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 .
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1-4, 8,9-10, 13-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US-20210235293-A1 Chen et al., from hereon Chen in view of US-12127056-B2 Veggalmal et al., from hereon Veggalmal and US-20240023157-A1 Maamari et al., from hereon Maamari.
Regarding claim 1 Chen teaches…a system for managing network layers, the system comprising (Abs teaches…a system, method and apparatus of managing network layers): one or more processors; and one or more computer-readable media storing computer-usable instructions that, when executed by the one or more processors, cause the one or more processors to (P. 27-29 describes the system, method, and apparatus to collect/aggregate network performance data): but does not teach…identify that a first device is experiencing a change in one or more device performance metrics; associate the change in the one or more device performance metrics with a first network layer; and re-prioritize one or more available network layers for the first device, wherein the first network layer is given a lowest priority value.
Veggalmal teaches… identify that a first device is experiencing a change in one or more device performance metrics (Col. 2. Lns. 44-55 discloses configuring nodes within wireless networks to perform handover operations for UEs such as mobile phones and other mobile terminal devices. As noted above, moving a UE from one frequency layer to another may be referred to a “handover,” and handovers can be performed by the network nodes of a wireless network for various reasons, such as to maintain coverage, improve connection quality/speed, and/or to balance load between frequency layers. Interlayer (or interfrequency) handovers can be performed between two frequency layers of the same radio access technology (e.g., between two 4G frequency layers or two 5G frequency layer), or between frequency layers of different radio access technologies. In some examples, the nodes of a wireless network can be configured to perform handovers of certain UEs based on a set of handover parameters. Handover parameters may define one or more threshold values relating to coverage, signal strength, connection quality/speed, etc. During an active connection (or communication session) with a UE device, the wireless network may monitor the connection and compare the current data metrics for the connection (e.g., signal strength, network speed, throughput, etc.) to the current set of handover parameters to determine that the UE should be moved from one frequency layer to another during the connection.); associate the change in the one or more device performance metrics with a first network layer (Col 2, Lns. 50-55 discloses…custom parameters may include difference values and/or ratios between frequency layers in network utilization, traffic volume, numbers of handovers, etc. After generating a set of custom parameters based on frequency layer differences, ratios, and/or handover data from a set of network nodes);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen by incorporating the teachings of Veggalmal because the method and device allow for various modes of configuration cross-multilayer wireless operations according to trending data and key performance indicators compared on those multilayers to determine custom parameters and network performance (Veggalmal, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Maamari teaches…and re-prioritize one or more available network layers for the first device, wherein the first network layer is given a lowest priority value (P. 64 discloses… With dynamic scheduling and a dynamic prioritization indication, a network node may assign either a high priority or a low priority to XR traffic, depending on a relative importance of other traffic that collides with an XR uplink transmission. However, for semi-statically configured uplink transmissions, corresponding priority levels may be fixed; note the assignment of layer priority is not indicated on the specification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen by incorporating the teachings of Maamari because the method and device allow for various modes of configuration priority handling based on multiple priority levels (Maamari, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 2 Chen, Veggalmal, and Maamari teach the system of claim 1, Veggalmal teaches…wherein the one or more performance metrics includes an increase in a number of dropped sessions (Col. 5, Lns. 25-30 discloses…metrics including optimization of network performance by minimizing dropped calls or sessions ).
Regarding claim 3 Chen, Veggalmal, and Maamari teach the system of claim 1, Veggalmal teaches…wherein the one or more performance metrics includes a failed attempt to establish a network session (Col. 6, Lns. 48-62 discloses… network performance metrics 116, and handover parameters 118 may be used as an associated set of ground truth data for training one or more machine-learned models 122. For instance, custom parameters 112 maybe generated (as described above) based on connection or session data associated with a number of UE communication sessions received from one or more network nodes 104. The network performance metrics 116 may represent one or more measurements of network performance (e.g., throughput, network speed, call quality, use of spectrum, minimization of network costs, minimization of dropped calls, etc.) based on the same UE communication sessions from which the custom parameters 112 were generated).
