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 . This office action is in response to an application filed on 09/22/2023. The applicant submits two Information Disclosure Statement dated 06/28/2023 and 04/01/2026. The applicant does not make a claim for Domestic or Foreign priority.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 25 of U.S. Patent No. 12,206,552. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same inventive concept of a system that communicated with the edge network during the operation of an autonomous vehicle using a radio network as well as the workload of the information between the various components associated with an edge network.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 34 of U.S. Patent No. 12,166,626. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same inventive concept of a system that communicated with the edge network during the operation of an autonomous vehicle using a radio network as well as the workload of the information between the various components associated with an edge network.
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)(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 – 9, 13, 15, and 18 - 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vivanco US 2022/0148434.
As per claim 1, An autonomous mobile radio access network (RAN) node comprising:
communication circuitry; (Vivanco paragraph 0024 discloses, “The flight control unit of the UAV 105 may include any appropriate avionics, control actuators, and/or other equipment, along with associated logic, circuitry, interfaces, memory, and/or code needed to facilitate aerial flight and navigation. For example, the flight control unit may include a global positioning system (GPS) that provides a current position of the UAV 105 (e.g., using three coordinates). The position information obtained from the GPS, together with position information of devices in communication with the UAV 105, may allow the UAV 105 to travel from the origination location 110 to the destination location 140.” And paragraph 0062 discloses, “In addition to processor 302 and memory 304, network device 300 may include an input/output system 306. Processor 302, memory 304, and input/output system 306 may be coupled together (coupling not shown in FIG. 6) to allow communications therebetween. Each portion of network device 300 may comprise circuitry for performing functions associated with each respective portion. Thus, each portion may comprise hardware, or a combination of hardware and software. Input/output system 306 may be capable of receiving or providing information from or to a communications device or other network entities configured for telecommunications.”)
instructions; (Vivanco paragraph 0024 discloses, “The flight control unit of the UAV 105 may include any appropriate avionics, control actuators, and/or other equipment, along with associated logic, circuitry, interfaces, memory, and/or code needed to facilitate aerial flight and navigation. For example, the flight control unit may include a global positioning system (GPS) that provides a current position of the UAV 105 (e.g., using three coordinates). The position information obtained from the GPS, together with position information of devices in communication with the UAV 105, may allow the UAV 105 to travel from the origination location 110 to the destination location 140.”) and
programmable circuitry to:
cause the communication circuitry to transmit a workload to a server via a network; (Vivanco paragraph 0070 discloses, “UE 414 generally runs one or more applications that engage in a transfer of packets between UE 414 and one or more external networks 406. Such packet transfers can include one of downlink packet transfers from external network 406 to UE 414, uplink packet transfers from UE 414 to external network 406 or combinations of uplink and downlink packet transfers. Applications can include, without limitation, web browsing, VoIP, streaming media, and the like. Each application can pose different Quality of Service (QoS) requirements on a respective packet transfer. Different packet transfers can be served by different bearers within core network 404, e.g., according to parameters, such as the QoS.”)
initiate local processing of the workload after a loss of connectivity with the server; (Vivanco paragraph 0056 discloses, “the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations in the flight plan is correct. At block 270, if the signal strength is not capable of maintaining connectivity to one or more anchor stations, the UAV may perform a handover to a base station which the UAV is capable of maintaining connectivity. At block 275, the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations can be re-established. IF connectivity to the one or more base stations can be re-established, the method returns to block 260. At block 280, if the signal strength is still not capable of maintaining connectivity to one or more anchor stations, the UAV may continue to utilize the current base station connected or perform another handover. The method then proceeds to block 290.”) and
move the autonomous mobile RAN node from a first location to a second location. (Vivanco paragraph 0024 discloses, “The flight control unit of the UAV 105 may include any appropriate avionics, control actuators, and/or other equipment, along with associated logic, circuitry, interfaces, memory, and/or code needed to facilitate aerial flight and navigation. For example, the flight control unit may include a global positioning system (GPS) that provides a current position of the UAV 105 (e.g., using three coordinates). The position information obtained from the GPS, together with position information of devices in communication with the UAV 105, may allow the UAV 105 to travel from the origination location 110 to the destination location 140.” And paragraph 0029 discloses, “The one or more base stations 125 include suitable logic, circuitry, interfaces, memory, or code that enable communications, e.g. with the user device 120, one or more other base stations 125, or the UAV management system 135, via wireless interfaces and one or more radio transceivers (e.g., antennas). The one or more base stations 125 may be a 4G radio access network (RAN), a 4G LTE RAN, or a 5G RAN. The UAV 105 may connect the one or more base stations 125 via an associated RAN intelligent controller (MC).”)
