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 Amendment
Claims 1-20 have been amended. The status of claim 1-20 remains pending.
Response to Arguments
Applicant's arguments filed on January 14, 2026 have been fully considered but they are not persuasive.
The Applicant argued that GRINSHPUN ‘808 fails to disclose or suggest “identifying an average throughput for terminals in the network slice based on the indication message" and "identifying a size of resources allocated for the network slice based on the average throughput and a reference throughput."
In response, the Examiner respectfully disagrees because GRINSHPUN ‘808 under the broadest reasonable interpretation substantially discloses the applicant claim invention. Moreover, to address the aforementioned amendment, a new ground of rejection has been made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over GRINSHPUN et al (US 2025/0016808 A1) in view of Atawia et al (US 2023/0217313 A1).
Regarding claim 1 (Currently Amended), GRINSHPUN et al (US 2025/0016808 A1) discloses a method performed by a near-real time (RT) radio access network intelligent controller (RIC) (see, near-RT RCI which obtains metadata from E2 node, section 0004, 0007), the method comprising: receiving, from an E2 node (see, near-RT RCI which obtains metadata from E2 node, section 0004, 0007), an indication message including information on a slice (see, network slice configured for UEs running a given application type, the network slice on a cell carrier, section 0040, noted: the periodic reports sends by the E2 node is related to the configuration, the reports relate to metadata may include aggregate per slice, the application types that UEs are running which may be identified, section 0040-0046) on a network slice associated with a cell (see, policies which contain parameters, amount of resources per cell to application of a given type, maximum throughputs section 0026-0028); identifying an[[ average]] throughput for terminals in the network slice based on the indication message (see, aggregate amount of spectral resources (e.g., PRBs/sec) that may be allocated to UE flows on the network slice in a given cell carrier, section 0040, noted: the E2 node performs policy enforcement on the UEs); identifying a size of resources allocated for the slice based on the network slice based on the [[average]] throughput and reference throughput (see, aggregate amount of spectral resources (e.g., PRBs/sec) that may be allocated to UE flows on the network slice in a given cell carrier, section 0040); and transmitting, to the E2 node (see, the Near-RT RCI may send per UE guidance policies to the E2 nodes for enforcement, section 0047), a control message (see, E2 control messages installed in the E2 node on ore or more polices, section 070) including information on the size of the resources (see, the enforcement relates policies that are associated with amount of spectral resources per cell/sector, PRBs/sec, section 0026-0027, 0040).
GRINSHPUN ‘808 discloses all the claim limitations in the above rejection but fails to explicitly disclose: identifying an average throughput for terminals in the network slice based on the indication message; identifying a size of resources allocated for the slice based on the network slice based on the average throughput and reference throughput, transmitting , to the E2 node, a control message including information on the size of the resources.
Atawia ‘313 from a similar field of endeavor discloses: identifying an average throughput (see, average cell throughput, minimum bit rates in relation to users admitted to cell, section 0055-0056) for terminals in the network slice based on the indication message (see, minimum bit rate values, maximum number of PRBs that can be allocated to UE or slice, allocating of spectrum resources among the UE, section 006-0067, noted: there a plurality of UEs in the network, section 0062-0064), receiving, from the near-RT RCI (see, the controller associated with near-RT-RCI , exchanges with DU scheduler, including network load information, cell throughput targets, section 0047-0051), identifying a size of resources allocated for the network slice (see, receiving via E2 interface of the radio access network, cell throughput, minimum bit rate to the first UE and second minimum bit rate for the second UE, and quantity of PRBs allocated to the UE, section 027-0029, 0031-0032, 0047-0048, 0067-0071, noted: the controller and the DU scheduler or the near-real time RIC use the collected parameters to adjust and reconfigure the bit rates for each UE, section 00046-0050, 0062-0063) based on the average throughput (see, average cell throughput, minimum bit rates in relation to users admitted to cell, section 0055-0056, see, ranges of minimum throughput, cell throughput targets, network load information, section 0050-0056) and reference throughput (see, cell throughput targets, network load information, section 0050-0051); transmitting , to the E2 node, a control message including information on the size of the resource (see, near-real time RCI and the DU communicates via an E2 interface in relation to minimum bit rates, max PRBs per UES, PRB utilization, section 0064-0067).
In view of the above, it 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 to implement the adaptive bit rate scheduling based on collected key performance indicators as taught by Atawia ‘313 into the Near-Real Time (RT) radio access network for optimizing network policies of GRINSHPUN ‘808. The motivation would have been to provide bit rates adjustment based on network performance.
Regarding claim 2 (Currently Amended), GRINSHPUN ‘808 discloses the method of claim 1, wherein the indication message further includes a cell identity (see, Cell Id per application type, section 039-0070) associated with the cell and index information associated with the network slice (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044), and wherein the information on the network slice corresponds to the index information (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044, 0144).
