DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the 5g network" and later recites “a 5g network” which makes the claim vague and indefinite. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because of the new grounds of rejection.
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, 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.
Claim(s) 1, 3-6, 8-12, 14, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2025008854 A1 herein Bisht in view of US 20230353982 A1 herein Routt.
Claim 1, Bisht discloses A method, comprising:
accessing, by a computing device, event data from a data source, the event data corresponding to an event affecting a region covered by a 5G network comprising a plurality of network components (0019; Fig. 1b, computing device (SCP));
accessing, by the computing device, user data corresponding to a user equipment within the region covered by the 5G network (0070, user data, types of services being accessed);
generating, by the computing device and using a machine learning model, an expected network load, wherein the machine learning model uses at least one of the event data and the user data to generate the expected network load (0008, 0017, overload predictions using a trained model);
accessing, by a computing device, a dynamic threshold associated with the 5G network, the dynamic threshold comprising one or more limits associated with the plurality of network components (0024, load threshold value of the of network components);
determining, by the computing device, that the expected network load will cause the 5G network to exceed at least one limit of the one or more limits of the dynamic threshold (0073-0074, predict that current capacity will be over threshold; current load data exceeds load threshold) and
in response to determining that the expected network load will exceed the at least one limit of the one or more limits [sic:;] generating, by the computing device, a new network component in the 5G network based at least in part on the expected network load (0079-0080, new SCP proxy created and placed based on a prediction of current load status and predicted load threshold).
Bisht may not explicitly disclose event data of an event outside of the 5g network; generating a new could-implemented component.
Routt discloses event data of an event outside of the 5g network (0127, collection of data such as UE direction, volume, speed and other parameters such as road traffic flow, road traffic volume, congestion, and traffic accidents, etc.); generating a new could-implemented component (0170, network function cloud provides the virtual network elements (VNEs) to provide specific Network Function Virtualization (NFVs). In particular, the virtualized network function cloud 325 leverages cloud operations, applications, and architectures to support networking workloads.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bisht to include virtual network elements from a cloud as taught by Routt so as to use Artificial Intelligence (AI) driven “Big Data” analytics which can inform predictive/prescriptive, proactive optimization of public safety mobile networks and attendant location-based services resulting in improved situational awareness (0003).
Claim 3, Bisht discloses The method of claim 1, wherein the new network component is configured to add a minimum amount of a network capacity to the 5G network covering the region (0011-0012) such that the network capacity meets or exceeds the expected network load (intended result – the clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited, MPEP 2111.04).
Claim 4, Bisht discloses The method of claim 1, wherein the one or more limits are based at least in part on a data mix, the data mix comprising variable amounts of a plurality of data types (0008, 0017 and 0070, various data types in determining load at SCPs/network nodes).
Claim 5, Bisht discloses The method of claim 1, wherein the user data comprises historical data usage information associated with the user equipment, the historical data usage information further comprising at least one of a voice data usage, an application data usage, a short-message service data usage, location information, and time information associated with the historical data information (0019-0021, 0070-0072, historical trends of overload conditions, such as traffic volume and other metrics for each network component/node; 00104, peak traffic times).
Claim 6, Bisht discloses The method of claim 1, wherein the user data comprises at least one of an events database, a news source, an emergency communications network, and traffic data (0019-0021, 0070-0072, 00104).
Claim 8, Bisht discloses The method of claim 1 wherein the 5G network comprises a standalone 5G network (0004).
Claim 9, Bisht discloses The method of claim 1 wherein the dynamic threshold is generated at least in part by injecting synthetic data into a test 5G network (0071).
Claim 10, as analyzed with respect to the limitations as discussed in claim 1.
Claim 11, Bisht discloses The system of claim 10, wherein a network monitor collects data associated with a current state of the 5G network and/or one or more performance metrics of the 5G network (0017, current load).
Claim 12, as analyzed with respect to the limitations as discussed in claim 1.
Claim 14, as analyzed with respect to the limitations as discussed in claim 6.
Claim 16, as analyzed with respect to the limitations as discussed in claim 8.
Claim 17, as analyzed with respect to the limitations as discussed in claim 9.
Claim 18, as analyzed with respect to the limitations as discussed in claim 1.
Claim 20, as analyzed with respect to the limitations as discussed in claim 3.
Claim(s) 2, 7, 15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bisht in view of Routt in view of US 20240365171 A1 herein Jang.
Claim 2, Bisht discloses The method of claim 1. Bisht discloses dynamic thresholds (see claim 1). Bisht may not explicitly disclose, further comprising: determining, by the computing device, that a network load is below the at least one limit of the one or more limits of the dynamic threshold; and causing, by the computing device, the new network component to be removed from the 5G network.
Jang discloses determining, by the computing device, that a network load is below the at least one limit of the one or more limits of the dynamic threshold (0022, 0054, overutilization and underutilization load values, thus dynamic); and causing, by the computing device, the new network component to be removed from the 5G network (0022, deactivating (i.e. purging) distributed units based on low demand (underutilization); 0056, deactivating units when the load is below a certain percentage). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bisht to include determining underutilization due to low demand or load as taught by Jang so as to reduce overprovisioning and save/reduce the significant cost of underutilized distributed units (0005).
Claim 7, Bisht discloses The method of claim 1. Bisht may not explicitly disclose wherein the 5G network is implemented in a distributed cloud-based architecture.
Jang discloses wherein the 5G network is implemented in a distributed cloud-based architecture (0021). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bisht to include determining underutilization due to low demand or load as taught by Jang so as to reduce overprovisioning and save/reduce the significant cost of underutilized distributed units (0005).
Claim 15, as analyzed with respect to the limitations as discussed in claim 7.
Claim 19, as analyzed with respect to the limitations as discussed in claim 2.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bisht in view of Routt in view of US 20250053832 A1 herein Newsome.
Claim 13, Bisht discloses The system of claim 10. Bisht may not explicitly disclose wherein the machine learning model includes one or more of an artificial neural network, a Bayesian network, a ridge regression model, and a K- nearest neighbors model.
Newsome discloses wherein the machine learning model includes one or more of an artificial neural network, a Bayesian network, a ridge regression model, and a K- nearest neighbors model (0007, KNN). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bisht to include K-nearest neighbors as taught by Newsome so as to process bias from higher range variable, and processing of the prior data is still required (0007).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20240022986 A1 - Systems, methods and apparatus of machine-learning-predictive-analytics, the method performed by a predictive analytic control computer and including receiving from a second computer a training-profile data that describes one or more contributions of resources that are associated and identified with particular entities, receiving from a third computer a training-profile data that are associated and identified with the particular entities, that does not describe one or more contributions of resources the training-profile data, and that includes data that is that is received from additional computers that host websites and applications that focus on communication, community-based input, interaction, content-sharing and collaboration that describe a first set of features and representations of issues of interest of the particular entities, generating a machine-learning-predictive-analytic model by a machine learning-predictive-analytic trainer in reference to the training-profile data, generating predictions from the machine-learning-predictive-analytic model and from a second set of features and representations of issues of interest.
Conclusion
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 Mehmood B. Khan whose telephone number is (571)272-9277. The examiner can normally be reached M-F 9:30 am-6:30 pm.
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, Nishant Divecha can be reached at (571) 270-3125. 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.
/Mehmood B. Khan/ Primary Examiner, Art Unit 2419
Prosecution Insights