As per claim 2, The autonomous mobile RAN node of claim 1, wherein the programmable circuitry is to cause the communication circuitry to transmit a result of the local processing to the server to resume processing of the workload. (Vivanco paragraph 0060 discloses, “network device 300 that may be connected to or comprise a component of edge computing node or connected to edge computing node via a network. Network device 300 may comprise hardware or a combination of hardware and software. The functionality to facilitate telecommunications via a telecommunications network may reside in one or combination of network devices 300. Network device 300 depicted in FIG. 6 may represent or perform functionality of an appropriate network device 300, or combination of network devices 300, such as, for example, a component or various components of a cellular broadcast system wireless network, a processor, a server, a gateway, a node, a mobile switching center (MSC), a short message service center (SMSC), an ALFS, a gateway mobile location center (GMLC), a radio access network (RAN), a serving mobile location center (SMLC), or the like, or any appropriate combination thereof. It is emphasized that the block diagram depicted in FIG. 6 is exemplary and not intended to imply a limitation to a specific implementation or configuration. Thus, network device 300 may be implemented in a single device or multiple devices (e.g., single server or multiple servers, single gateway or multiple gateways, single controller, or multiple controllers). Multiple network entities may be distributed or centrally located. Multiple network entities may communicate wirelessly, via hard wire, or any appropriate combination thereof.”)
As per claim 3, The autonomous mobile RAN node of claim 1, wherein: the server is to begin to process the workload with an application; (Vivanco paragraph 0042 discloses, “The UAV management system 135 may utilize the coverage map to retrieve information associated with the base stations 125 to identify a particular base station or request information from a particular base station. The information may be utilized to determine performance characteristics associated with the particular base station 125. The performance characteristics may include, for example, accessibility (e.g., radio resource control (RRC) setup success rates), mobility (e.g., handover success rates), utilization rates, occupancy rate information, or other characteristics. For example, the utilization rate or occupancy rate information may include a ratio of an average amount of data traffic associated with the base station to a capacity of the base station (e.g., amount of data traffic that can be supported at any given time by the base station). In some cases, the performance characteristics may also include key performance indicators (KPIs) (e.g., accessibility, retainability, integrity, availability, or mobility associated with a 3GPP standard). The performance characteristics may also be used to generate flight plans. MIMO beam-steering data from the eNodeB or gNodeB could also be used to generate and improve the altitude- or route-specific coverage map.”) and
the programmable circuitry is to initiate the local processing with a local instance of the application. (Vivanco paragraph 0051 discloses, “the flight rules may force (e.g., instruct) connectivity to base station 165, the anchor base station, and prevent the UAV 155 from connecting to base station 151 or base station 153 while traversing from location 1 to location 2, even though base station 151 or base station 153 may have a higher signal strength than base station 165 when the UAV 155 is at or near location 1 or location 2. The selection of the initial anchor base station 165 may be in consideration of the entire flight route, coverage areas of each base station that may be encountered along the flight route, and signal strength for each base station at a given location and altitude along the flight route. Once base station 165 has been selected as the anchor base station, the UAV management system 135 may adjust the flight rules to reduce the variable s-measure value threshold in order to maintain connectivity to the anchor base station throughout the flight route or portion thereof (e.g., location 3, location 4, location 5, and location 6).”)
As per claim 4, The autonomous mobile RAN node of claim 1, wherein the programmable circuitry is to: receive the workload from a client device; (Vivanco paragraph 0042 discloses, “The UAV management system 135 may utilize the coverage map to retrieve information associated with the base stations 125 to identify a particular base station or request information from a particular base station. The information may be utilized to determine performance characteristics associated with the particular base station 125. The performance characteristics may include, for example, accessibility (e.g., radio resource control (RRC) setup success rates), mobility (e.g., handover success rates), utilization rates, occupancy rate information, or other characteristics. For example, the utilization rate or occupancy rate information may include a ratio of an average amount of data traffic associated with the base station to a capacity of the base station (e.g., amount of data traffic that can be supported at any given time by the base station). In some cases, the performance characteristics may also include key performance indicators (KPIs) (e.g., accessibility, retainability, integrity, availability, or mobility associated with a 3GPP standard). The performance characteristics may also be used to generate flight plans. MIMO beam-steering data from the eNodeB or gNodeB could also be used to generate and improve the altitude- or route-specific coverage map.”)