Regarding claim 4 Chen, Veggalmal, and Maamari teach the system of claim 1, Veggalmal teaches…wherein the one or more performance metrics includes a decrease in throughput (Col., 6, Lns. 48-62 discloses… network performance metrics 116, and handover parameters 118 may be used as an associated set of ground truth data for training one or more machine-learned models 122. For instance, custom parameters 112 maybe generated (as described above) based on connection or session data associated with a number of UE communication sessions received from one or more network nodes 104. The network performance metrics 116 may represent one or more measurements of network performance (e.g., throughput, network speed, call quality, use of spectrum, minimization of network costs, minimization of dropped calls, etc.) based on the same UE communication sessions from which the custom parameters 112 were generated. ).
Regarding claim 8 Chen teaches a method for managing network layers, the method comprising (Abs teaches…a system, method and apparatus of managing network layers P. 27-29 describes the system, method, and apparatus to collect/aggregate network performance data): but does not teach…identifying that a first device is experiencing a change in one or more device performance metrics; associating the change in the one or more device performance metrics with a first network layer; and re-prioritizing one or more available network layers for the first device, wherein the first network layer is given a lowest priority value.
Veggalmal teaches… identifying that a first device is experiencing a change in one or more device performance metrics(Col. 2. Lns. 44-55 discloses configuring nodes within wireless networks to perform handover operations for UEs such as mobile phones and other mobile terminal devices. As noted above, moving a UE from one frequency layer to another may be referred to a “handover,” and handovers can be performed by the network nodes of a wireless network for various reasons, such as to maintain coverage, improve connection quality/speed, and/or to balance load between frequency layers. Interlayer (or interfrequency) handovers can be performed between two frequency layers of the same radio access technology (e.g., between two 4G frequency layers or two 5G frequency layer), or between frequency layers of different radio access technologies. In some examples, the nodes of a wireless network can be configured to perform handovers of certain UEs based on a set of handover parameters. Handover parameters may define one or more threshold values relating to coverage, signal strength, connection quality/speed, etc. During an active connection (or communication session) with a UE device, the wireless network may monitor the connection and compare the current data metrics for the connection (e.g., signal strength, network speed, throughput, etc.) to the current set of handover parameters to determine that the UE should be moved from one frequency layer to another during the connection.); associating the change in the one or more device performance metrics with a first network layer(Col 2, Lns. 50-55 discloses…custom parameters may include difference values and/or ratios between frequency layers in network utilization, traffic volume, numbers of handovers, etc. After generating a set of custom parameters based on frequency layer differences, ratios, and/or handover data from a set of network nodes);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen by incorporating the teachings of Veggalmal because the method and device allow for various modes of configuration cross-multilayer wireless operations according to trending data and key performance indicators compared on those multilayers to determine custom parameters and network performance (Veggalmal, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Maamari teaches…and re-prioritizing one or more available network layers for the first device, wherein the first network layer is given a lowest priority value(P. 64 discloses… With dynamic scheduling and a dynamic prioritization indication, a network node may assign either a high priority or a low priority to XR traffic, depending on a relative importance of other traffic that collides with an XR uplink transmission. However, for semi-statically configured uplink transmissions, corresponding priority levels may be fixed; note the assignment of layer priority is not indicated on the specification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen by incorporating the teachings of Maamari because the method and device allow for various modes of configuration priority handling based on multiple priority levels (Maamari, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 9 Chen, Veggalmal, and Maamari teach the method of claim 8, Veggalmal teaches….further comprising communicating an instruction to the first device to handover to a second network layer different than the first network layer and having a higher priority value than the first network layer(Col. 6, Lns. 48-62 discloses… network performance metrics 116, and handover parameters 118 may be used as an associated set of ground truth data for training one or more machine-learned models 122. For instance, custom parameters 112 maybe generated (as described above) based on connection or session data associated with a number of UE communication sessions received from one or more network nodes 104. The network performance metrics 116 may represent one or more measurements of network performance (e.g., throughput, network speed, call quality, use of spectrum, minimization of network costs, minimization of dropped calls, etc.) based on the same UE communication sessions from which the custom parameters 112 were generated). .
