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 paper is responsive to the application filed December 20, 2023, claiming the benefit of provisional patent application 63/483,201 filed February 3, 2023.
Claims 1-20 are currently pending.
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.
Claim 1-7, 10-16 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Pat. Pub. 20220330070 to Junhyuk Song et al. (hereinafter Song).
Regarding claim 1, Song teaches An apparatus for a Near-Real Time (Near-RT) RAN intelligent controller (RIC) comprising: a processing circuitry configured to:
generate radio access network (RAN) measurement parameters to configure an E2 node in Open Radio Access Network (O-RAN);
Song Fig. 2B illustrates a Near-Real Time (Near-RT) RAN intelligent controller (RIC) with E2 nodes per the O-RAN specification:
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transmit an action definition to the E2 node through an E2 interface, (Song teaches multiple E2 nodes coupled to the RIC via E2 interfaces illustrated in Fig. 2A above) wherein the action definition comprises a measured value reporting conditions information element (IE) based on the RAN measurement parameters, indicating to the E2 node to generate measurement reports. (Song Fig. 7 teaches a RIC transmitting an action definition that is an IE based on RAN measurement parameters for an E2 node to generate reports in para [0067] “At operation 705 , the RIC may transmit a subscription request message to the E2 node. A specific xApp positioned in the RIC may request an RIC E2 termination function to subscribe to a specific RAN Function Definition function supported in the E2 .” Fig. 7 illustrates the transmissions:
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identify the measurement reports received from the E2 node; (Song teaches in paras. [0067]-[0071] a RIC receiving a message from the E2 node including update message such as “E2 NODE function capability information element (RAN Function Definition)”)
and
a memory to store the RAN measurement parameters. (Song Fig. 5 storage 520 illustrates a memory within a RIC as taught in para. [0057]-[0060] including data storage for storing information as directed from the controller)
Regarding claim 2, Song teaches The apparatus of claim 1, wherein the measured value reporting conditions IE instructs the E2 node about inclusion of specific RAN measurement results in the measurement reports. (Song teaches in Table 1 and para. [0072] different IEs and specific RAN measurement results in an E2 indication message as “RIC Call process ID”, which para. [0076] teaches provides details of a measurement report for a NEAR-RT RIC for performance measurements as shown in Fig. 8.)
Regarding claim 3, Song teaches The apparatus of claim 1, wherein the measured value reporting conditions IE instructs the E2 node about exclusion of specific RAN measurement results from the measurement reports. (Song para. [0036] teaches that “ RIC may perform communication with the O-DU, O-CU-CP, O-CU-UP using the E2 interface, and may set an event occurrence condition by generating and transmitting a subscription message, and may transmit through an E2 indication/report. Control of the O-DU, O-CU-CP, O-CU-UP is provided using an E2 control message.” Examiner interprets the “condition” as excluding specific measurement results.)
Regarding claim 4, Song teaches The apparatus of claim 1, wherein the E2 node is an O-RAN Central Unit-Control Plane (O-CU-CP), O-RAN Central Unit-User Plane (O-CU-UP), and O-RAN Distributed Unit (O-DU). (Song Fig. 4 illustrates each of the O-RAN Central Unit-Control Plane (O-CU-CP), O-RAN Central Unit-User Plane (O-CU-UP), and O-RAN Distributed Unit (O-DU):
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Regarding claim 5, Song teaches The apparatus of claim 1, wherein the measurement report comprises a value that indicates to the Near-RT RIC that a measured value did not satisfy a configured condition. (Song para. [0065] teaches “An RAN Function Definition value is a value that is set by OAM, and the RIC may receive information on the value set by OAM and may determine what call processing function is supported by the E2 node, based on the RAN Function Definition value.” Examiner interprets that a value that indicates that a call processing function is not supported then a configured condition is not met.)