Regarding claim 3 (Currently Amended), GRINSHPUN ‘808 discloses the method of claim 1, wherein the information on the network slice indicates a collection duration (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044, 0144), a total number of terminals in the network slice, and a data volume (see, sampling rate in relation to measurements, data collection/data collector flows associated with target flow types , section 0031, 0033, 0037, fig. 6 to fig. 7, lists and shows UE throughput and total PRBs/sect per application types per policy) transmitted in the network slice (see, data collection from the E2 node using E2 reports (every T seconds, section 0044), key performance measurement data collection for target slice type, section 0070, 0181-0186, claim 54, noted: section 0025-0027-timing aspect which implicitly has a duration) during the collection duration(fig. 6 to fig. 7, shows the total PRBs/sec, UE throughput per UE video applications in relation tier policies, section 0048, the near-real time RCI provides minimum bit rate, maximum PRBs per UE, cel throughput, PRB utilization and total number of transmitted to a UE in a duration, collection of cell throughput over a duration (section 0064-0096), or wherein the information on the network slice indicates the collection duration, a total number of data radio bearers (DRBs) in the network slice, and the data volume transmitted in the network slice during the collection duration.
Regarding claim 4 (Currently Amended), GRINSHPUN ‘808 discloses the method of claim 1, wherein the indication message further includes a physical resource block (PRB) allocating portion and information on a PRB usage (fig. 7, total number of allocated PRBs per second to flows to a number of bits per second transmitted, section 0048).
Regarding claim 5 (Currently Amended), GRINSHPUN ‘808 the method of claim 1, wherein the control message further comprises information on a physical resource block (PRB) maximum portion (fig. 7, total PRBs/sect allocated as 152000 per video) for the network slice associated with the cell (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice associated with tie policies which are provided to the UE by Near-RT RIC, section 0044, 0047-0048, 0144).
Regarding claim 6 (Currently Amended), GRINSHPUN ‘808 discloses a near-real-time (RT) radio access network (RAN) intelligent controller (RIC) (fig. 1, NE 810 which may be a base station/eNB or gNB, the NE is associated with Near-RT RIC, section 0053-0056) comprising: memory including instructions (fig. 8, memory 812 of the NE/near-RT RIC, the memory coupled to a processor 811, the processors executes computer program instructions executed by the processor, section 0053-0063); a transceiver (fig. 8, transceiver 813 coupled to processor and memory 812, section 0053-0060); and a processor (fig. 8, memory 812 of the NE/near-RT RIC, the memory coupled to a processor 811, the processors executes computer program instructions executed by the processor, section 0053-0063, wherein the instructions, when executed by the processor (fig. 8, memory 812 of the NE/near-RT RIC, the memory coupled to a processor 811, the processors executes computer program instructions executed by the processor, section 0053-0063), cause the near-RT RIC to: receive (see, near-RT RCI which obtains metadata from E2 node, section 0004, 0007), from an E2 node through the transceiver (see, near-RT RCI which obtains metadata from E2 node, section 0004, 0007) an indication message including information on a network slice (see, network slice configured for UEs running a given application type, the network slice on a cell carrier, section 0040, noted: the periodic reports sends by the E2 ode is related to the configuration, the reports relate to metadata may include aggregate per slice, the application types that UEs are running which may be identified, section 004-0046 ) associated with a cell (see, policies which contain parameters, amount of resources per cell to application of a given type, maximum throughputs section 0026-0028); identify a size of a resource allocated for the slice based on the information on the slice (see, aggregate amount of spectral resources (e.g., PRBs/sec) that may be allocated to UE flows on the network slice in a given cell carrier, section 0040, noted: the E2 node performs policy enforcement on the UEs); and transmit, to the E2 node (see, the Near-RT RCI may send per UE guidance policies to the E2 nodes for enforcement, section 0047), a control message (see, E2 control messages installed in the E2 node on one or more polices, section 070) comprising information on the size of the resource (see, the enforcement relates policies that are associated with amount of spectral resources per cell/sector, PRBs/sec, section 0026-0027, 0040, see, maximal aggregated amount of spectral resources to be used at given cell, the period reports that are sent every T seconds by the E2 Node , section 0142, 0044 0040, 0047).
GRINSHPUN ‘808 discloses all the claim limitations but fails to explicitly disclose: identify an average throughput for terminals in the network slice based on the indication message; identify a size of resources allocated for the network slice based on the average throughput and a reference throughput; transmit, to the E2 node through the transceiver, a control message including information on the size of the resources.