receive a prediction from the server; (Vivanco paragraph 0059 discloses, “The methodology may further keep track of when the UAV travels out of coverage of the long-lasting-anchor and estimate how close the UAV flight route trajectory was to a middle of a beam based on its trajectory, which may be used to predict a coverage of the long-lasting-anchor for subsequent UAVs that enter coverage for this long-lasting-anchor.”) and
forward the prediction to the client device. (Vivanco paragraph 0069 discloses, “During network operations, at least one base station 416 communicates directly with UE 414. Base station 416 can be an evolved Node B (eNodeB), with which UE 414 communicates over the air and wirelessly. UEs 414 can include, without limitation, wireless devices, e.g., satellite communication systems, portable digital assistants (PDAs), laptop computers, tablet devices, Internet-of-things (IoT) devices, and other mobile devices (e.g., cellular telephones, smart appliances, and so on). UEs 414 can connect to eNBs 416 when UE 414 is within range according to a corresponding wireless communication technology.”)
As per claim 5, The autonomous mobile RAN node of claim 4, wherein: the prediction is a first prediction; and the programmable circuitry is to: make a second prediction after the loss of connectivity with the server; (Vivanco paragraph 0056 discloses, “even in instances where the UAV is receiving signals from another base station having a higher signal strength. At block 265, while traversing the flight route using the flight rules, the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations in the flight plan is correct. At block 270, if the signal strength is not capable of maintaining connectivity to one or more anchor stations, the UAV may perform a handover to a base station which the UAV is capable of maintaining connectivity. At block 275, the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations can be re-established. IF connectivity to the one or more base stations can be re-established, the method returns to block 260. At block 280, if the signal strength is still not capable of maintaining connectivity to one or more anchor stations, the UAV may continue to utilize the current base station connected or perform another handover.”) and
provide the second prediction to the client device. (Vivanco paragraph 0059 discloses, “The methodology may further keep track of when the UAV travels out of coverage of the long-lasting-anchor and estimate how close the UAV flight route trajectory was to a middle of a beam based on its trajectory, which may be used to predict a coverage of the long-lasting-anchor for subsequent UAVs that enter coverage for this long-lasting-anchor.”)
As per claim 6, The autonomous mobile RAN node of claim 5, wherein the second prediction is based on at least one of (a) the local processing of the workload, or (b) telemetry data from client device. (Vivanco paragraph 0059 discloses, “The methodology may further keep track of when the UAV travels out of coverage of the long-lasting-anchor and estimate how close the UAV flight route trajectory was to a middle of a beam based on its trajectory, which may be used to predict a coverage of the long-lasting-anchor for subsequent UAVs that enter coverage for this long-lasting-anchor.”)
As per claim 7, The autonomous mobile RAN node of claim 1, wherein the programmable circuitry includes one or more of: at least one of a central processor unit, a graphics processor unit, or a digital signal processor, the at least one of the central processor unit, the graphics processor unit, or the digital signal processor having control circuitry to control data movement within the programmable circuitry, arithmetic and logic circuitry to perform one or more first operations corresponding to machine-readable data, and one or more registers to store a result of the one or more first operations, the machine-readable data in the mobile RAN node; (Vivanco paragraph 0098 discloses, “Computer system 500 may include a processor (or controller) 504 (e.g., a central processing unit (CPU)), a graphics processing unit (GPU, or both), a main memory 506 and a static memory 508, which communicate with each other via a bus 510. The computer system 500 may further include a display unit 512 (e.g., a liquid crystal display (LCD), a flat panel, or a solid-state display). Computer system 500 may include an input device 514 (e.g., a keyboard), a cursor control device 516 (e.g., a mouse), a disk drive unit 518, a signal generation device 520 (e.g., a speaker or remote control) and a network interface device 522. In distributed environments, the embodiments described in the subject disclosure can be adapted to utilize multiple display units 512 controlled by two or more computer systems 500. In this configuration, presentations described by the subject disclosure may in part be shown in a first of display units 512, while the remaining portion is presented in a second of display units 512.”)