Regarding claim 6, Song teaches The apparatus of claim 1, wherein the action definition comprises multiple measured value reporting conditions IEs. (Song teaches multiple measured value reporting condition IEs as shown in Fig. 8 and described in para. [0081]:
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Regarding claim 7, Song teaches The apparatus of claim 1, wherein the measurement report comprises a “Not Valid” indication when a configured condition is not met. (Song para. [0036] teaches “For example, the RIC may perform communication with the O-DU, O-CU-CP, O-CU-UP using the E2 interface, and may set an event occurrence condition by generating and transmitting a subscription message, and may transmit through an E2 indication/report. Control of the O-DU, O-CU-CP, O-CU-UP is provided using an E2 control message.” The E2 report includes when a configured condition is not met indication.)
Regarding claim 10, Song teaches A computer-readable medium storing computer-executable instructions which when executed by one or more processors (Song para. [0115] teaches a computer readable storage medium for configured for execution performed by processors) result in performing operations comprising:
generating radio access network (RAN) measurement parameters to configure an E2 node in Open Radio Access Network (O-RAN); Song Fig. 2B illustrates a Near-Real Time (Near-RT) RAN intelligent controller (RIC) with E2 nodes per the O-RAN specification:
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transmitting an action definition to the E2 node through an E2 interface, (Song teaches multiple E2 nodes coupled to the RIC via E2 interfaces illustrated in Fig. 2A above) wherein the action definition comprises a measured value reporting conditions information element (IE) based on the RAN measurement parameters, indicating to the E2 node to generate measurement reports; (Song Fig. 7 teaches a RIC transmitting an action definition that is an IE based on RAN measurement parameters for an E2 node to generate reports in para [0067] “At operation 705 , the RIC may transmit a subscription request message to the E2 node. A specific xApp positioned in the RIC may request an RIC E2 termination function to subscribe to a specific RAN Function Definition function supported in the E2 .” Fig. 7 illustrates the transmissions:
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identifying the measurement reports received from the E2 node. ; (Song teaches in paras. [0067]-[0071] a RIC receiving a message from the E2 node including update message such as “E2 NODE function capability information element (RAN Function Definition)”).
Regarding claim 11, Song teaches The computer-readable medium of claim 10, wherein the measured value reporting conditions IE instructs the E2 node about inclusion of specific RAN measurement results in the measurement reports. . (Song teaches in Table 1 and para. [0072] different IEs and specific RAN measurement results in an E2 indication message as “RIC Call process ID”, which para. [0076] teaches provides details of a measurement report for a NEAR-RT RIC for performance measurements as shown in Fig. 8.)
Regarding claim 12, Song teaches The computer-readable medium of claim 10, wherein the measured value reporting conditions IE instructs the E2 node about exclusion of specific RAN measurement results from the measurement reports. (Song para. [0036] teaches that “ RIC may perform communication with the O-DU, O-CU-CP, O-CU-UP using the E2 interface, and may set an event occurrence condition by generating and transmitting a subscription message, and may transmit through an E2 indication/report. Control of the O-DU, O-CU-CP, O-CU-UP is provided using an E2 control message.” Examiner interprets the “condition” as excluding specific measurement results.)
Regarding claim 13, Song teaches The computer-readable medium of claim 10, wherein the E2 node is an O-RAN Central Unit-Control Plane (O-CU-CP), O-RAN Central Unit-User Plane (O-CU-UP), and O-RAN Distributed Unit (O-DU). (Song Fig. 4 illustrates each of the O-RAN Central Unit-Control Plane (O-CU-CP), O-RAN Central Unit-User Plane (O-CU-UP), and O-RAN Distributed Unit (O-DU):
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Regarding claim 14, XXX teaches The computer-readable medium of claim 10, wherein the measurement report comprises a value that indicates to the Near-RT RIC that a measured value did not satisfy a configured condition. (Song para. [0065] teaches “An RAN Function Definition value is a value that is set by OAM, and the RIC may receive information on the value set by OAM and may determine what call processing function is supported by the E2 node, based on the RAN Function Definition value.” Examiner interprets that a value that indicates that a call processing function is not supported then a configured condition is not met.)
