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 .
Information Disclosure Statement
No IDS has been provided nor considered at the time of this Office Action.
Specification Objections
Applicant is reminded of the proper language and format for an abstract of the
disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a
separate sheet within the range of 50 to 150 words in length. The abstract should describe the
disclosure sufficiently to assist readers in deciding whether there is a need for consulting the
full patent text for details.
The language should be clear and concise and should not repeat information given in
the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,”
“The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the
form and legal phraseology often used in patent claims, such as “means” and “said,” should be
avoided.
There is no abstract of the disclosure to comply 37 CFR 1.72 Title and abstract:
(b) A brief abstract of the technical disclosure in the specification must commence on a separate sheet, preferably following the claims, under the heading “Abstract” or “Abstract of the Disclosure.” The sheet or sheets presenting the abstract may not include other parts of the application or other material. The abstract must be as concise as the disclosure permits, preferably not exceeding 150 words in length. The purpose of the abstract is to enable the Office and the public generally to determine quickly from a cursory inspection the nature and gist of the technical disclosure.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The use of the term Bluetooth, Wi-Fi, WiMAX, Zigbee or Z-Wave, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Claims 1, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beattie et al. (US-20180234874-A1), as field on Apr. 17, 2018 and published on Aug. 16, 2018.
Regarding claim 1, Beattie teaches a first communication device, comprising (FIG. 7 and [0013]-[0014] depict a communication device): a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations ([0013] and [0066] illustrate the communication device can includes a processor and memory to store executable instructions. Responsive to executing the instructions, the processor performs operations of the method, [0081], such as predicting P2P communication as described in claim 1, transmitting contents as stated in claim 13, etc.), the operations comprising: participating in a communication session, over a communication network, on the first communication device (Fig. 1, [0016], lines 6-10 states “Communication sessions can include device to network to device communications for supporting voice and data communications using 2G, 3G, 4G, or 5G technology as the case may be.” [0075], lines 1-3 states “devices described in the exemplary embodiments can be in communication with each other via various wireless and/or wired methodologies.”. That implies the operations can include participating in a communication session, through a communication network, on the communication device. [0017], lines 9-13 illustrates that the system is designed to facilitate communication sessions between devices over the network); receiving user-generated input ([0061]-[0063] illustrate the user interface (UI) as user-generated input, as shown in 704, Fig. 7. The display 710 can use touch screen technology to also serve as a user interface for detecting user input. As a touch screen display, the communication device 700 can be adapted to present a user interface with graphical user interface (GUI) elements that can be selected by a user with a touch of a finger, which can be used to transmit an input or display the output), wherein the user-generated input initiates transferring the communication session from the first communication device to a second communication device ([0019], lines 12-15 implies the user can generate an input to request content or service. Claim 5 describes the request includes a communication identifier for the first communication device and [0023] lines 1-9 illustrates how the identifier can be used to facilitate the transfer of the communication session to the second device. Claim 13 confirms the device can receive user generated input, which can trigger the system to transfer the session to the second device); generating a peer-to-peer communication link between the first communication device and the second communication device (Fig. 2 Steps 222 and 224 describe the establishment of P2P connections between the devices. [0023]-[0024] describe how to initiate P2P between the two devices via a session to transmit the data/message (e.g., video stream, software update, files, provisioning information, etc.) as stated in [0022]. [0024], lines 21-25 states “Once communications are established, the second communication device can proceed to step 224 to deliver services over a peer-to-peer session, or step 226 to deliver services over a LAN session, whichever is decided as most appropriate in step 222.” Which implies the communication device can generate the P2P with the second one); transmitting data associated with the communication session to the second communication device over the peer-to-peer communication link ([0024], lines 21-24 and Claim 13 states “transmitting, by the processing system, the content to the second communication device for distribution to the first communication device responsive to the predicting, wherein a transmission of data between the second communication device and the first communication device occurs when the second communication device comes into the peer-to-peer communication range of the first communication device” and [0022], lines 6-14 states “The message can represent data to be distributed to the first device (e.g., video stream, software update, files, provisioning information, etc.). The message can instead or in combination represent instructions to provide the first communication device data and/or voice communication services once the second communication device is in a communication range of the first communication device at step 220.” Which implies the transmit data via P2P connection could be instructions or any other types of sharing data); and providing first instructions to a first network node to transfer the communication session from the first communication device to the second communication device (Fig. 2, Steps 206-210, visually illustrates that the server 130, [0017], lines 9-13, as a part of network infrastructure which connected to network node, responsible to transmit the message from first device (as instructed by the first device) in Step 206 to the second device as shown in Step 218 as instructed by the first device, [0071], lines 5-15, where the first device can monitor the proximity of the second device to initiate the communication with it and send the data as shown in Steps 220-224), wherein the first network node facilitates transfer of the communication session from the first communication device to the second communication device in response to receiving the first instructions from the first communication device ([0023] states “at step 218 such as, for example, receiving from the servers 130 an identification of the network node which the first communication device is communicatively coupled to and a communication identifier (e.g., phone number, IP address, URI, or other suitable identifier) of the first communication device for initiating communications. Alternatively, the second communication device can receive from the servers 130 a location coordinate of the first communication device, which the second communication device can use to determine when it is in close proximity to the first communication device to perform a peer-to-peer session.” Which implies the role of the network node in facilitate the communication between the two device. [0033], lines 11-14 gives an example on how the network node can assist in transferring the session content between two devices, [0024], lines 1-8).