Atawia ‘313 from a similar field of endeavor discloses: identify an average throughput (see, average cell throughput, minimum bit rates in relation to users admitted to cell, section 0055-0056) for terminals in the network slice based on the indication message (see, minimum bit rate values, maximum number of PRBs that can be allocated to UE or slice, allocating of spectrum resources among the UE, section 006-0067, noted: there a plurality of UE in the network, section 0062-0064), receiving, from the near-RT RCI (see, the controller associated with near-RT-RCI , exchanges with DU scheduler, including network load information, cell throughput targets, section 0047-0051), identifying a size of resources allocated for the network slice (see, receiving via E2 interface of the radio access network, cell throughput, minimum bit rate to the first UE and second minimum bit rate for the second UE, and quantity of PRBs allocated to the UE, section 027-0029, 0031-0032, 0047-0048, 0067-0071, noted: the controller and the DU scheduler or the near-real time RIC use the collected parameters to adjust and reconfigure the bit rates for each UE, section 00046-0050, 0062-0063) based on the average throughput (see, ranges of minimum throughput, cell throughput targets, network load information, section 0050-0051);and reference throughput (see, cell throughput targets, network load information, section 0050-0051); transmit, to the E2 node, a control message including information on the size of the resource (see, near-real time RCI and the DU communicates via an E2 interface in relation to minimum bit rates, max PRBs per UES, PRB utilization, section 0064-0067).
In view of the above, it 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 to implement the adaptive bit rate scheduling based on collected key performance indicators as taught by Atawia ‘313 into the Near-Real Time (RT) radio access network for optimizing network policies of GRINSHPUN ‘808. The motivation would have been to provide bit rates adjustment based on network performance.
Regarding claim 7 (Currently Amended), GRINSHPUN ‘808 discloses the near-RT RIC of claim 6, wherein the indication message further includes a cell identity (see, Cell Id per application type, section 039-0070) associated with the cell and index information associated with the network slice (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044), and wherein the information on the network slice corresponds to the index information (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044, 0144).
Regarding claim 8, GRINSHPUN ‘808 discloses the Near-RT RIC of claim 6, wherein the information on the network slice indicates a collection duration (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044, 0144), a total number of terminals in the network slice, and a data volume (see, sampling rate in relation to measurements, data collection/data collector flows associated with target flow types , section 0031, 0033, 0037, fig. 6 to fig. 7, lists and shows UE throughput and total PRBs/sect per application types per policy) transmitted in the network slice during the collection duration(fig. 6 to fig. 7, shows the total PRBs/sec, UE throughput per UE video applications in relation tier policies, section 0048, the near-real time RCI provides minimum bit rate, maximum PRBs per UE, cel throughput, PRB utilization and total number of transmitted to a UE in a duration, collection of cell throughput over a duration (section 0064-0096), or wherein the information on the network slice indicates the collection duration, a total number of data radio bearers (DRBs) in the network slice, and the data volume transmitted in the network slice during the collection duration.
Regarding claim 9, GRINSHPUN ‘808 discloses the Near-RT RIC of claim 6, wherein the indication message further comprises a physical resource block (PRB) allocating portion and information on a PRB usage (fig. 7, total number of allocated PRBs per second to flows to a number of bits per second transmitted, section 0048).
Regarding claim 10, GRINSHPUN ‘808 discloses the Near-RT RIC of claim 6, , wherein the control message further comprises information on a physical resource block (PRB) maximum portion (fig. 7, total PRBs/sect allocated as 152000 per video) for the slice associated with the cell (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice associated with tie policies which are provided to the UE by Near-RT RIC, section 0044, 0047-0048, 0144).
Regarding claims 11, 16 (Currently Amended), GRINSHPUN ‘808 discloses an E2 node (fig. 8, 5G gNB acting as an E2 node providing E2 service for the O-DU, O-CU-CP and O-CU-UP functions, section 0068-0070) comprising: memory including instructions (fig. 8, memory 812 of the NE/near-RT RIC, the memory coupled to a processor 811, the processors executes computer program instructions executed by the processor, section 0053-0063); a transceiver (fig. 8, transceiver 813 coupled to a processor 811 and memory 8412, section 0053-0063); and a processor (fig. 8, processor 811 coupled to memory 812 and transceiver 813, section 0053-0063), wherein the instructions, when executed by the processor (fig. 8, memory 812 of the NE/near-RT RIC, the memory coupled to a processor 811, the processors executes computer program instructions executed by the processor, section 0053-0063); cause the E2 node (see, the E2 node which receives policy information which includes metadata which is relating per cell/carrier scheduler data, section 0139-0144) to: identify information on a network slice associated with a cell (see, network slice configured for UEs running a given application type, the network slice on a cell carrier, section 0040,0026-0027-the tier policies relating to amount of aggregated spectral resources per cell/section used by the E2 Node to police the UEs, see, periodic reports from the E2 nodes every t seconds, the reports may include per UE data, such as per cell/carrier scheduler data, the L2 metadata includes also aggregated per slice and 5QI (available PRBs, allocation PRBs), section 0044-0046); transmit, to a near-real time (RT) radio access network (RAN) intelligent controller (RIC) (see, the E2 node transmits data in the form of period reports, section 0040, 0044) through the transceiver (see, the Near-RT RCI obtains application types run by the UEs served by the E2 node, section 0044-0045) an indication message (see, E2 control messages installed in the E2 node on ore or more polices, section 070) including the information on the network slice (see, network slice configured for UEs running a given application type, the network slice on a cell carrier, section 0040); [[wherein the information on the network slice is used to identify an average throughput for terminals in the network slice]]; and receive, from the near-RT RIC through the transceiver (see, the Near-RT RCI sends per UE guidance policies to the E2 nodes for enforcement, section 0047), a control message (see, E2 control messages installed in the E2 node on ore or more polices, section 070) including information on a size of resources allocated for the network slice (see, the enforcement relates policies that are associated with amount of spectral resources per cell/sector, PRBs/sec, section 0026-0027, 0040, fig. 7, lists and shows UE throughput and total PRBs/sect per application types per policy).
