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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2,5,9,18 are rejected under 35 U.S.C. 103 as being unpatentable over Hinc et al. (US 20200037211; hereinafter “Hinc”) in view of Raghothaman et al. (US 20200305159; hereinafter “Raghothaman”).
Regarding claims 1, 9, Hinc discloses:
A communication system with uninterrupted service in citizens broadband radio service (CBRS) band, the communication system comprising:
a first base station in communication with at least one core network of a wireless communication service provider ([0036] Telecommunications networks, such as network 100 or a component thereof, may include a core network operated by one or more service providers (“carriers”), such as one or more cellular-telephony providers. The core network is connected via access networks to terminals.), the first base station in communication with a spectrum access system (SAS) that allocates communication channels in the CBRS band, the first base station using the CBRS band to communicate with user equipment (UE); ([0023] access nodes 110, 114 or entry nodes 108, 112 can communicate with a controller 122 to receive spectrum grants usable for communications with terminals 102. For example, entry node 108 (or node 116) can be or include a CBRS Service Device (CBSD) that makes use of CBRS spectrum. Controller 122 can be or include a Spectrum Access System (SAS), e.g., by FEDERATED WIRELESS or COMMSCOPE, that grants and revokes spectrum in a CBRS block to CBSDs)
…, the first base station providing a first service coverage area for the UE that establishes a communication link with the UE using a first CBRS band communication channel; ([0019] In some examples, terminal 102 can communicate, e.g., via a first access network 104 or a second access network 106. Terminal 102 may participate in a handover between first access network 104 and second access network 106, e.g., as a user moves in and out of coverage areas of individual access networks 104 or 106, or in response to revocation of a spectrum grant.)
and a channel moving function configured to redirect communications from the first CBRS band communication channel when a termination of grant to the first CBRS communication channel is issued by the SAS to a second communication channel serviced by a second base station that provides a second service coverage area for the UE through at least a second RP before the first CBRS communication channel is terminated, wherein the second communication channel is a non-CBRS band communication channel. ([0011] a first access network (e.g., LTE or 5G (e.g., New Radio, NR) in a CBRS band) can cause a terminal to move to a second, different access network (e.g., LTE or 5G in a licensed band) in response to dynamic revocation of a spectrum grant in the first access network; [0051] The revocation message 304 can indicate that the grant has terminated… In some examples, the revocation message 304 can include a CBRS discontinuation notice. [0027] Discontinuation notices can be received by the CBSD directly from a SAS, or via a proxy 124, e.g., a domain proxy.)
However, Hinc does not disclose:
the first base station including at least one radio point (RP) to transmit and receive wireless communication signals
Raghothaman discloses:
the first base station including at least one radio point (RP) to transmit and receive wireless communication signals ([0063] the C-RAN 300 may utilize a point-to-multipoint distributed base station architecture that employs at least one (and optionally multiple) baseband unit 304 and multiple radio points (RPs) 306A-N that serve at least one cell. The C-RAN 300 may also be referred to herein as a “C-RAN system,” and/or an “eNodeB” (or “eNodeB”) … Each RP 306 may include or be coupled to at least one (e.g., two) antennas via which downlink RF signals are radiated to UEs 110A-B and via which uplink RF signals transmitted by UEs 110 are received.)
It would be obvious to the person of ordinary skill in the art, before the effective filling
date of the claimed invention, to modify the teachings of Hinc with the teachings of Raghothaman, to include the first base station including at least one radio point (RP) to transmit and receive wireless communication signals. The motivation would have been to provide wireless service to user equipment (UEs) using one or more of the RF channels allocated by the SAS (Raghothaman ¶[0003])
Regarding claims 2, 18, Hinc does not disclose:
wherein the at least one first RP is one of a CBRS access point (AP), a 5G remote radio unit (RRU), a 4G remote radio head (RRH), a 5G distribute antenna unit (DAS) remote antenna unit (RAU), a 4G DAS RAU, and the at least one second RP is one of a CBRS AP, a 5G RRU, a 4G RRH, 5G DAS RAU, and a 4G DAS RAU.
