DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. 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
II. This action is in response to applicants amendment/arguments filed on March 5, 2026. This action is made FINAL.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
III. Claims 1-5, 8-12, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 11,197,200 B2).
Regarding claim 1 Yang teaches a device (see col. 4, lines 21-23, Distributed Unit (DU) reads on a device), comprising: one or more processors (see col. 8, lines 7-21, processing unit reads on one or more processors) configured to: receive traffic from one or more User Equipment (UEs) via a radio unit (RU) wherein the traffic received from the one or more UEs includes first traffic and second traffic (see col. 4, lines 7-11; col. 7, lines 22-27 and Fig. 4, CU 105 controls the transport of data (e.g., data packets) received at a RU 115 via wireless RF transmissions from a UE (not shown), and controls the transport of data from the wireless network to a DU 110 and RU 115 for wireless transmission to a destination UE (see col. 4, lines 7-11). For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on receive traffic from one or more User Equipment (UEs) via a radio unit (RU) wherein the traffic received from the one or more UEs includes first traffic and second traffic); identify a first set of attributes of the first traffic (see col. 7, lines 22-27 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. This reads on identify a first set of attributes of the first traffic); identify a second set of attributes of the second traffic (see col. 7, lines 22-27 and Fig. 4, For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on identify a second set of attributes of the second traffic); select a first Central Unit (CU), from a group of CUs that includes at least the first CU and a second CU, based on the first set of attributes of the first traffic (see col. 7, lines 22-27 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. This reads on select a first Central Unit (CU), from a group of CUs that includes at least the first CU and a second CU, based on the first set of attributes of the first traffic); select a second (CU), from the group of CUs, based on the second set of attributes of the second traffic (see col. 7, lines 22-27 and Fig. 4, For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on select a second (CU), from the group of CUs, based on the second set of attributes of the second traffic); and route, based on selecting the first and second CUs, the first traffic to the first CU and the second traffic to the second CU), wherein the first and second CUs each aggregate received traffic and route the aggregated traffic to a user plane gateway (see col. 7,lines 15-26 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. The CU-UP includes a logical node that hosts user plane functions, such as, for example, data routing and transport functions. This reads on route, based on selecting the first and second CUs, the first traffic to the first CU and the second traffic to the second CU), wherein the first and second CUs each aggregate received traffic and route the aggregated traffic to a user plane gateway).
Regarding claim 2 Yang teaches wherein the user plane gateway includes at least one of: a User Plane Function (“UPF”), or a Packet Data Network gateway (“PGW”) (see col. 3, lines 34-35 & 49-51, The CU-UP includes a logical node that hosts user plane functions, such as, for example, data routing and transport functions. This reads on wherein the user plane gateway includes at least one of: a User Plane Function (“UPF”)).
Regarding claim 3 Yang teaches wherein the first CU includes a first CU-User Plane (“CU-UP”), and wherein the second CU includes a second CU-UP (see col. 7, lines 8-19 and Fig. 4, CU-UP 125-1 and CU-UP 125-2 reads on wherein the first CU includes a first CU-User Plane (“CU-UP”), and wherein the second CU includes a second CU-UP).
Regarding claim 4 Yang teaches wherein the first CU-UP is implemented by a same set of hardware resources on which the user plane gateway is implemented, and wherein the second CU-UP is implemented by a different set of hardware resources (see col. 3, lines 34-35 & 49-50; col. 7, lines 8-19; col. 8, lines 7-21; and Fig. 4, The CU-UP includes a logical node that hosts user plane functions. CU-UP 125-1 and CU-UP 125-2 are different devices at different locations. This reads on wherein the first CU-UP is implemented by a same set of hardware resources on which the user plane gateway is implemented, and wherein the second CU-UP is implemented by a different set of hardware resources).
Regarding claim 5 Yang teaches wherein the set of hardware resources on which the first CU-UP and the user plane gateway are implemented include a Multi-Access/Mobile Edge Computing (“MEC”) device (see col. 3, lines 34-35 & 49-51; col. 5, lines 8-10; and Fig. 4, The CU-UP includes a logical node that hosts user plane functions. Edge Cloud 220 may include a Multi-Access Edge Computing (MEC) network. The CU-UP 125-2 at Edge Cloud including MEC reads on wherein the set of hardware resources on which the first CU-UP and the user plane gateway are implemented include a Multi-Access/Mobile Edge Computing (“MEC”) device).
