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 .
DETAILED ACTION
Claim Objections
Claims 8, 10, 13-15, 19 and 20 are objected to because of the following informalities:
Claims 8, 10, 13-15, 19 and 20 recites “associated with”. Examiner suggest changing this limitation to another phrase to clarify how association is formed.
Appropriate correction is required.
Response to Arguments
Applicant’s arguments, filed 6/1/2026, with respect to restriction requirement have been fully considered and are persuasive. The restriction requirement has been withdrawn.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-7, 9, 11, 12 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Garcia et al. (US 20210058201 A1 and Garcia hereinafter), in view of Mehta et al. (US 20220150921 A1 and Mehta hereinafter).
Regarding claim 1, Garcia teaches a method of managing a network (Figures 25) comprising:
identifying a spectrum associated with the network (Paragraph 0101; profiles for a device group may be selected based on the MER and spectrum analysis data);
determining a plurality of devices on the spectrum (Figure 8 and Paragraph 0079; a computing device may determine a group of user devices to evaluate, such as a device (e.g., modem) population. The devices in a single group may be devices in a particular geographic area and/or devices in communication with the same node. Paragraphs 0075 and 0130; computing device may configure the device group that operates using those channels or subchannels with a lower modulation order);
computing a new channel configuration of the spectrum (Figure 25 and Paragraph 0161; a device may determine (e.g., estimate) an initial modulation profile using one or more of the concepts described above. For example, the device may estimate the initial modulation profile based on the MER, receive or transmit power, or any other metric of signal quality) that increases network capacity on the spectrum (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity);
determining a portion of the spectrum that is unaffected by the new channel configuration (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity. Thus new configuration will only be applied to the affected network segments showing low MER values, and would be difference between the current channel configuration and the new channel configuration);
reassigning the plurality of devices to the portion of the spectrum using a plurality of intermediate bonding groups (Paragraph 0071; network segment, e.g., service group. Paragraphs 0122, 0126 and 0130; computing device may channelize or otherwise divide up the spectrum (e.g., the raw spectrum data) for the devices. The computing device may channelize individual subcarriers, and the channelized data may be provided to the profile management routine);
using the intermediate bonding groups (Paragraph 0071; network segment, e.g., service group. Paragraphs 0122, 0126 and 0130; computing device may channelize or otherwise divide up the spectrum (e.g., the raw spectrum data) for the devices. The computing device may channelize individual subcarriers, and the channelized data may be provided to the profile management routine);
implementing the new channel configuration on the spectrum (Figure 25 and Paragraph 0163; the device may receive, from the server, the indication of the modulation profile, the device may disregard its current modulation profile and accept the modulation profile assigned by the server); and
Garcia does not explicitly teach reassigning the plurality of devices to the portion of the spectrum that is unaffected by the new channel configuration; determining that the plurality of devices have been moved to the portion of the spectrum that is unaffected by the new channel configuration; and moving the plurality of devices to a new portion of the spectrum based on the new channel configuration. In an analogous art, Mehta teaches reassigning the plurality of devices to the portion of the spectrum that is unaffected by the new channel configuration (Figure 6 and Paragraph 0077; when network power outage or channel congestion is detected for various channels transmitting and receiving data between the cell site and the user, channels with higher levels of congestion are selected a schema for choking off. Users can be moved in a schema to other channels from ones that have been choked off); determining that the plurality of devices have been moved to the portion of the spectrum that is unaffected by the new channel configuration (Paragraph 0077; Users can be moved in a schema to other channels from ones that have been choked off. Power levels to the set of beams used for transmission at the cell site are modulated. For example, the channels that are cut off can cause less traffic and require a lower power level or a change in the operating settings of certain beam sets at the cell site); and moving the plurality of devices to a new portion of the spectrum based on the new channel configuration (Paragraph 0077; the network power level or outage is again rechecked. If network power is restored, then at task 660 the normal operation of the channels is restored). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Garcia and Mehta because it would be desirable to monitor network and frequency interrupts and failures and allow different configurations to base station components to operate in the desired cell network (Mehta, Paragraph 0007).