a Field Programmable Gate Array (FPGA), the FPGA including logic gate circuitry, a plurality of configurable interconnections, and storage circuitry, the logic gate circuitry and the plurality of the configurable interconnections to perform one or more second operations, the storage circuitry to store a result of the one or more second operations; (Vivanco paragraph 0120 discloses, “the program code is received and loaded into and executed by a machine, such as an EPROM, a gate array, a programmable logic device (PLD), a client computer, or the like, the machine becomes an device for implementing telecommunications as described herein. When implemented on a general-purpose processor, the program code combines with the processor to provide a unique device that operates to invoke the functionality of a telecommunications system.”) or
Application Specific Integrated Circuitry (ASIC) including logic gate circuitry to perform one or more third operations. (Vivanco paragraph 0029 discloses, “The one or more base stations 125 include suitable logic, circuitry, interfaces, memory, or code that enable communications, e.g. with the user device 120, one or more other base stations 125, or the UAV management system 135, via wireless interfaces and one or more radio transceivers (e.g., antennas). The one or more base stations 125 may be a 4G radio access network (RAN), a 4G LTE RAN, or a 5G RAN. The UAV 105 may connect the one or more base stations 125 via an associated RAN intelligent controller (MC). The MC may include a set of functions and interfaces that allow for increased optimizations through policy-driven closed loop automation.”)
As per claim 8, An autonomous mobile radio access network (RAN) node comprising:
interface circuitry; (Vivanco paragraph 0029 discloses, “The UAV 105 may connect the one or more base stations 125 via an associated RAN intelligent controller (MC). The MC may include a set of functions and interfaces that allow for increased optimizations through policy-driven closed loop automation.”)
instructions; (Vivanco paragraph 0024 discloses, “The flight control unit of the UAV 105 may include any appropriate avionics, control actuators, and/or other equipment, along with associated logic, circuitry, interfaces, memory, and/or code needed to facilitate aerial flight and navigation. For example, the flight control unit may include a global positioning system (GPS) that provides a current position of the UAV 105 (e.g., using three coordinates). The position information obtained from the GPS, together with position information of devices in communication with the UAV 105, may allow the UAV 105 to travel from the origination location 110 to the destination location 140.”) and
programmable circuitry to:
cause communication of a workload from a client device to a server to process the workload; (Vivanco paragraph 0070 discloses, “UE 414 generally runs one or more applications that engage in a transfer of packets between UE 414 and one or more external networks 406. Such packet transfers can include one of downlink packet transfers from external network 406 to UE 414, uplink packet transfers from UE 414 to external network 406 or combinations of uplink and downlink packet transfers. Applications can include, without limitation, web browsing, VoIP, streaming media, and the like. Each application can pose different Quality of Service (QoS) requirements on a respective packet transfer. Different packet transfers can be served by different bearers within core network 404, e.g., according to parameters, such as the QoS.”)
identify a second location relative to a first location of the mobile RAN node based on network performance; (Vivanco paragraph 0056 discloses, “the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations in the flight plan is correct. At block 270, if the signal strength is not capable of maintaining connectivity to one or more anchor stations, the UAV may perform a handover to a base station which the UAV is capable of maintaining connectivity. At block 275, the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations can be re-established. IF connectivity to the one or more base stations can be re-established, the method returns to block 260. At block 280, if the signal strength is still not capable of maintaining connectivity to one or more anchor stations, the UAV may continue to utilize the current base station connected or perform another handover. The method then proceeds to block 290.”) and
cause the autonomous mobile RAN node to move from the first location to the second location. (Vivanco paragraph 0024 discloses, “The flight control unit of the UAV 105 may include any appropriate avionics, control actuators, and/or other equipment, along with associated logic, circuitry, interfaces, memory, and/or code needed to facilitate aerial flight and navigation. For example, the flight control unit may include a global positioning system (GPS) that provides a current position of the UAV 105 (e.g., using three coordinates). The position information obtained from the GPS, together with position information of devices in communication with the UAV 105, may allow the UAV 105 to travel from the origination location 110 to the destination location 140.” And paragraph 0029 discloses, “The one or more base stations 125 include suitable logic, circuitry, interfaces, memory, or code that enable communications, e.g. with the user device 120, one or more other base stations 125, or the UAV management system 135, via wireless interfaces and one or more radio transceivers (e.g., antennas). The one or more base stations 125 may be a 4G radio access network (RAN), a 4G LTE RAN, or a 5G RAN. The UAV 105 may connect the one or more base stations 125 via an associated RAN intelligent controller (MC).”)