Regarding claim 8 Yang teaches a non-transitory computer-readable medium, storing a plurality of processor-executable instructions (see col. 8, lines 22-40) to: receive traffic from one or more User Equipment (UEs) via a radio unit (RU) wherein the traffic received from the one or more UEs includes first traffic and second traffic (see col. 4, lines 7-11; col. 7, lines 22-27 and Fig. 4, CU 105 controls the transport of data (e.g., data packets) received at a RU 115 via wireless RF transmissions from a UE (not shown), and controls the transport of data from the wireless network to a DU 110 and RU 115 for wireless transmission to a destination UE (see col. 4, lines 7-11). For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on receive traffic from one or more User Equipment (UEs) via a radio unit (RU) wherein the traffic received from the one or more UEs includes first traffic and second traffic); identify a first set of attributes of the first traffic (see col. 7, lines 22-27 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. This reads on identify a first set of attributes of the first traffic); identify a second set of attributes of the second traffic (see col. 7, lines 22-27 and Fig. 4, For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on identify a second set of attributes of the second traffic); select a first Central Unit (CU), from a group of CUs that includes at least the first CU and a second CU, based on the first set of attributes of the first traffic (see col. 7, lines 22-27 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. This reads on select a first Central Unit (CU), from a group of CUs that includes at least the first CU and a second CU, based on the first set of attributes of the first traffic); select a second (CU), from the group of CUs, based on the second set of attributes of the second traffic (see col. 7, lines 22-27 and Fig. 4, For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on select a second (CU), from the group of CUs, based on the second set of attributes of the second traffic); and route, based on selecting the first and second CUs, the first traffic to the first CU and the second traffic to the second CU), wherein the first and second CUs each aggregate received traffic and route the aggregated traffic to a user plane gateway (see col. 7,lines 15-26 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. The CU-UP includes a logical node that hosts user plane functions, such as, for example, data routing and transport functions. This reads on route, based on selecting the first and second CUs, the first traffic to the first CU and the second traffic to the second CU), wherein the first and second CUs each aggregate received traffic and route the aggregated traffic to a user plane gateway).
Regarding claim 9 Yang teaches limitations as recited in claim 2 and therefore claim 9 is rejected for the same reasons given above.
Regarding claim 10 Yang teaches limitations as recited in claim 3 and therefore claim 10 is rejected for the same reasons given above.
Regarding claim 11 Yang teaches limitations as recited in claim 4 and therefore claim 11 is rejected for the same reasons given above.
Regarding claim 12 Yang teaches limitations as recited in claim 5 and therefore claim 12 is rejected for the same reasons given above.
Regarding claim 15 Yang teaches receiving traffic from one or more User Equipment (UEs) via a radio unit (RU) wherein the traffic received from the one or more UEs includes first traffic and second traffic (see col. 4, lines 7-11; col. 7, lines 22-27 and Fig. 4, CU 105 controls the transport of data (e.g., data packets) received at a RU 115 via wireless RF transmissions from a UE (not shown), and controls the transport of data from the wireless network to a DU 110 and RU 115 for wireless transmission to a destination UE (see col. 4, lines 7-11). For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on receiving traffic from one or more User Equipment (UEs) via a radio unit (RU) wherein the traffic received from the one or more UEs includes first traffic and second traffic); identifying a first set of attributes of the first traffic (see col. 7, lines 22-27 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. This reads on identifying a first set of attributes of the first traffic); identifying a second set of attributes of the second traffic (see col. 7, lines 22-27 and Fig. 4, For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on identifying a second set of attributes of the second traffic); selecting a first Central Unit (CU), from a group of CUs that includes at least the first CU and a second CU, based on the first set of attributes of the first traffic (see col. 7, lines 22-27 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. This reads on selecting a first Central Unit (CU), from a group of CUs that includes at least the first CU and a second CU, based on the first set of attributes of the first traffic); selecting a second (CU), from the group of CUs, based on the second set of attributes of the second traffic (see col. 7, lines 22-27 and Fig. 4, For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. This reads on selecting a second (CU), from the group of CUs, based on the second set of attributes of the second traffic); and routing, based on selecting the first and second CUs, the first traffic to the first CU and the second traffic to the second CU), wherein the first and second CUs each aggregate received traffic and route the aggregated traffic to a user plane gateway (see col. 7,lines 15-26 and Fig. 4, For ultra-low-latency transport between UE and a destination device, a CU-UP 125-1 may be selected for routing and transporting the UE data traffic. For low-latency transport between UE and a destination device, a CU-UP 125-2 may be selected for routing and transporting the UE data traffic. The CU-UP includes a logical node that hosts user plane functions, such as, for example, data routing and transport functions. This reads on routing, based on selecting the first and second CUs, the first traffic to the first CU and the second traffic to the second CU), wherein the first and second CUs each aggregate received traffic and route the aggregated traffic to a user plane gateway).
