DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s RCE filed 7/5/2026 is acknowledged.
Claims 1,3,4,6,7,9,10, and 12 are amended.
Claims 2,5,8, and 11 are cancelled.
Claims 1,3,4,6,7,9,10, and 12 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/5/2026 has been entered.
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.
Claim(s) 1,4,7, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over ORAN (O-RAN Alliwance, “O-RAN Working Group 3, Near-Real-time RAN Intelligent Controller, E2 Application Protocol (E2AP), O-RAN.WG3.E2AP-v01.01 – as cited and filed with the IDS dated 12/20/2024) in view of Walldeen (US 20220183089).
Re claim 1:
ORAN discloses a method performed by an E2 node, the method comprising: transmitting an E2 setup request message to a radio access network (RAN) intelligent controller (RIC) via an E2 interface (Page 22 Figure 8.3.1.2-1 E2 Setup Request ref. E2 Node and ref. Near-RT RIC and Page 6 The E2 interface provides means for interconnecting a Near-RT RIC and an E2 Node); and
receiving an E2 setup response message from the RIC via the E2 interface (Page 22 Figure 8.3.1.2-1 E2 Setup Response),
wherein the E2 setup request message includes a first global identifier of the E2 node for the E2 interface, wherein the first global identifier of the E2 node includes a second global identifier of a next generation NodeB (gNB) for the E2 interface (Page. 36 Section 9.1.2.2 E2 Setup Request and Page 37 Global E2 Node ID and Page. 49 Section 9.2.6 Global E2 Node ID ref. Global gNB ID, gNB-CU-UP ID, and gNB-DU ID Examiner Note: Global E2 Node ID on page 37 references to page 49 Section 9.2.6),
wherein the first global identifier of the E2 node for the E2 interface includes (Page. 49 Section 9.2.6 Global E2 Node ID ref. gNB-CU-UP ID and Page 7 E2: Interface connecting the Near-RT RIC and one or more O-CU-CPs, one or more O-CU-UPs, and one or more DUs – Examiner Note gNB-CU-UP is “second identification information of a gNB-CU” ; and 3-split is a CU-CP, CU-UP, and DU and 2-split is a CU and DU as stated in Applicant’s specification),
wherein the RIC identifies the E2 node based on the global identifier (Page 49 Section 9.2.6 Global E2 Node ID - This TE is used to globally identify an E2 node).
ORAN does not explicitly disclose wherein the identifier includes a first name string of a gNB-central unit (CU)-control plane (CP) for a 3-split RAN architecture or a second name string of gNB-CU for a 2-split RAN architecture, wherein each of the first name string and the second name string are human readable names, and wherein each of the first name string and the second name string comprises a sequence of characters including at least a letter.
Walldeen discloses wherein the identifier includes a first name string of a gNB-central unit (CU)-control plane (CP) for a 3-split RAN architecture or a second name string of gNB-CU for a 2-split RAN architecture, wherein each of the first name string and the second name string are human readable names, and wherein each of the first name string and the second name string comprises a sequence of characters including at least a letter (Table 1 Human readable name of the gNB-CU-CP and Fig.6 ref. 620B ref Name = W and Para.[0049] In embodiments where the gNB-CU-UP is additionally configured with the gNB-CU-CP Name, inclusion of the gNB-CU-CP Name in the SETUP Request message from the gNB-CU-CP may allow the VNF to uniquely identify the correct gNB-CU-UP – Examiner Note 3-split is a CU-CP, CU-UP, and DU and 2-split is a CU and DU as stated in Applicant’s specification).
As shown above, Walldeen discloses using a human readable name to uniquely identify a gNB-CU-CP and shows a name of “W”. W does not explicitly state the human readable name is a sequence of characters (plural); however it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the name can be a sequence of characters because a long sequence of characters increases the amount of components that can be uniquely identified.
ORAN and Walldeen are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ORAN to include a human readable name as an identifier as taught by Walldeen in order to uniquely identify a gNB-CU-UP (Walldeen Para.[0049]).
Re claim 4: Claim 4 is rejected on the same grounds of rejection set forth in claim 1 from the perspective of the RIC.
Re claim 7: Claim 7 is rejected on the same grounds of rejection set forth in claim 1. A transceiver and a processor are inherent to E2 nodes and RIC in order to be able to communicate signals. Singh (US 20240152820 Fig. 1A) is further evidenced relied upon to show an E2 node and RIC contain a transceiver and processor.
Re claim 10: Claim 10 is rejected on the same grounds of rejection set forth in claim 1 from the perspective of the RIC. A transceiver and a processor are inherent to E2 nodes and RIC in order to be able to communicate signals. Singh (US 20240152820 Fig. 1A) is further evidenced relied upon to show an E2 node and RIC contain a transceiver and processor.