As per claim 9, The autonomous mobile RAN node of claim 8, wherein the network performance is based on (a) a quality of service (QoS) agreement, (b) connectivity between the client device and the mobile RAN node, and (c) connectivity between the mobile RAN node and the server. (Vivanco paragraph 0059 discloses, “The methodology may further keep track of when the UAV travels out of coverage of the long-lasting-anchor and estimate how close the UAV flight route trajectory was to a middle of a beam based on its trajectory, which may be used to predict a coverage of the long-lasting-anchor for subsequent UAVs that enter coverage for this long-lasting-anchor.” And paragraph 0024 and paragraph 0029)
As per claim 13, The autonomous mobile RAN node of claim 8, wherein:
the autonomous mobile RAN node is a first autonomous mobile RAN node; (Vivanco paragraph 0024) and
to identify the second location, the programmable circuitry is to negotiate with a second autonomous mobile RAN node to mitigate interference between the first autonomous mobile RAN node and the second autonomous mobile RAN node at the second location. (Vivanco paragraph 0024 and 0029)
As per claim 15, The autonomous mobile RAN node of claim 8, wherein:
the workload is a second workload; (Vivanco paragraph 0024 and 0029)
the second workload has a data rate greater than a first workload, the first workload received from the client device before the second workload; (Vivanco paragraph 0024 and 0029) and
the second location is closer to the client device than the first location. (Vivanco paragraph 0024 and 0029)
As per claim 18, A method comprising:
transmitting, with an autonomous mobile radio access network (RAN) node, a workload to a server via a network; (Vivanco paragraphs 0042 and 0060)
initiating, with the autonomous mobile RAN node, local processing of the workload with after a loss of connectivity with the server; (Vivanco paragraph 0056 discloses, “the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations in the flight plan is correct. At block 270, if the signal strength is not capable of maintaining connectivity to one or more anchor stations, the UAV may perform a handover to a base station which the UAV is capable of maintaining connectivity. At block 275, the UAV may determine whether a signal strength capable of maintaining connectivity to one or more anchor base stations can be re-established. IF connectivity to the one or more base stations can be re-established, the method returns to block 260. At block 280, if the signal strength is still not capable of maintaining connectivity to one or more anchor stations, the UAV may continue to utilize the current base station connected or perform another handover. The method then proceeds to block 290.”) and
moving the autonomous mobile RAN node from a first location to a second location. (Vivanco paragraph 0024 discloses, “The flight control unit of the UAV 105 may include any appropriate avionics, control actuators, and/or other equipment, along with associated logic, circuitry, interfaces, memory, and/or code needed to facilitate aerial flight and navigation. For example, the flight control unit may include a global positioning system (GPS) that provides a current position of the UAV 105 (e.g., using three coordinates). The position information obtained from the GPS, together with position information of devices in communication with the UAV 105, may allow the UAV 105 to travel from the origination location 110 to the destination location 140.” And paragraph 0029 discloses, “The one or more base stations 125 include suitable logic, circuitry, interfaces, memory, or code that enable communications, e.g. with the user device 120, one or more other base stations 125, or the UAV management system 135, via wireless interfaces and one or more radio transceivers (e.g., antennas). The one or more base stations 125 may be a 4G radio access network (RAN), a 4G LTE RAN, or a 5G RAN. The UAV 105 may connect the one or more base stations 125 via an associated RAN intelligent controller (MC).”)
As per claim 19, The method of claim 18, further including transmitting, with the autonomous mobile RAN node, a result of the local processing to the server to resume processing of the workload. (Vivanco paragraphs 0042 and 0060)
As per claim 20, The method of claim 18, wherein:
the server begins to process the workload with an application; (Vivanco paragraphs 0042 and 0060) and
the method further includes, initiating, on the autonomous mobile RAN node, the local processing with a local instance of the application. (Vivanco paragraphs 0042 and 0060)
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 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.
Claims 10 – 12, 14, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Vivanco US 2022/0148434 in view of Yeh US 2022/0014963.
As per claim 10, The autonomous mobile RAN node of claim 8, wherein the programmable circuitry is to execute a machine learning model to identify the second location. (Vivanco paragraph 0024) and (Yeh paragraph 0031 and 0561)
Vivanco discloses a system and method for selecting long-lasting anchor base stations for unmanned aerial vehicles. Vivanco does not disclose machine learning model to identify a second location. Yeh teaches the reinforcement learning for multi-access traffic through machine learning and training of models. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Yeh et.al. into the invention of Vivanco. Such incorporation is motivated by the need to ensure positive control of a unmanned aerial vehicle from a start location to a destination.