Regarding claim 2, the combination of Garcia and Mehta teaches all of the limitations of claim 1, as described above. Further, Garcia teaches identifying a profile associated with the network, wherein the profile comprises information identifying the plurality of devices (Figure 8 and Paragraph 0079; a computing device may determine a group of user devices to evaluate, such as a device (e.g., modem) population. The devices in a single group may be devices in a particular geographic area and/or devices in communication with the same node. Paragraphs 0075 and 0130; computing device may configure the device group that operates using those channels or subchannels with a lower modulation order); and information identifying a current channel configuration of the spectrum (Paragraphs 0005 and 0006; based on an analysis of the data indicating the at least one of the downstream or the upstream signal quality of the user device, such as a modulation error ratio (MER). A computing device may determine a modulation profile for the user device. Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity), wherein the current channel configuration comprises a plurality of channels that are used by the plurality of devices to transmit and receive information over the network (Paragraphs 0005 and 0006; based on an analysis of the data indicating the at least one of the downstream or the upstream signal quality of the user device, such as a modulation error ratio (MER). A computing device may determine a modulation profile for the user device. Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity).
Regarding claim 3, the combination of Garcia and Mehta teaches all of the limitations of claim 1, as described above. Further, Garcia teaches determining an updated profile, wherein the updated profile comprises the new channel configuration configured to increase the network capacity of on the spectrum compared with the current channel configuration (Paragraphs 0005 and 0006; based on an analysis of the data indicating the at least one of the downstream or the upstream signal quality of the user device, such as a modulation error ratio (MER). A computing device may determine a modulation profile for the user device. Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity).
Regarding claim 4, the combination of Garcia and Mehta teaches all of the limitations of claim 2, as described above. Further, Garcia teaches wherein the current channel configuration further comprises: a plurality of single carrier quadrature amplitude modulation (SC-QAM) channels (Paragraph 0122; determining a plurality of devices in the network that use a particular communication protocol, such as DOCSIS 3.0. Examiner asserts that in DOCSIS 3.0, downstream and upstream data is transmitted using SC-QAM channels) and an orthogonal frequency division multiplexing (OFDM) channel (Paragraph 0048; determining one or more data modulation profiles for groups of devices, the modulation profiles may comprise Data Over Cable Service Interface Specification (DOCSIS) OFDM modulation profiles).
Regarding claim 5, the combination of Garcia and Mehta teaches all of the limitations of claim 2, as described above. Further, Garcia teaches wherein the profile further comprises: characteristics associated with the network, the plurality of devices, and the plurality of channels (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity. Paragraph 0048; determining one or more data modulation profiles for groups of devices, the modulation profiles may comprise Data Over Cable Service Interface Specification (DOCSIS) OFDM modulation profiles. Paragraph 0122; determining a plurality of devices in the network that uses a particular communication protocol, and determine one or more subcarriers based on channelization).
Regarding claim 6, the combination of Garcia and TEST teaches all of the limitations of claim 2, as described above. Further, Garcia teaches wherein the determining the portion of the spectrum that is unaffected by the new channel configuration is based on differences between the current channel configuration and the new channel configuration (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity. Thus new configuration will only be applied to the affected network segments showing low MER values, and would be difference between the current channel configuration and the new channel configuration).
Regarding claim 7, the combination of Garcia and Mehta teaches all of the limitations of claim 2, as described above. Further, Garcia teaches wherein the plurality of devices may continue to transmit and receive information over the network using the intermediate bonding groups during the implementing (Paragraph 0071; network segment, e.g., service group. Paragraphs 0122, 0126 and 0130; computing device may channelize or otherwise divide up the spectrum (e.g., the raw spectrum data) for the devices. The computing device may channelize individual subcarriers, and the channelized data may be provided to the profile management routine).
Regarding claim 9, the combination of Garcia and Mehta teaches all of the limitations of claim 5, as described above. Further, Garcia teaches wherein the characteristics further comprise the current channel configuration, utilization data, policy constraints, and real-world constraints (Figure 25 and Paragraph 0161; determining one or more data modulation profiles for a device or groups of devices according to one or more illustrative aspects of the disclosure. In step 2505, a device may determine (e.g., estimate) an initial modulation profile using one or more of the concepts described above. For example, the device may estimate the initial modulation profile based on the MER, receive or transmit power, or any other metric of signal quality previously described. The modulation profile may comprise the device's determination of a best fit based on RF fidelity).