Regarding claim 10, Beattie teaches the first communication device of claim 1.
Beattie further teaches wherein the communication session includes accessing media content from a server, wherein the media content is selected from a group of media content, navigation content, video game content, virtual reality content, cross reality content, augmented reality content, audio content, or combination thereof (Claim 17 demonstrates that the communication session includes accessing to the media content from the server during the session. [0019] states ”The service can be media content (such as a streaming video), data content (such as provisioning information, a file, etc.), software content (such as delivery of a software update), or communication services such as providing voice or internet communication services, and so on. Services in the present context can mean delivery of data of any kind or communication services of any kind.” [0036] lines 4-7 describes that media content can represent, for example, audio content, moving image content such as 2D or 3D videos, video games, virtual reality content, still image content, and combinations thereof. [0016] confirms that Communication sessions can include device to network to device communications for supporting voice and data communications using 2G, 3G, 4G, or 5G technology).
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.
Claims 2, 3, 11-13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Beattie et al. (US-20180234874-A1) in view of Bai et al. (US-20240305533-A1).
Regarding claim 2, Beattie teaches the first communication device of claim 1.
Beattie fails to teach wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol.
However, Bai teaches teach wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol ([0122], lines 11-21 states “These RATs may include one or more V2X RATs, which allow these elements to communicate directly with one another, with infrastructure equipment (e.g., NANs 830), and other devices. In some implementations, at least two distinct V2X RATs may be used including WLAN V2X (W-V2X) RAT based on IEEE V2X technologies (e.g., DSRC for the U.S. and ITS-G5 for Europe) and 3GPP C-V2X RAT (e.g., LTE, 5G/NR, and beyond). In one example, the C-V2X RAT may utilize a C-V2X air interface and the WLAN V2X RAT may utilize an W-V2X air interface. “ that implies the P2P can be implemented in 5G sidelink [0182], [0365] describe some examples of P2P, [0092], lines 6-15 illustrates some protocols/ features of NR (new radio) and [0123] describes some features of this communication in the US and Europe. [0107] indicates other 5G protocols that can be used D2D communication such as operating in licensed/ unlicensed spectrum, as shown in Fig. 8, which means P2P communication link comprises a 5G sidelink implementing a 5G sidelink protocol, [0117], lines 11-19).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 3, Beattie teaches the first communication device of claim 1.
Beattie fails to teach wherein the first network node comprises a non-real-time radio access network (RAN) intelligent controller.