GRINSHPUN ‘808 discloses all the claim limitations but fails to explicitly disclose: wherein the information on the network slice is used to identify an average throughput for terminals in the network slice , receiving, from the near-R RCI , a control message including information on a size of resources allocation for the network slice.
Atawia ‘313 from a similar field of endeavor discloses: wherein the information on the network slice is used to identify an average throughput (see, average cell throughput, minimum bit rates in relation to users admitted to cell, section 0055-0056) for terminals in the network slice (see, minimum bit rate values, maximum number of PRBs that can be allocated to UE or slice, allocating of spectrum resources among the UE, section 006-0067, noted: there a plurality of UE in the network, section 0062-0064), receiving, from the I , from the near-RT RCI (see, the controller associated with near-RT-RCI , exchanges with DU scheduler, including network load information, cell throughput targets, section 0047-0051) a control message including information on a size of resources allocation for the network slice (see, receiving via E2 interface of the radio access network, cell throughput, minimum bit rate to the first UE and second minimum bit rate for the second UE, and quantity of PRBs allocated to the UE, section 027-0029, 0031-0032, 0047-0048, 0067-0071).
In view of the above, it 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 to implement the adaptive bit rate scheduling based on collected key performance indicators as taught by Atawia ‘313 into the Near-Real Time (RT) radio access network for optimizing network policies of GRINSHPUN ‘808. The motivation would have been to provide bit rates adjustment based on network performance.
Regarding claims 12, 17 (Currently Amended), GRINSHPUN ‘808 discloses the E2 node of claim 16, wherein the indication message further includes a cell identity (see, Cell Id per application type, section 039-0070) associated with the cell and index information associated with the network slice (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044), and wherein the information on the network slice corresponds to the index information (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice, section 0044, 0144).
Regarding claims 13, 18 (Currently Amended), GRINSHPUN ‘808 discloses the E2 node of claim 16, wherein the information on the terminal associated on the network slice indicates a collection duration (fig. 6 to fig. 7, shows the total PRBs/sec, UE throughput per UE video applications in relation tier policies, section 0048, the near-real time RCI provides minimum bit rate, maximum PRBs per UE, cel throughput, PRB utilization and total number of transmitted to a UE in a duration, collection of cell throughput over a duration (section 0064-0096), a total number of terminals in the network slice (fig. 6 to fig. 7, shows the total PRBs/sec, UE throughput per UE video applications in relation tier policies, section 0048), and a data volume transmitted in the network slice during the collection duration (fig. 6 to fig. 7, shows the total PRBs/sec, UE throughput per UE video applications in relation tier policies, section 0048),or wherein the information on the network slice indicates the collection duration, a total number of data radio bearers (DRBs) in the network slice, and the data volume transmitted in the network slice during the collection duration.
Regarding claims 14, 19 (Currently Amended), GRINSHPUN ‘808 discloses the E2 node of claim 16, wherein the indication message further includes a physical resource block (PRB) allocating portion and information on a PRB usage (fig. 7, total number of allocated PRBs per second to flows to a number of bits per second transmitted, section 0048).
Regarding claims 15, 20 (Currently Amended), GRINSHPUN ‘808 discloses the E2 node of claim 16, wherein the control message further includes information on a physical resource block (PRB) maximum portion (fig. 7, total PRBs/sect allocated as 152000 per video as the maximum) for the network slice associated with the cell (see, per UE data, such as per cell/carrier scheduler data, aggregated metadata per slice associated with tie policies which are provided to the UE by Near-RT RIC, section 0044, 0047-0048, 0144).
Conclusion
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.
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473