Regarding claim 11, Garcia teaches a method of remotely managing a network (Figure 25) comprising:
identifying:
a plurality of devices associated with the network (Figure 8 and Paragraph 0079; a computing device may determine a group of user devices to evaluate, such as a device (e.g., modem) population. The devices in a single group may be devices in a particular geographic area and/or devices in communication with the same node. Paragraphs 0075 and 0130; computing device may configure the device group that operates using those channels or subchannels with a lower modulation order);
a plurality of channels associated with the network (Paragraph 0101; profiles for a device group may be selected based on the MER and spectrum analysis data); and
a profile associated with the network, wherein the profile comprises information indicating a spectrum that the plurality of devices use to transmit and receive data on the spectrum (Paragraphs 0005 and 0006; based on an analysis of the data indicating the at least one of the downstream or the upstream signal quality of the user device, such as a modulation error ratio (MER). A computing device may determine a modulation profile for the user device. Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity);
generating, using a provisioner, an updated profile, wherein the updated profile (Figure 25 and Paragraph 0161; a device may determine (e.g., estimate) an initial modulation profile using one or more of the concepts described above. For example, the device may estimate the initial modulation profile based on the MER, receive or transmit power, or any other metric of signal quality) comprises a new channel configuration of the spectrum that improves network capacity of the network (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity);
determining a portion of the spectrum that is unaffected by the new channel configuration (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity. Thus new configuration will only be applied to the affected network segments showing low MER values, and would be difference between the current channel configuration and the new channel configuration);
temporarily reassigning the devices to the portion of the spectrum (Paragraph 0071; network segment, e.g., service group. Paragraphs 0122, 0126 and 0130; computing device may channelize or otherwise divide up the spectrum (e.g., the raw spectrum data) for the devices. The computing device may channelize individual subcarriers, and the channelized data may be provided to the profile management routine); and
reconfiguring the network, using a coordinator, based on the new channel configuration of the spectrum (Figure 25 and Paragraph 0163; the device may receive, from the server, the indication of the modulation profile, the device may disregard its current modulation profile and accept the modulation profile assigned by the server).
Garcia does not explicitly teach temporarily reassigning the devices to the portion of the spectrum that is unaffected by the new channel configuration; and moving the devices to a new portion of the spectrum based on the new channel configuration. In an analogous art, Mehta teaches temporarily reassigning the devices to the portion of the spectrum that is unaffected by the new channel configuration (Figure 6 and Paragraph 0077; when network power outage or channel congestion is detected for various channels transmitting and receiving data between the cell site and the user, channels with higher levels of congestion are selected a schema for choking off. Users can be moved in a schema to other channels from ones that have been choked off); and moving the devices to a new portion of the spectrum based on the new channel configuration (Paragraph 0077; the network power level or outage is again rechecked. If network power is restored, then at task 660 the normal operation of the channels is restored). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Garcia and Mehta because it would be desirable to monitor network and frequency interrupts and failures and allow different configurations to base station components to operate in the desired cell network (Mehta, Paragraph 0007).
Regarding claim 12, the combination of Garcia and Mehta teaches all of the limitations of claim 11, as described above. Claim 12 recites similar features as claim 6, therefore is rejected for at least the same reason as discussed above regarding claim 6.
Regarding claim 16, Garcia teaches a method of remotely managing a spectrum associated with a network (Figure 25) comprising:
computing a new spectrum configuration (Figure 25 and Paragraph 0161; a device may determine (e.g., estimate) an initial modulation profile using one or more of the concepts described above. For example, the device may estimate the initial modulation profile based on the MER, receive or transmit power, or any other metric of signal quality) that increases capacity of the network (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity) using a mixed-integer linear programmer (Paragraph 0130; cross-correlation routines, and linear graphing, among other types of algorithms);
routing a plurality of devices on the network to a portion of the spectrum (Paragraph 0071; network segment, e.g., service group. Paragraphs 0122, 0126 and 0130; computing device may channelize or otherwise divide up the spectrum (e.g., the raw spectrum data) for the devices. The computing device may channelize individual subcarriers, and the channelized data may be provided to the profile management routine);
determining a portion of the spectrum that is unaffected by the new channel configuration (Paragraphs 0067 and 0071; if the system identifies network segments showing low MER values in this band, the system may reconfigure the network to prevent data loss at the physical layer of the DOCSIS network, and updating modulation profiles may be used to optimize channel capacity. Thus new configuration will only be applied to the affected network segments showing low MER values, and would be difference between the current channel configuration and the new channel configuration).