However, Bai teaches wherein the first network node comprises a non-real-time radio access network (RAN) intelligent controller ([0140] states “FIG. 10 illustrates a logical architecture 1000 of the O-RAN system architecture 900 of FIG. 9. In FIG. 10, the SMO 1002 corresponds to the SMO 902, O-Cloud 1006 corresponds to the O-Cloud 906, the non-RT RIC 1012 corresponds to the non-RT RIC 912, the near-RT RIC 1014 corresponds to the near-RT RIC 914, and the O-RU 1016 corresponds to the O-RU 916 of FIG. 10, respectively.” Which describes that the network node includes non-real-time radio access network (RAN) intelligent controller).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 11, Beattie teaches a non-transitory, machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising ([0082] states “The term “tangible computer-readable storage medium” shall also be taken to include any non-transitory medium that is capable of storing or encoding a set of instructions for execution by the machine and that cause the machine to perform any one or more of the methods of the subject disclosure. The term “non-transitory” as in a non-transitory computer-readable storage includes without limitation memories, drives, devices and anything tangible but not a signal per se” that implies the system can execute the functions to perform the method): receiving, over a communication network, first instructions from a first communication device, wherein the first instructions indicate to transfer a communication session from the first communication device to a second communication device (Fig. 2, Steps 206-210, visually illustrates that the server 130, [0017], lines 9-13, as a part of network infrastructure which connected to network node, responsible to transmit the message from first device (as instructed by the first device) in Step 206 to the second device as shown in Step 218 as instructed by the first device, [0071], lines 5-15, where the first device can monitor the proximity of the second device to initiate the communication with it and send the data as shown in Steps 220-224), wherein the first network node receives the first instructions (Fig. 2, Steps 206-210, visually illustrates that the server 130, [0017], lines 9-13, as a part of network infrastructure which connected to network node, responsible to transmit the message from first device (as instructed by the first device) in Step 206 to the second device as shown in Step 218 as instructed by the first device, [0071], lines 5-15, where the first device can monitor the proximity of the second device to initiate the communication with it and send the data as shown in Steps 220-224), wherein the first communication device generates a peer-to-peer communication link between the first communication device and the second communication device (Fig. 2 Steps 222 and 224 describe the establishment of P2P connections between the devices. [0023]-[0024] describe how to initiate P2P between the two devices via a session to transmit the data/message (e.g., video stream, software update, files, provisioning information, etc.) as stated in [0022]. [0024], lines 21-25 states “Once communications are established, the second communication device can proceed to step 224 to deliver services over a peer-to-peer session, or step 226 to deliver services over a LAN session, whichever is decided as most appropriate in step 222.” Which implies the communication device can generate the P2P with the second one), wherein the first communication device transmits data associated with the communication session to the second communication device over the peer-to-peer communication link ([0024], lines 21-24 and Claim 13 states “transmitting, by the processing system, the content to the second communication device for distribution to the first communication device responsive to the predicting, wherein a transmission of data between the second communication device and the first communication device occurs when the second communication device comes into the peer-to-peer communication range of the first communication device” and [0022], lines 6-14 states “The message can represent data to be distributed to the first device (e.g., video stream, software update, files, provisioning information, etc.). The message can instead or in combination represent instructions to provide the first communication device data and/or voice communication services once the second communication device is in a communication range of the first communication device at step 220.” Which implies the transmit data via P2P connection could be instructions or any other types of sharing data).
Beattie fails to teach wherein the processing system comprises a first network node and a second network node, transmitting second instructions from the first network node to the second network node, wherein the second instructions indicate to transfer the communication session from the first communication device to the second communication device; and facilitating the transfer of the communication session by the second network node from the first communication device to the second communication device.
However, Bai teaches wherein the processing system comprises a first network node and a second network node (Figs 9-11, and [0155]-[0156] describes the two network nodes, the O-RAN near-RT RIC and the non-RT RIC , as a part of O-RAN architecture), transmitting second instructions from the first network node to the second network node, wherein the second instructions indicate to transfer the communication session from the first communication device to the second communication device (Figs. 12-13 illustrates the two types of network node, [0163] states “The Near-RT RIC 1114 hosts one or more xApps that use the E2 interface to collect near real-time information (e.g., UE basis, Cell basis) and provide value added services.” [0154] explicitly describes the transmission of the instructions from the Non-Real time RIC RAN, which included rApp, to the Near Rael Time RIC RAN, which included xApps. The xApp metrics specification shall include a list of metrics (e.g., metric name, type, unit and semantics) provided by the xApp. [0190] states “The Near-RT RIC 1114 is connected to the Non-RT RIC 1112 through the A1 interface (see e.g., [O-RAN.WG2.AlGAP-v02.03]). illustrates that xApps are connected” that implies the rApp connected to xApp via A1 interface as shown in Figs. 9-11 to optimize the RAN elements and resources A1/machine learning (ML) workflow(s) including model training, inferences, and updates; and policy-based guidance of applications /features in the Near-RT RIC 1014 as stated in [0154]); and facilitating the transfer of the communication session by the second network node from the first communication device to the second communication device ( [0155] describes the role of the Near-RT RIC (the second network node) in control and optimization of RAN elements and resources via fine-grained data collection and actions over the E2 interface, which including the resources managements and traffic management as also indicated in [0163] lines 1-3. That implies the second network node can have a control to facilitates the session transferring ).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 12, Beattie and Bai teach the non-transitory, machine-readable medium of claim 11.
