network slice status control notification may include reporting to the network controller. The network slice status control notification may be used to help the network controller generate to new network policy, and to help the network controller in performing load balancing, steering traffic flows, scheduling, and resource allocation.”; fig 8, paragraph 102-109, “CSM collects 800 performance data from DAM/DB. CSM evaluates 805 the performance/status/user context data. Based on the evaluation, a determination 810 is made as to whether an event is triggered (e.g. if the evaluation yields a numerical result above a threshold)… If a determination 825 is made that the violation event counter value is larger than a threshold 825, the violation event is also reported 830 to the NSM… The performance data may be indicative of performance of a network slice and/or a communication service (e.g. CSI) provided by the communication network… As another example, if excessive resources (relative to an expected baseline) are required to deliver a service, the performance may be deemed deficient from an operational and network management point of view… NSM receives 860 an event report from the CSM… NSM then modifies 865 the network slice… For example, the NSM can adjust factors such as amounts of resources allocated to the network slice.”)
For claim 15. Bor-Yaliniz discloses all the limitations of claim 14, and Bor-Yaliniz further teaches: wherein the status message further comprises a first capacity corresponding to the first resource slice and a second capacity corresponding to the second resource slice, and wherein the determined allocation is further determined based on the first capacity and the second capacity. (Bor-Yaliniz, paragraph 73, “Another example of a service that CSM offers is Real-time network slice status monitoring functionality that may include: network slice status related data collection; network slice status analysis based on policies; monitoring of the network slice status based on policy; network slice status control notification; and network slice status data storage. Examples of network slice status related data may include link usage, traffic distribution, and node load. The monitoring may be configured to determine, for example, that network or network slices components status, such as load or congestion levels are violated. The monitoring may be configured to detect that pre-defined monitoring events (e.g. based on threshold, conditions, time) are triggered. An example of network slice status control notification may include reporting to the network controller. The network slice status control notification may be used to help the network controller generate to new network policy, and to help the network controller in performing load balancing, steering traffic flows, scheduling, and resource allocation.”; fig 8, paragraph 102-109, “CSM collects 800 performance data from DAM/DB. CSM evaluates 805 the performance/status/user context data. Based on the evaluation, a determination 810 is made as to whether an event is triggered (e.g. if the evaluation yields a numerical result above a threshold)… If a determination 825 is made that the violation event counter value is larger than a threshold 825, the violation event is also reported 830 to the NSM… The performance data may be indicative of performance of a network slice and/or a communication service (e.g. CSI) provided by the communication network… As another example, if excessive resources (relative to an expected baseline) are required to deliver a service, the performance may be deemed deficient from an operational and network management point of view… NSM receives 860 an event report from the CSM… NSM then modifies 865 the network slice… For example, the NSM can adjust factors such as amounts of resources allocated to the network slice.”)
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bor-Yaliniz, US 20200044943 in view of Xing, US 20210368379.
For claim 8. Bor-Yaliniz discloses all the limitations of claim 1, however Bor-Yaliniz doesn’t teach: wherein the resource slice is a first resource slice, wherein a first bandwidth part facilitates the first resource slice, wherein a second bandwidth part facilitates a second resource slice, and wherein the at least one resource is sharable between the first bandwidth part and the second bandwidth part.
Xing from the same or similar fields of endeavor teaches: wherein the resource slice is a first resource slice, wherein a first bandwidth part facilitates the first resource slice, wherein a second bandwidth part facilitates a second resource slice, and wherein the at least one resource is sharable between the first bandwidth part and the second bandwidth part. (Xing, paragraph 45-46, “Resources of the access network can also be divided into different bandwidth parts 114. For example, different subsets of physical resource blocks associated with spectrum supported by the network access point 104 can be allocated to different bandwidth parts 114 of an allocated channel bandwidth (CBW). Bandwidth parts 114 can also be referred to as “BWPs.” Bandwidth parts 114 are discussed in more detail below with respect to FIGS. 2-4. Spectrum supported by the network access point 104 can thus be allocated to different network slices 112 and also be allocated to different bandwidth parts 114 that may align with the network slices 112. In some examples, multiple bandwidth parts 114 can support multiple network slices 112. For instance, individual network slices 112 may be associated with different bandwidth parts 114. In other examples, multiple bandwidth parts 114 can support a single network slice 112. In still other examples, a single bandwidth part 114 can support or share multiple network slices 112.”; fig 8, paragraph 76-78, “FIG. 8 shows a third example in which a single bandwidth part can support multiple network slices. In the example of FIG. 8, frequencies associated with a bandwidth part 802 can span portions of frequencies that have been allocated among multiple network slices, such as a first network slice 804A and a second network slice 804B. Although FIG. 8 shows a single bandwidth part 802 that aligns with two network slices, in other examples a single bandwidth part 802 may span frequencies allocated to three or more network slices.”; please notes, the claim language doesn’t state that a first bandwidth part and a second bandwidth part are different from each other)
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Xing into Bor-Yaliniz, since Bor-Yaliniz suggests a technique for managing resources for slices, and Xing suggests the beneficial way of including into such technique dividing resources into different bandwidth parts and aligning a single bandwidth part with two slices since its well-known in the art that single bandwidth part can support multiple network slices (Xing, paragraph 45-46) thus doing so would ease implementation and improve compatibility in the art in the analogous art of communication.
Allowable Subject Matter
Claims 4-7 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
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/KHOA HUYNH/Primary Examiner, Art Unit 2462
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