As per claim 11, The autonomous mobile RAN node of claim 10, wherein the programmable circuitry is to, prior to execution, train the machine learning model based on the network performance. (Yeh paragraph 0031 and 0561)
Vivanco discloses a system and method for selecting long-lasting anchor base stations for unmanned aerial vehicles. Vivanco does not disclose machine learning model to identify a second location. Yeh teaches the reinforcement learning for multi-access traffic through machine learning and training of models. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Yeh et.al. into the invention of Vivanco. Such incorporation is motivated by the need to ensure positive control of a unmanned aerial vehicle from a start location to a destination.
As per claim 12, The autonomous mobile RAN node of claim 11, wherein the programmable circuitry is to train the machine learning model based on reinforcement learning. (Yeh paragraph 0079 and 0296)
Vivanco discloses a system and method for selecting long-lasting anchor base stations for unmanned aerial vehicles. Vivanco does not disclose machine learning model to identify a second location. Yeh teaches the reinforcement learning for multi-access traffic through machine learning and training of models. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Yeh et.al. into the invention of Vivanco. Such incorporation is motivated by the need to ensure positive control of a unmanned aerial vehicle from a start location to a destination.
As per claim 14, The autonomous mobile RAN node of claim 8, wherein the second location is closer to the client device than the first location to cause the client device to conserve battery power. (Yeh paragraph 0038 teaches, “To improve its performance, the agent 140 is provided with feedback on whether the agent 140 is achieving its objective (e.g., improving network conditions, conserving network and/or computing resources, etc.);” and paragraph 0442)
Vivanco discloses a system and method for selecting long-lasting anchor base stations for unmanned aerial vehicles. Vivanco does not disclose machine learning model to identify a second location. Yeh teaches the reinforcement learning for multi-access traffic through machine learning and training of models. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Yeh et.al. into the invention of Vivanco. Such incorporation is motivated by the need to ensure positive control of a unmanned aerial vehicle from a start location to a destination.
As per claim 16, The autonomous mobile RAN node of claim 8, wherein:
the client device has a higher power budget than the autonomous mobile RAN node; (Yeh paragraph 0081 and 0153) and
the second location is closer to a device implementing a backhaul connection to the server than the first location. (Yeh paragraph 0084 and 0153)
Vivanco discloses a system and method for selecting long-lasting anchor base stations for unmanned aerial vehicles. Vivanco does not disclose machine learning model to identify a second location. Yeh teaches the reinforcement learning for multi-access traffic through machine learning and training of models. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Yeh et.al. into the invention of Vivanco. Such incorporation is motivated by the need to ensure positive control of a unmanned aerial vehicle from a start location to a destination.
As per claim 17, The autonomous mobile RAN node of claim 8, wherein the programmable circuitry includes one or more of:
at least one of a central processor unit, a graphics processor unit, or a digital signal processor, the at least one of the central processor unit, the graphics processor unit, or the digital signal processor having control circuitry to control data movement within the programmable circuitry, arithmetic and logic circuitry to perform one or more first operations corresponding to machine-readable data, and one or more registers to store a result of the one or more first operations, the machine-readable data in the mobile RAN node;
a Field Programmable Gate Array (FPGA), the FPGA including logic gate circuitry, a plurality of configurable interconnections, and storage circuitry, the logic gate circuitry and the plurality of the configurable interconnections to perform one or more second operations, the storage circuitry to store a result of the one or more second operations; (Yeh paragraph 0509 teaches, “A component or module may also be implemented in programmable hardware devices such as field programmable gate arrays, programmable array logic, programmable logic devices, or the like. Components or modules may also be implemented in software for execution by various types of processors.”) or
Application Specific Integrated Circuitry (ASIC) including logic gate circuitry to perform one or more third operations. (Yeh paragraph 0215 teaches, “Each ingredient may involve use of one or more accelerator (FPGA, ASIC) components as a local backend.”)
Vivanco discloses a system and method for selecting long-lasting anchor base stations for unmanned aerial vehicles. Vivanco does not disclose machine learning model to identify a second location. Yeh teaches the reinforcement learning for multi-access traffic through machine learning and training of models. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Yeh et.al. into the invention of Vivanco. Such incorporation is motivated by the need to ensure positive control of a unmanned aerial vehicle from a start location to a destination.
Conclusion
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/TYLER D PAIGE/Primary Examiner, Art Unit 3664
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