Beattie fails to teach wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol.
However, Bai teaches teach wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol ([0122], lines 11-21 states “These RATs may include one or more V2X RATs, which allow these elements to communicate directly with one another, with infrastructure equipment (e.g., NANs 830), and other devices. In some implementations, at least two distinct V2X RATs may be used including WLAN V2X (W-V2X) RAT based on IEEE V2X technologies (e.g., DSRC for the U.S. and ITS-G5 for Europe) and 3GPP C-V2X RAT (e.g., LTE, 5G/NR, and beyond). In one example, the C-V2X RAT may utilize a C-V2X air interface and the WLAN V2X RAT may utilize an W-V2X air interface. “ that implies the P2P can be implemented in 5G sidelink [0182], [0365] describe some examples of P2P, [0092], lines 6-15 illustrates some protocols/ features of NR (new radio) and [0123] describes some features of this communication in the US and Europe. [0107] indicates other 5G protocols that can be used D2D communication such as operating in licensed/ unlicensed spectrum, as shown in Fig. 8, which means P2P communication link comprises a 5G sidelink implementing a 5G sidelink protocol, [0117], lines 11-19).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 13, Beattie and Bai teach the non-transitory, machine-readable medium of claim 11.
Beattie fails to teach wherein the first network node comprises a non-real-time radio access network (RAN) intelligent controller.
However, Bai teaches wherein the first network node comprises a non-real-time radio access network (RAN) intelligent controller ([0140] states “FIG. 10 illustrates a logical architecture 1000 of the O-RAN system architecture 900 of FIG. 9. In FIG. 10, the SMO 1002 corresponds to the SMO 902, O-Cloud 1006 corresponds to the O-Cloud 906, the non-RT RIC 1012 corresponds to the non-RT RIC 912, the near-RT RIC 1014 corresponds to the near-RT RIC 914, and the O-RU 1016 corresponds to the O-RU 916 of FIG. 10, respectively.” Which describes that the network node includes non-real-time radio access network (RAN) intelligent controller).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 20, Beattie teaches a method, comprising: establishing, by a first communication device ( [0017] and Fig. 2 show the flowchart of the method which including two communication devices to check whether to engage in peer-to-peer communications), a peer-to-peer communication link between a second communication device and the first communication device, wherein the second communication device generates the peer-to-peer communication link (Fig. 2 Steps 222 and 224 describe the establishment of P2P connections between the devices. [0023]-[0024] describe how to initiate P2P between the two devices via a session to transmit the data/message (e.g., video stream, software update, files, provisioning information, etc.) as stated in [0022]. [0024], lines 21-25 states “Once communications are established, the second communication device can proceed to step 224 to deliver services over a peer-to-peer session, or step 226 to deliver services over a LAN session, whichever is decided as most appropriate in step 222.” Which implies the communication device can generate the P2P with the second one), receiving, by the first communication device, first data associated with a communication session established by the second communication device ([0024], lines 21-24 and Claim 13 states “transmitting, by the processing system, the content to the second communication device for distribution to the first communication device responsive to the predicting, wherein a transmission of data between the second communication device and the first communication device occurs when the second communication device comes into the peer-to-peer communication range of the first communication device” and [0022], lines 6-14 states “The message can represent data to be distributed to the first device (e.g., video stream, software update, files, provisioning information, etc.). The message can instead or in combination represent instructions to provide the first communication device data and/or voice communication services once the second communication device is in a communication range of the first communication device at step 220.” Which implies the transmit data via P2P connection could be instructions or any other types of sharing data).
Beattie fails to teach wherein the communication link comprises a 5G sidelink implementing a 5G sidelink protocol; and receiving, by the first communication device, second data from a server associated with the communication session and facilitated by a non-real-time radio access network (RAN) intelligent controller (RIC) utilizing a B_rApp application and a near real-time (RIC) utilizing an A_xApp application.