Regarding claim 15, Song teaches The computer-readable medium of claim 10, wherein the action definition comprises multiple measured value reporting conditions IEs. (Song teaches multiple measured value reporting condition IEs as shown in Fig. 8 and described in para. [0081]:
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Regarding claim 16, Song teaches The computer-readable medium of claim 10, wherein the measurement report comprises a “Not Valid” indication when a configured condition is not met. (Song para. [0036] teaches “For example, the RIC may perform communication with the O-DU, O-CU-CP, O-CU-UP using the E2 interface, and may set an event occurrence condition by generating and transmitting a subscription message, and may transmit through an E2 indication/report. Control of the O-DU, O-CU-CP, O-CU-UP is provided using an E2 control message.” The E2 report includes when a configured condition is not met indication.)
Regarding claim 19, Song teaches A system, (Song para. [0030] comprising: at least one memory that stores computer-executable instructions; (Song Fig. 5 storage 520 and para. [0060])
and
at least one processor (Song Fig. 5 controller 530 coupled to storage 520 and para. [0061]) configured to access the at least one memory and execute the computer-executable instructions to:
generate radio access network (RAN) measurement parameters to configure an E2 node in Open Radio Access Network (O-RAN); (Song Fig. 2B illustrates a Near-Real Time (Near-RT) RAN intelligent controller (RIC) with E2 nodes per the O-RAN specification:
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transmit an action definition to the E2 node through an E2 interface, (Song teaches multiple E2 nodes coupled to the RIC via E2 interfaces illustrated in Fig. 2A above) wherein the action definition comprises a measured value reporting conditions information element (IE) based on the RAN measurement parameters, indicating to the E2 node to generate measurement reports; (Song Fig. 7 teaches a RIC transmitting an action definition that is an IE based on RAN measurement parameters for an E2 node to generate reports in para [0067] “At operation 705 , the RIC may transmit a subscription request message to the E2 node. A specific xApp positioned in the RIC may request an RIC E2 termination function to subscribe to a specific RAN Function Definition function supported in the E2 .” Fig. 7 illustrates the transmissions:
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identify the measurement reports received from the E2 node. (Song teaches in paras. [0067]-[0071] a RIC receiving a message from the E2 node including update message such as “E2 NODE function capability information element (RAN Function Definition)”).
Regarding claim 20, Song teaches The system of claim 19, wherein the measured value reporting conditions IE instructs the E2 node about inclusion of specific RAN measurement results in the measurement reports. (Song teaches in Table 1 and para. [0072] different IEs and specific RAN measurement results in an E2 indication message as “RIC Call process ID”, which para. [0076] teaches provides details of a measurement report for a NEAR-RT RIC for performance measurements as shown in Fig. 8.).
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, 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.
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.
Claim 8-9, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of O-RAN Near-Real-time RAN Intelligent Controller E2 Service Model (E2SM), RAN Function Network Interface (NI) 1.0, ORAN-WG3.E2SM-NI-v01.00.00, Technical Specification O-RAN Working Group 3, published February 2020 (hereinafter O-RAN).
Regarding claim 8, Song does NOT teach The apparatus of claim 1, wherein the measured value reporting conditions IE is a structure that comprises a test condition, a test condition value, and a logical OR.
In the analogous art of O-RAN specifications for wireless communications, O-RAN teaches wherein the measured value reporting conditions IE is a structure that comprises a test condition, a test condition value, and a logical OR. (O-RAN page 26 teaches IE structure comprises a test condition with condition values as shown in Section 8.3.8 “RAN Parameter Test Condition”, and illustrates that a RAN parameter value may be a Boolean IE and reference in Section 8.3.9 “RAN Parameter Value”. Examiner interprets a Boolean value as defining an “or” condition.)
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It would have been obvious to one of ordinary skill in the art prior to the effective date of the invention to combine Song with O-RAN to teach test conditions. Each of Song and O-RAN are directed to wireless communications, and to O-RAN implementations. One of ordinary skill in the art would have been motivated to combine Song and O-RAN in order to implement the O-RAN specification and, as taught in page 22 of O-RAN, the information provided for information elements sent by the RAN 4 to a NEAR-RT RIC node provide “all required information for the Near-RT RIC to determine how a given E2 Node has been configured to support a given RAN Function specific E2SM.”