Regarding claim 16 Yang teaches limitations as recited in claim 2 and therefore claim 16 is rejected for the same reasons given above.
Regarding claim 17 Yang teaches limitations as recited in claim 3 and therefore claim 17 is rejected for the same reasons given above.
Regarding claim 18 Yang teaches limitations as recited in claims 4-5 and therefore claim 18 is rejected for the same reasons given above.
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 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.
IV. Claims 6-7, 13-14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 11,197,200 B2) in view of Rajendran (US 2024/0323086 A1).
Regarding claim 6 Yang teaches the device of claim 3 except for receive configuration information from a CU-Control Plane (“CU-CP”) of a radio access network (“RAN”) that includes the first and second CU-UPs, wherein selecting the first CU is based on the received configuration information.
Rajendran teaches receive configuration information from a CU-Control Plane (“CU-CP”) of a radio access network (“RAN”) that includes the first and second CU-UPs, wherein selecting the first CU is based on the received configuration information (see paragraphs [0048] and Fig. 2, The DU is provided with a list of CUs including all the configuration data necessary and protocols necessary to connect and access each of the CUs. After a primary CU has been selected and established, the DU loads into its memory the configuration parameter values. The 5G New Radio RAN is an architecture which includes a set of radio base station which incorporates functional modules the CU, the DU, and the RU. The CU can be divided into the CU-UP and CU Control Plane (CU-CP) (see paragraphs [0007] & [0008]). This reads on receive configuration information from a CU-Control Plane (“CU-CP”) of a radio access network (“RAN”) that includes the first and second CU-UPs, wherein selecting the first CU is based on the received configuration information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Yang adapt to include receive configuration information from a CU-Control Plane (“CU-CP”) of a radio access network (“RAN”) that includes the first and second CU-UPs, wherein selecting the first CU is based on the received configuration information because it receiving configuration information is a well-known mechanism for the DU to efficiently provide routing of voice and data services (see Rajendran above).
Regarding claim 7 Yang teaches the device of claim 3 except for wherein routing the traffic to the first CU includes routing the traffic via a first layer, wherein the first CU aggregates the traffic via the first layer, and wherein the aggregated traffic is routed to the user plane gateway via a second layer.
Rajendran teaches wherein routing the traffic to the first CU includes routing the traffic via a first layer, wherein the first CU aggregates the traffic via the first layer, and wherein the aggregated traffic is routed to the user plane gateway via a second layer (see paragraph [0008]; claim 1; and Fig. 2, The gNB 100 includes RU, DU, and CU. In the gNB 100, the physical layer (PHY) functions are virtualized into two sublayers PHY-low (first layer) and PHY-high (second layer). Sublayer PHY-low is implemented in RU, while sublayer PHY-high is implemented in DU. To process the data traffic into a physical layer data traffic, the physical layer data traffic is routed between the RU and its associated DU. Each DU is configured to associate with a first CU (first layer) (see claim 1). The DU, to process physical layer data traffic of each associated RU, provides mid-haul data traffic is conducted between the DU and the CU (second layer) (see claim 1). This reads on wherein routing the traffic to the first CU includes routing the traffic via a first layer, wherein the first CU aggregates the traffic via the first layer, and wherein the aggregated traffic is routed to the user plane gateway via a second layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make routing the traffic to the first CU in Yang adapt to include routing the traffic via a first layer, wherein the first CU aggregates the traffic via the first layer, and wherein the aggregated traffic is routed to the user plane gateway via a second layer because this would allow for the efficient communication of voice and data while avoiding service interruptions (see Rajendran, abstract).
Regarding claim 13 Yang teaches limitations as recited in claim 6 and therefore claim 13 is rejected for the same reasons given above.
Regarding claim 14 Yang teaches limitations as recited in claim 7 and therefore claim 14 is rejected for the same reasons given above.
Regarding claim 19 Yang teaches limitations as recited in claim 6 and therefore claim 19 is rejected for the same reasons given above.
Regarding claim 20 Yang teaches limitations as recited in claim 7 and therefore claim 20 is rejected for the same reasons given above.
Response to Arguments
V. Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new grounds of rejection.
Conclusion
VI. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
March 17, 2026