However, Bai teaches wherein the communication link comprises a 5G sidelink implementing a 5G sidelink protocol ([0122], lines 11-21 states “These RATs may include one or more V2X RATs, which allow these elements to communicate directly with one another, with infrastructure equipment (e.g., NANs 830), and other devices. In some implementations, at least two distinct V2X RATs may be used including WLAN V2X (W-V2X) RAT based on IEEE V2X technologies (e.g., DSRC for the U.S. and ITS-G5 for Europe) and 3GPP C-V2X RAT (e.g., LTE, 5G/NR, and beyond). In one example, the C-V2X RAT may utilize a C-V2X air interface and the WLAN V2X RAT may utilize an W-V2X air interface. “ that implies the P2P can be implemented in 5G sidelink [0182], [0365] describe some examples of P2P, [0092], lines 6-15 illustrates some protocols/ features of NR (new radio) and [0123] describes some features of this communication in the US and Europe. [0107] indicates other 5G protocols that can be used D2D communication such as operating in licensed/ unlicensed spectrum, as shown in Fig. 8, which means P2P communication link comprises a 5G sidelink implementing a 5G sidelink protocol, [0117], lines 11-19); and receiving, by the first communication device, second data from a server associated with the communication session (Figs. 12-13 illustrates the two types of network node that included in the server, [0163] states “The Near-RT RIC 1114 hosts one or more xApps that use the E2 interface to collect near real-time information (e.g., UE basis, Cell basis) and provide value added services.” [0154] explicitly describes the transmission of the instructions from the Non-Real time RIC RAN, which included rApp, to the Near Rael Time RIC RAN, which included xApps. The xApp metrics specification shall include a list of metrics (e.g., metric name, type, unit and semantics) provided by the xApp. [0190] states “The Near-RT RIC 1114 is connected to the Non-RT RIC 1112 through the A1 interface (see e.g., [O-RAN.WG2. AlGAP-v02.03]). illustrates that xApps are connected” that implies the rApp connected to xApp via A1 interface as shown in Figs. 9-11 to optimize the RAN elements and resources A1/machine learning (ML) workflow(s) including model training, inferences, and updates; and policy-based guidance of applications /features in the Near-RT RIC 1014 as stated in [0154]) and facilitated by a non-real-time radio access network (RAN) intelligent controller (RIC) utilizing a B_rApp application and a near real-time (RIC) utilizing an A_xApp application (Figs. 12-13 illustrates different types of xApps, [0163] states “The Near-RT RIC 1114 hosts one or more xApps that use the E2 interface to collect near real-time information (e.g., UE basis, Cell basis) and provide value added services.” [0154] explicitly describes the transmission of the instructions from the Non-Real time RIC RAN, which included rApp, to the Near Rael Time RIC RAN, which included xApps. [0167]-[0171] describe the xApps applications as kind of software applications that facilitate the transfer of communication content/session between two devices. [0178], lines 7-12 states “The xApp controls specification includes the types of data it consumes and provides that enable control capabilities (e.g., xApp URL, parameters, input/output type). The xApp metrics specification shall include a list of metrics (e.g., metric name, type, unit and semantics) provided by the xApp.” other types of xApp described in [0092] and claim 56. [0351] lines 10-25 describes a transfer applications that can facilitate the data transmission between the devices such as FTP and VoIP).” [0190] states “The Near-RT RIC 1114 is connected to the Non-RT RIC 1112 through the A1 interface (see e.g., [O-RAN.WG2.AlGAP-v02.03]). illustrates that xApps are connected” that implies the rApp connected to xApp via A1 interface as shown in Figs. 9-11 to optimize the RAN elements and resources A1/machine learning (ML) workflow(s) including model training, inferences, and updates; and policy-based guidance of applications /features in the Near-RT RIC 1014 as stated in [0154]. [0155] describes the role of the Near-RT RIC (the second network node) in control and optimization of RAN elements and resources via fine-grained data collection and actions over the E2 interface, which including the resources managements and traffic management as also indicated in [0163] lines 1-3)..
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Claim 4 are rejected under 35 U.S.C. 103 as being unpatentable over Beattie et al. (US-20180234874-A1) in view of Cui et al. (US-20180270721-A1).
Regarding claim 4, Beattie teaches the first communication device of claim 1.
Beattie fails to teach wherein a transfer application facilitates transmitting the data associated with the communication session from the first communication device to the second communication device.