Garcia does not explicitly teach the plurality devices have been reassigned to the portion of the spectrum that is unaffected; applying the new spectrum configuration while the plurality of devices continue to transmit and receive data using the portion of the spectrum that is unaffected; and rerouting the plurality of devices to a new portion of the spectrum based on the new spectrum configuration. In an analogous art, Mehta teaches the plurality devices have been reassigned to the portion of the spectrum that is unaffected (Figure 6 and Paragraph 0077; when network power outage or channel congestion is detected for various channels transmitting and receiving data between the cell site and the user, channels with higher levels of congestion are selected a schema for choking off. Users can be moved in a schema to other channels from ones that have been choked off); applying the new spectrum configuration while the plurality of devices continue to transmit and receive data using the portion of the spectrum that is unaffected (Paragraph 0071; network segment, e.g., service group. Paragraphs 0122, 0126 and 0130; computing device may channelize or otherwise divide up the spectrum (e.g., the raw spectrum data) for the devices. The computing device may channelize individual subcarriers, and the channelized data may be provided to the profile management routine); and rerouting the plurality of devices to a new portion of the spectrum based on the new spectrum configuration (Paragraph 0077; the network power level or outage is again rechecked. If network power is restored, then at task 660 the normal operation of the channels is restored). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Garcia and Mehta because it would be desirable to monitor network and frequency interrupts and failures and allow different configurations to base station components to operate in the desired cell network (Mehta, Paragraph 0007).
Regarding claim 17, the combination of Garcia and Mehta teaches all of the limitations of claim 16, as described above. Claim 17 recites similar features as claim 2, therefore is rejected for at least the same reason as discussed above regarding claim 2.
Regarding claim 18, the combination of Garcia and Mehta teaches all of the limitations of claim 17, as described above. Further, Garcia teaches an updated profile that comprises the new spectrum configuration (Figure 25 and Paragraph 0163; the device may receive, from the server, the indication of the modulation profile. In step 2535 and if applicable (e.g., the modulation profile is changed), the device may disregard its current modulation profile and accept the modulation profile assigned by the server).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Garcia et al. (US 20200389239 A1) discloses evaluating profiles used for communication with a user device over communication channels.
Allowable Subject Matter
Claims 8, 13 and 19 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. Claims 10 depends from claim 8, claims 14 and 15 depends or ultimately depends from claim 13, claim 20 depends from claim 19, therefore claims 10, 14, 15 and 20 are also 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 an examiner’s statement of reasons for allowance:
Applicant's invention is drawn to remotely reconfiguring spectrum of a network based on a network profile with a service group.
The prior arts of record, Garcia, Mehta and Garcia 2, and a thorough search discloses various aspects and features of applicant's claimed invention but fail to explicitly or implicitly teach or disclose
wherein the plurality of intermediate bonding groups are further determined based on the unaffected channels and characteristics associated with the plurality of devices, as disclosed in dependent claim 8;
wherein the reconfiguring further comprises: determining a plurality of intermediate bonding groups based on differences between the current channel configuration and the new channel configuration, as disclosed in dependent claim 13; and
determining intermediate bonding groups based on characteristics associated with the plurality of devices and differences between the current spectrum configuration and the new spectrum configuration, as disclosed in dependent claim 19.
These functions, in combination of remaining functions are neither taught nor disclosed by the prior art.
Accordingly, Applicant’s dependent claims 8, 10, 13-15, 19 and 20 would be allowable for these reasons.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Jing Gao/
Primary Examiner, Art Unit 2647
Prosecution Insights