Regarding claim 10 Chen, Veggalmal, and Maamari teach the method of claim 8, Maamari teaches…further comprising communicating an instruction to an idle device having a same device type as the first device to reconnect to a second network layer different than the first network layer and having a higher priority value than the first network layer (P.69 discloses…may select the first traffic or the second traffic based at least in part on one of three possible priority levels (e.g., P0, P1, and P2) assigned to each of the two or more colliding uplink transmissions. For example, PO may correspond to a low priority, P1 may correspond to a high priority, and P2 may correspond to a priority level that is higher than PO and P1, where P2 may be based at least in part on various metrics such as a delay budget. P2 may correspond to a third priority level ).
Regarding claim 13 Chen, Veggalmal, and Maamari teach the method of claim 8, Veggalmal teaches…wherein the one or more performance metrics includes an increase in a number of dropped sessions(Col. 5, Lns. 25-30 discloses…metrics including optimization of network performance by minimizing dropped calls or sessions ).
Regarding claim 14 Chen, Veggalmal, and Maamari teach the method of claim 8, Veggalmal teaches…wherein the one or more performance metrics includes one or more of a failed attempt to establish a network session and a decrease in throughput(Col., 6, Lns. 48-62 discloses… network performance metrics 116, and handover parameters 118 may be used as an associated set of ground truth data for training one or more machine-learned models 122. For instance, custom parameters 112 maybe generated (as described above) based on connection or session data associated with a number of UE communication sessions received from one or more network nodes 104. The network performance metrics 116 may represent one or more measurements of network performance (e.g., throughput, network speed, call quality, use of spectrum, minimization of network costs, minimization of dropped calls, etc.) based on the same UE communication sessions from which the custom parameters 112 were generated. ).
Regarding claim 15 Chen teaches…a method for managing network layers, the method comprising (Abs teaches…a system, method and apparatus of managing network layers): but does not teach…identifying an upcoming first period of time where a first device has experienced a change (P. 46 discloses… may provide a prediction of whether the client device will experience poor network performance at various times throughout a day. The prediction may range between 0 and 1. A value of ‘1’ may indicate the client device will likely experience poor overall network performance during the given time interval, while a value of ‘0’ may indicate otherwise (e.g., the given client device will not likely experience poor overall network performance during the given time interval). A value of each dependent variable may be predicted using machine learning algorithms discussed herein and independent variables/features that are engineered by the feature engineering module 206) but does not teach…in one or more device performance metrics on a first network layer based on historical data; prior to the upcoming first period of time, re-prioritizing a network layer prioritization to generate an updated network layer prioritization; assigning a lowest priority value to the first network layer; and communicating the updated network layer prioritization to the first device.
Veggalmal teaches… identifying an upcoming first period of time where a first device has experienced a change in one or more device performance metrics on a first network layer based on historical data (Col. 2. Lns. 44-55 discloses configuring nodes within wireless networks to perform handover operations for UEs such as mobile phones and other mobile terminal devices. As noted above, moving a UE from one frequency layer to another may be referred to a “handover,” and handovers can be performed by the network nodes of a wireless network for various reasons, such as to maintain coverage, improve connection quality/speed, and/or to balance load between frequency layers. Interlayer (or interfrequency) handovers can be performed between two frequency layers of the same radio access technology (e.g., between two 4G frequency layers or two 5G frequency layer), or between frequency layers of different radio access technologies. In some examples, the nodes of a wireless network can be configured to perform handovers of certain UEs based on a set of handover parameters. Handover parameters may define one or more threshold values relating to coverage, signal strength, connection quality/speed, etc. During an active connection (or communication session) with a UE device, the wireless network may monitor the connection and compare the current data metrics for the connection (e.g., signal strength, network speed, throughput, etc.) to the current set of handover parameters to determine that the UE should be moved from one frequency layer to another during the connection.));
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen by incorporating the teachings of Veggalmal because the method and device allow for various modes of configuration cross-multilayer wireless operations according to trending data and key performance indicators compared on those multilayers to determine custom parameters and network performance (Veggalmal, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Maamari teaches…prior to the upcoming first period of time, re-prioritizing a network layer prioritization to generate an updated network layer prioritization; assigning a lowest priority value to the first network layer; and communicating the updated network layer prioritization to the first device(P. 64 discloses… With dynamic scheduling and a dynamic prioritization indication, a network node may assign either a high priority or a low priority to XR traffic, depending on a relative importance of other traffic that collides with an XR uplink transmission. However, for semi-statically configured uplink transmissions, corresponding priority levels may be fixed; note the assignment of layer priority is not indicated on the specification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen by incorporating the teachings of Maamari because the method and device allow for various modes of configuration priority handling based on multiple priority levels (Maamari, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 18 Chen, Veggalmal, and Maamari teach the method of claim 15, Veggalmal teaches…the one or more device performance metrics comprises one or more of an increase in a number of dropped sessions (Col. 5, Lns. 25-30 discloses…metrics including optimization of network performance by minimizing dropped calls or sessions ).P. ), a failed attempt to establish a network session, and a decrease in throughput.