Regarding claim 9, Song does NOT teach The apparatus of claim 8, wherein the test condition is enumerated and comprises at least one of an “equal to,”“greater than,”“less than,”“contains,” or “present.”
In the analogous art of O-RAN specifications for wireless communications, O-RAN teaches wherein the test condition is enumerated and comprises at least one of an “equal to,”“greater than,”“less than,”“contains,” or “present.” (O-RAN page 26, Section 8.3.8 illustrated above teaches each of “equal to,” “greater than,” “less than,” “contains,” and “present” as shown.)
It would have been obvious to one of ordinary skill in the art prior to the effective date of the invention to combine Song with O-RAN to teach test conditions. Each of Song and O-RAN are directed to wireless communications, and to O-RAN implementations. One of ordinary skill in the art would have been motivated to combine Song and O-RAN order to implement the O-RAN specification and, as taught in page 22 of O-RAN, the information provided for information elements sent by the RAN 4 to a NEAR-RT RIC node provide “all required information for the Near-RT RIC to determine how a given E2 Node has been configured to support a given RAN Function specific E2SM.”
Regarding claim 17, Song does NOT teach The computer-readable medium of claim 10, wherein the measured value reporting conditions IE is a structure that comprises a test condition, a test condition value, and a logical OR. In the analogous art of O-RAN specifications for wireless communications, O-RAN teaches wherein the measured value reporting conditions IE is a structure that comprises a test condition, a test condition value, and a logical OR.
In the analogous art of O-RAN specifications for wireless communications, O-RAN teaches wherein the measured value reporting conditions IE is a structure that comprises a test condition, a test condition value, and a logical OR. In the analogous art of O-RAN specifications for wireless communications, O-RAN teaches wherein the measured value reporting conditions IE is a structure that comprises a test condition, a test condition value, and a logical OR. (O-RAN page 26 teaches IE structure comprises a test condition with condition values as shown in Section 8.3.8 “RAN Parameter Test Condition”, and illustrates that a RAN parameter value may be a Boolean IE and reference in Section 8.3.9 “RAN Parameter Value”. Examiner interprets a Boolean value as defining an “or” condition.)
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It would have been obvious to one of ordinary skill in the art prior to the effective date of the invention to combine Song with O-RAN to teach test conditions. Each of Song and O-RAN are directed to wireless communications, and to O-RAN implementations. One of ordinary skill in the art would have been motivated to combine Song and O-RAN in order to implement the O-RAN specification and, as taught in page 22 of O-RAN, the information provided for information elements sent by the RAN 4 to a NEAR-RT RIC node provide “all required information for the Near-RT RIC to determine how a given E2 Node has been configured to support a given RAN Function specific E2SM.”
Regarding claim 18, Song does NOT teach The computer-readable medium of claim 17, wherein the test condition is enumerated and comprises at least one of an “equal to,”“greater than,”“less than,”“contains,” or “present.”
In the analogous art of O-RAN specifications for wireless communications, O-RAN teaches wherein the test condition is enumerated and comprises at least one of an “equal to,”“greater than,”“less than,”“contains,” or “present.” (O-RAN page 26, Section 8.3.8 illustrated above teaches each of “equal to,” “greater than,” “less than,” “contains,” and “present” as shown.)
It would have been obvious to one of ordinary skill in the art prior to the effective date of the invention to combine Song with O-RAN to teach test conditions. Each of Song and O-RAN are directed to wireless communications, and to O-RAN implementations. One of ordinary skill in the art would have been motivated to combine Song and O-RAN order to implement the O-RAN specification and, as taught in 22 of O-RAN, the information provided for information elements sent by the RAN 4 to a NEAR-RT RIC node provide “all required information for the Near-RT RIC to determine how a given E2 Node has been configured to support a given RAN Function specific E2SM.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET MARIE ANDERSON whose telephone number is (703)756-1068. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES JIANG can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARGARET MARIE ANDERSON/Examiner, Art Unit 2412
/CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412