However, Cui teaches wherein a transfer application facilitates transmitting the data associated with the communication session from the first communication device to the second communication device ([0046] lines 2-8 states “Application information may include information pertaining to an application, or applications, executing or to be executed on a UE. Example applications may include sensor applications (for communicating sensor information, i.e., measured information by sensors), voice applications, video applications, data transfer applications,” which implies the communication device has different software applications for sending, receiving and processing the data over the network as shown in Fig. 9. [0132] states “FIG. 9 is a block diagram of network device 700 that may be connected to or include a component of network 100, such as UE 178, controller 190, cell 182, or the like. Network device 700 may include hardware or a combination of hardware and software. The functionality to facilitate telecommunications via a telecommunications network may reside in one or combination of network devices 700.” That indicates these applications facilitate transmitting the data associated with the communication session between communication devices ).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie to incorporate the teachings of Cui (in analogous art) by including transfer application facilitates transmitting the data associated with the communication session from the first communication device to the second communication device for seamless communication and data exchange between the different types of devices (Cui, [0142]).
Claims 5-9, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Beattie et al. (US-20180234874-A1) in view of Cui et al. (US-20180270721-A1), further in view of Bai et al. (US-20240305533-A1).
Regarding claim 5, Beattie and Cui teach the first communication device of claim 4.
Beattie and Cui do not explicitly teach wherein the transfer application communicates with a B_rApp application residing on the first network node, wherein the transfer application provides the first instructions to transfer the communication session to the B_rApp application.
However, Bai teaches wherein the transfer application communicates with a B_rApp application residing on the first network node, wherein the transfer application provides the first instructions to transfer the communication session to the B_rApp application ([0012] describes MEC frame work that can act as link between the communication devices and O-RAN, which is an edge of the network that is closest to the end user or devices, as stated in [0090]. Claim 65 states “an rApp implemented by a Non-RT RIC in the O-RAN framework; a Multi-Access Edge Computing (MEC) application in a MEC framework” that means a B_rApp application, a type of rApps, residing on the network node, and communicates with the applications of the communication device through MEC framework, which can act as intermediaries to provide the instructions/data between the communication device and rApp, as indicated in [0155]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding to claim 6, Beattie, Cui and Bai teach the first communication device of claim 5.
Beattie and Cui do not explicitly teach wherein the B_rApp application provides second instructions to an A_xApp application to facilitate transfer of the communication session from the first communication device to the second communication device.
However, Bai teaches wherein the B_rApp application provides second instructions to an A_xApp application to facilitate transfer of the communication session from the first communication device to the second communication device (Figs. 12-13 illustrates different types of xApps, [0163] states “The Near-RT RIC 1114 hosts one or more xApps that use the E2 interface to collect near real-time information (e.g., UE basis, Cell basis) and provide value added services.” [0154] explicitly describes the transmission of the instructions from the Non-Real time RIC RAN, which included rApp, to the Near Rael Time RIC RAN, which included xApps. [0167]-[0171] describe the xApps applications as kind of software applications that facilitate the transfer of communication content/session between two devices. [0178], lines 7-12 states “The xApp controls specification includes the types of data it consumes and provides that enable control capabilities (e.g., xApp URL, parameters, input/output type). The xApp metrics specification shall include a list of metrics (e.g., metric name, type, unit and semantics) provided by the xApp.” other types of xApp described in [0092] and claim 56. [0351] lines 10-25 describes a transfer applications that can facilitate the data transmission between the devices such as FTP and VoIP).” [0190] states “The Near-RT RIC 1114 is connected to the Non-RT RIC 1112 through the A1 interface (see e.g., [O-RAN.WG2.AlGAP-v02.03]). illustrates that xApps are connected” that implies the rApp connected to xApp via A1 interface as shown in Figs. 9-11 to optimize the RAN elements and resources A1/machine learning (ML) workflow(s) including model training, inferences, and updates; and policy-based guidance of applications /features in the Near-RT RIC 1014 as stated in [0154]. [0155] describes the role of the Near-RT RIC (the second network node) in control and optimization of RAN elements and resources via fine-grained data collection and actions over the E2 interface, which including the resources managements and traffic management as also indicated in [0163] lines 1-3).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 7, Beattie, Cui and Bai teach the first communication device of claim 6.
Beattie and Cui do not explicitly teach wherein the A_xApp application resides on a second network node.