Claim(s) 5 is are rejected under 35 U.S.C. 103 as being unpatentable over US-20210235293-A1 Chen et al., from hereon Chen, US-12127056-B2 Veggalmal et al., from hereon Veggalmal and US-20240023157-A1 Maamari et al., from hereon Maamari in view of US-20210409549-A1 to Russell et al., from hereon Russell.
Regarding claim 5 Chen, Veggalmal, and Maamari teach the system of claim 1, but do not teach…wherein the one or more processors is further configured to communicate an instruction to handover the first device to a network layer different than the first network layer.
Russell teaches… wherein the one or more processors is further configured to communicate an instruction to handover the first device to a network layer different than the first network layer (P.181 discloses the switching between multi-spectrum band operations ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen, Veggalmal, and Maamari by incorporating the teachings of Russell because the method and device allow for various modes of configuration for combining spectrum bands allowing the aggregation of spectrum, service quality, transmission throughput, and security (Russell, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Claim(s) 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable overUS-20210235293-A1 Chen et al., from hereon Chen, US-12127056-B2 Veggalmal et al., from hereon Veggalmal and US-20240023157-A1 Maamari et al., from hereon Maamari in view of US-20250241647-A1 to Yerramalli et al., from hereon Yerramalli.
Regarding claim 19 Chen, Veggalmal, and Maamari teach the method of claim 15, but do not teach…further comprising monitoring a load for each network layer.
Yerramalli teaches… further comprising monitoring a load for each network layer (P. 58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chen, Veggalmal, and Maamari by incorporating the teachings of Yerramalli because the method and device allow for various modes of configuration of multiple network layer (RF layers) using thresholds and other metrics reported by the device and the data reporting instructions (Yerramalli, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 20 Chen, Veggalmal, Maamari, and Yerramalli teach the method of claim 19, do not teach…further comprising adjusting the updated network layer prioritization when a network layer is identified as having a load exceeding a predetermined load threshold (P.99 and P.137 disclose adjusting the updated network layer (RF layers) when the load exceeds a load threshold ).
Allowable Subject Matter
Claims 6, 7, 11, 12, 16, and 17 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.
The following is a statement of reasons for the indication of allowable subject matter: the mean reason for objections (allowance) of the claims under discussion is the inclusion of “wherein the one or more processors is further configured to flag the first network layer as an inferior layer.”, “wherein the one or more processors is further configured to associate the first network layer with the lowest priority value for any user device at a same cell site as the first device and having at least a same device type and same software version as the first device”, “comprising flagging the first network layer as an inferior layer.”, “associating the first network layer with the lowest priority value for any user device at a same cell site as the first device and having at least a same device type and same software version as the first device”, “associating the updated network layer prioritization with a timer.”, and “wherein upon expiration of the timer, the updated network layer prioritization expires” as the prior art of record in stand-alone form nor in combination read into the disclosed claims as supported by the specification. Furthermore, the nearest prior art such as US-20230284178-A1 to Park, US-20200351683-A1 to Guha, and US-12342229-B2 to Polaganga disclose spectrum layer, but do not address flagging network layers as inferior, assigning lower priority to network devices with low priority when the user devices are at the same cell or the same device type and software and linking a timer to network priority switching and expiration of priority when the timer expires.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: US-20230284178-A1 to Park, US-20200351683-A1 to Guha, and US-12342229-B2 to Polaganga.
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/L.S./Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476