Claim(s) 3,6,9, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ORAN (O-RAN Alliwance, “O-RAN Working Group 3, Near-Real-time RAN Intelligent Controller, E2 Application Protocol (E2AP), O-RAN.WG3.E2AP-v01.01 – as cited and filed with the IDS dated 12/20/2024) in view of Walldeen (US 20220183089) as applied to claims 1,7, and 10 above, and further in view of Yang (US 20190297652).
Re claim 3:
As discussed above, ORAN in view of Walldeen and Yang meet all the limitations of the parent claims.
ORAN discloses the method of claim 1, wherein the first string of the gNB- CU-CP is an optional information element (IE), and wherein the second name string of the gNB-CU is an optional IE (Page. 49 Section 9.2.6 Global E2 Node ID ref. Global gNB ID, gNB-CU-UP ID, and gNB-DU ID ref. O – Examiner Note “O” stands for optional).
As shown above, ORAN discloses some elements as optional and some as mandatory. ORAN does not explicitly disclose the gNB-CU-CP identification information is an optional information element (IE).
Walldeen discloses wherein the first name string of the gNB- CU-CP is an optional information element (IE), and wherein the second name string of the gNB-CU is an optional IE (Para.[0084] At E1AP level, it can be seen that the only the gNB-CU-CP Name IE may (as it is optional) be used by the gNB-CU-UP to uniquely identify the gNB-CU-CP).
ORAN and Walldeen are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ORAN to make the gNB-CU-CP identification information optional as taught by Walldeen in order to uniquely identify a gNB-CU-UP (Walldeen Para.[0049]).
Re claim 6: Claim 6 is rejected on the same grounds of rejection set forth in claim 3.
Re claim 9: Claim 9 is rejected on the same grounds of rejection set forth in claim 3.
Re claim 12: Claim 12 is rejected on the same grounds of rejection set forth in claim 3.
Response to Arguments
Applicant's arguments filed 7/5/2026 have been fully considered but they are not persuasive.
In the remarks, Applicant contends ORAN in view of Walldeen does not disclose wherein the first global identifier of the E2 node for the E2 interface includes a first name string of a gNB-central (CU)-control pane (CP) for a 3-split RAN architecture, or a second name string of gNB-CU for a 2-split RAN architecture. Applicant’s rationale is O-RAN does not disclose a Global E2 Node ID that includes a name string and Walldeen does not disclose an E2 interface.
The Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The combination of ORAN in view of Walldeen reads on the limitation as claimed. ORAN discloses a first global identifier of an E2 node. Walldeen is relied upon to disclose a global identifier can be a name string of a gNB-CU-CP for a 3-split RAN architecture. Therefore, the combination of ORAN, which teaches a global identifier of a E2 node, and Walldeen, which teaches a global identifier can be a name string, reads on the limitation as claimed. The citations are pasted below from the rejection.
ORAN discloses wherein the E2 setup request message includes a first global identifier of the E2 node for the E2 interface, wherein the first global identifier of the E2 node includes a second global identifier of a next generation NodeB (gNB) for the E2 interface (Page. 36 Section 9.1.2.2 E2 Setup Request and Page 37 Global E2 Node ID and Page. 49 Section 9.2.6 Global E2 Node ID ref. Global gNB ID, gNB-CU-UP ID, and gNB-DU ID Examiner Note: Global E2 Node ID on page 37 references to page 49 Section 9.2.6),
wherein the first global identifier of the E2 node for the E2 interface includes (Page. 49 Section 9.2.6 Global E2 Node ID ref. gNB-CU-UP ID – Examiner Note gNB-CU-UP is “second identification information of a gNB-CU” – Examiner Note 3-split is a CU-CP, CU-UP, and DU and 2-split is a CU and DU as stated in Applicant’s specification),
Walldeen discloses wherein the identifier includes a first name string of a gNB-central unit (CU)-control plane (CP) for a 3-split RAN architecture or a second name string of gNB-CU for a 2-split RAN architecture, wherein each of the first name string and the second name string are human readable names, and wherein each of the first name string and the second name string comprises a sequence of characters including at least a letter (Table 1 Human readable name of the gNB-CU-CP and Fig.6 ref. 620B ref Name = W and Para.[0049] In embodiments where the gNB-CU-UP is additionally configured with the gNB-CU-CP Name, inclusion of the gNB-CU-CP Name in the SETUP Request message from the gNB-CU-CP may allow the VNF to uniquely identify the correct gNB-CU-UP – Examiner Note 3-split is a CU-CP, CU-UP, and DU and 2-split is a CU and DU as stated in Applicant’s specification).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD SAJID ADHAMI whose telephone number is (571)272-8615. The examiner can normally be reached 8:30-5:00 PM.
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/MOHAMMAD S ADHAMI/ Primary Examiner, Art Unit 2471
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