However, Bai teaches wherein the A_xApp application resides on a second network node (Figs. 12-13, [0167] and [0188] illustrate that xApps, including A_xApp (a type of xApps), are hosted on the Near-RT RIC 1114, which is a logical network node within the O-RAN architecture).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 8, Beattie, Cui and Bai teach the first communication device of claim 7.
Beattie and Cui do not explicitly teach wherein the second network node comprises a near real-time RAN intelligent controller.
However, Bai teaches wherein the second network node comprises a near real-time RAN intelligent controller (Figs. 11-13, [0155] and [0160] describe the Near-RT RIC 1114 is a logical network node placed between the E2 Nodes and the Service Management & Orchestration layer (SMO) 1102, which implies that network node comprises a near real-time RAN intelligent controller).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 9, Beattie, Cui and Bai teach the first communication device of claim 6.
Beattie and Cui do not explicitly teach wherein the A_xApp facilitates transfer of the communication session from the first communication device to the second communication device.
However, Bai teaches wherein the A_xApp facilitates transfer of the communication session from the first communication device to the second communication device ([0172] describes the role of the xApps in session transfer, where the xApps can act on policies and instructions that received from the Non-RT RIC via A1 interface. That implies the xApps, including A_xApp can facilitate the session transfer by monitoring the real-time RAN metrics, define a new A1 policy type; managing RAN operations, receive E2 indication messages from the RAN, and issue E2 policy and control messages to the RAN; and report metrics related to its own execution or observed RAN events. [0037] and [0253] illustrate INMS implementation as one or more xApps, which responsible on distribution packets across multiple paths to achieve better quality-of-service (QoS), as indicated in [0083], and control the resource allocation which facilitates the transfer of the communication session between the devices).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 14, Beattie and Bai teach the non-transitory, machine-readable medium of claim 11.
Beattie and Bai do not explicitly teach wherein a transfer application facilitates transmitting the data associated with the communication session from the first communication device to the second communication device.
However, Cui teaches wherein a transfer application facilitates transmitting the data associated with the communication session from the first communication device to the second communication device ([0046] lines 2-8 states “Application information may include information pertaining to an application, or applications, executing or to be executed on a UE. Example applications may include sensor applications (for communicating sensor information, i.e., measured information by sensors), voice applications, video applications, data transfer applications,” which implies the communication device has different software applications for sending, receiving and processing the data over the network as shown in Fig. 9. [0132] states “FIG. 9 is a block diagram of network device 700 that may be connected to or include a component of network 100, such as UE 178, controller 190, cell 182, or the like. Network device 700 may include hardware or a combination of hardware and software. The functionality to facilitate telecommunications via a telecommunications network may reside in one or combination of network devices 700.” That indicates these applications facilitate transmitting the data associated with the communication session between communication devices ).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Bai to incorporate the teachings of Cui (in analogous art) by including transfer application facilitates transmitting the data associated with the communication session from the first communication device to the second communication device for seamless communication and data exchange between the different types of devices (Cui, [0142]).
Regarding claim 15, Beattie, Bai and Cui teach the non-transitory, machine-readable medium of claim 14.
Beattie and Cui do not explicitly teach wherein the transfer application communicates with a B_rApp application residing on the first network node, wherein the transfer application provides the first instructions to transfer the communication session to the B_rApp application.
However, Bai teaches wherein the transfer application communicates with a B_rApp application residing on the first network node, wherein the transfer application provides the first instructions to transfer the communication session to the B_rApp application ([0012] describes MEC frame work that can act as link between the communication devices and O-RAN, which is an edge of the network that is closest to the end user or devices, as stated in [0090]. Claim 65 states “an rApp implemented by a Non-RT RIC in the O-RAN framework; a Multi-Access Edge Computing (MEC) application in a MEC framework” that means a B_rApp application, a type of rApps, residing on the network node, and communicates with the applications of the communication device through MEC framework, which can act as intermediaries to provide the instructions/data between the communication device and rApp, as indicated in [0155]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 16, Beattie, Bai and Cui teach the non-transitory, machine-readable medium of claim 15.
Beattie and Cui do not explicitly teach wherein the B_rApp application provides second instructions to an A_xApp application to facilitate transfer of the communication session from the first communication device to the second communication device.
However, Bai teaches wherein the B_rApp application provides second instructions to an A_xApp application to facilitate transfer of the communication session from the first communication device to the second communication device (Figs. 12-13 illustrates different types of xApps, [0163] states “The Near-RT RIC 1114 hosts one or more xApps that use the E2 interface to collect near real-time information (e.g., UE basis, Cell basis) and provide value added services.” [0154] explicitly describes the transmission of the instructions from the Non-Real time RIC RAN, which included rApp, to the Near Rael Time RIC RAN, which included xApps. [0167]-[0171] describe the xApps applications as kind of software applications that facilitate the transfer of communication content/session between two devices. [0178], lines 7-12 states “The xApp controls specification includes the types of data it consumes and provides that enable control capabilities (e.g., xApp URL, parameters, input/output type). The xApp metrics specification shall include a list of metrics (e.g., metric name, type, unit and semantics) provided by the xApp.” other types of xApp described in [0092] and claim 56. [0351] lines 10-25 describes a transfer applications that can facilitate the data transmission between the devices such as FTP and VoIP).” [0190] states “The Near-RT RIC 1114 is connected to the Non-RT RIC 1112 through the A1 interface (see e.g., [O-RAN.WG2.AlGAP-v02.03]). illustrates that xApps are connected” that implies the rApp connected to xApp via A1 interface as shown in Figs. 9-11 to optimize the RAN elements and resources A1/machine learning (ML) workflow(s) including model training, inferences, and updates; and policy-based guidance of applications /features in the Near-RT RIC 1014 as stated in [0154]. [0155] describes the role of the Near-RT RIC (the second network node) in control and optimization of RAN elements and resources via fine-grained data collection and actions over the E2 interface, which including the resources managements and traffic management as also indicated in [0163] lines 1-3).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 17, Beattie, Bai and Cui teach the non-transitory, machine-readable medium of claim 16.
Beattie and Cui do not explicitly teach wherein the A_xApp application resides on the second network node.
However, Bai teaches wherein the A_xApp application resides on the second network node (Figs. 12-13, [0167] and [0188] illustrate that xApps, including A_xApp, are hosted on the Near-RT RIC 1114, which is a logical network node within the O-RAN architecture).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 18, Beattie, Bai, and Cui teach the non-transitory, machine-readable medium of claim 17.
Beattie and Cui do not explicitly teach wherein the second network node comprises a near real-time RAN intelligent controller.
However, Bai teaches wherein the second network node comprises a near real-time RAN intelligent controller (Figs. 11-13, [0155] and [0160] describe the Near-RT RIC 1114 is a logical network node placed between the E2 Nodes and the Service Management & Orchestration layer (SMO) 1102, which implies that network node comprises a near real-time RAN intelligent controller).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Regarding claim 19, Beattie, Bai and Cui teach the non-transitory, machine-readable medium of claim 16.
Beattie and Cui do not explicitly teach wherein the A_xApp facilitates the transfer of the communication session from the first communication device to the second communication device.
However, Bai teaches wherein the A_xApp facilitates the transfer of the communication session from the first communication device to the second communication device([0172] describes the role of the xApps in session transfer, where the xApps can act on policies and instructions that received from the Non-RT RIC via A1 interface. That implies the xApps, including A_xApp can facilitate the session transfer by monitoring the real-time RAN metrics, define a new A1 policy type; managing RAN operations, receive E2 indication messages from the RAN, and issue E2 policy and control messages to the RAN; and report metrics related to its own execution or observed RAN events. [0037] and [0253] illustrate INMS implementation as one or more xApps, which responsible on distribution packets across multiple paths to achieve better quality-of-service (QoS), as indicated in [0083], and control the resource allocation which facilitates the transfer of the communication session between the devices).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Beattie in view of Cui to incorporate the teachings of Bai (in analogous art) by including wherein the peer-to-peer communication link comprises a 5G sidelink implementing a 5G sidelink protocol for efficient use of network resources in transferring the data to multiple devices (Bai, [0086]).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Menon et al. (US-20220386394-A1), Ranganath et al. (US-20240259879-A1), Sharma et al. (US-20240298252-A1), Ravindran et al. (US-20240111594-A1), Hamdan et al. (US-20250211291-A1), Samdanis et al. (WO-2024068018-A1) teach methods distributing services over peer to peer communication between communication devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANAA AL SAMAHI whose telephone number is (571)272-4171. The examiner can normally be reached M-F 8-5 EST.
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, Asad Nawaz can be reached at (571) 272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SANAA AL SAMAHI/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463