However, Raghothaman discloses:
wherein the at least one first RP is one of a CBRS access point (AP), a 5G remote radio unit (RRU), a 4G remote radio head (RRH), a 5G distribute antenna unit (DAS) remote antenna unit (RAU), a 4G DAS RAU, ([0060] This is for the purpose of devices (CBSDs 108), which may take a variety of forms, e.g., remote radio heads (RRHs), distributed antenna system (DAS) antennas, C-RAN RPs, etc. Note that each RRH, each DAS antenna (or antenna group at one location), and each radio point (RP) may correspond to a single CBSD 108 from a CxM 104 point-of-view) and the at least one second RP is one of a CBRS AP, a 5G RRU, a 4G RRH, 5G DAS RAU, and a 4G DAS RAU. ([0060] This is for the purpose of devices (CBSDs 108), which may take a variety of forms, e.g., remote radio heads (RRHs), distributed antenna system (DAS) antennas, C-RAN RPs, etc. Note that each RRH, each DAS antenna (or antenna group at one location), and each radio point (RP) may correspond to a single CBSD 108 from a CxM 104 point-of-view)
It would be obvious to the person of ordinary skill in the art, before the effective filling
date of the claimed invention, to modify the teachings of Hinc with the teachings of Raghothaman, to include the first base station including at least one radio point (RP) to transmit and receive wireless communication signals. The motivation would have been to provide wireless service to user equipment (UEs) using one or more of the RF channels allocated by the SAS (Raghothaman ¶[0003])
Regarding claim 5, Hinc discloses:
wherein at least one of the first and second base stations are one of a 5G NR base station and a 4G LTE base station. ([0011] a first access network (e.g., LTE or 5G (e.g., New Radio, NR) in a CBRS band) can cause a terminal to move to a second, different access network (e.g., LTE or 5G in a licensed band) in response to dynamic revocation of a spectrum grant in the first access network)
Claims 6-8, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hinc et al. (US 20200037211; hereinafter “Hinc”) in view of Raghothaman et al. (US 20200305159; hereinafter “Raghothaman”) in view of Krishnaswamy et al. (US 20200245344; hereinafter “Krishnaswamy”).
Regarding claim 6, combination of Hinc and Raghothaman does not disclose:
wherein channel moving function is implemented by one of a central unit (CU), a distribute unit (DU), and a device management system (DMS).
Krishnaswamy discloses:
wherein channel moving function is implemented by one of a central unit (CU), a distribute unit (DU), and a device management system (DMS). ([0055] The architecture of a Next Generation NodeB (gNB) is partitioned into a 5G Central Unit (CU) 103, one or more 5G Distributed Unit (DU) 105A-B and one or more 5G Remote Units (RU) 106N-O.)
It would be obvious to the person of ordinary skill in the art, before the effective filling
date of the claimed invention, to modify the teachings of combination of Hinc and Raghothaman with the teachings of Krishnaswamy, to include channel moving function is implemented by one of a central unit (CU), a distribute unit (DU), and a device management system (DMS). The motivation would have been to provide wireless service to user equipment (UEs) using one or more of the RF channels allocated by the SAS (Raghothaman ¶[0003])
Regarding claim 7, combination of Hinc and Raghothaman does not disclose:
wherein at least one of the CU, DU and DMS are part of one of the first and second base stations.
Krishnaswamy discloses:
wherein at least one of the CU, DU and DMS are part of one of the first and second base stations. ([0055] The architecture of a Next Generation NodeB (gNB) is partitioned into a 5G Central Unit (CU) 103, one or more 5G Distributed Unit (DU) 105A-B and one or more 5G Remote Units (RU) 106N-O.)
It would be obvious to the person of ordinary skill in the art, before the effective filling
date of the claimed invention, to modify the teachings of combination of Hinc and Raghothaman with the teachings of Krishnaswamy, to include at least one of the CU, DU and DMS are part of one of the first and second base stations. The motivation would have been to determine, for each RP communicating with a UE, available channel resources in each of a plurality of subframes (Raghothaman ¶[0003])
Regarding claim 8,16, combination of Hinc and Raghothaman does not disclose:
wherein the UE is one of a plurality of UEs, the channel moving function further configured to redistribute a load of UEs across RPs of the first and second base stations
Krishnaswamy discloses:
wherein the UE is one of a plurality of UEs, the channel moving function further configured to redistribute a load of UEs across RPs of the first and second base stations. ([0113] if more and more DRX-disabled UEs 110 arrive at the RP 106, then additional overload protection methods may kick in, like using reduced inactivity-timers for the UEs 110, pro-active offloading/handing over of UEs 110 to nearby sector, PRACH-level back-off etc.)
It would be obvious to the person of ordinary skill in the art, before the effective filling
date of the claimed invention, to modify the teachings of combination of Hinc and Raghothaman with the teachings of Krishnaswamy, to include the UE is one of a plurality of UEs, the channel moving function further configured to redistribute a load of UEs across RPs of the first and second base stations. The motivation would have been to determine, for each RP communicating with a UE, available channel resources in each of a plurality of subframes (Raghothaman ¶[0003])
Claims 11,13, 17,20 are rejected under 35 U.S.C. 103 as being unpatentable over Hinc et al. (US 20200037211; hereinafter “Hinc”).
Regarding claims 11,17, Hinc discloses:
A method of operating a communication system using a citizens broadband radio service (CBRS) band, the method comprising:
using a CBRS band communication channel for communications with a first base station and user equipment (UE) through a CBRS access point of the first base station; ([0023] access nodes 110, 114 or entry nodes 108, 112 can communicate with a controller 122 to receive spectrum grants usable for communications with terminals 102. For example, entry node 108 (or node 116) can be or include a CBRS Service Device (CBSD) that makes use of CBRS spectrum. Controller 122 can be or include a Spectrum Access System (SAS), e.g., by FEDERATED WIRELESS or COMMSCOPE, that grants and revokes spectrum in a CBRS block to CBSDs)
and upon receiving a notice of termination of the CBRS band communication channel, switching communications from the CBRS band communication channel to a non-CBRS band communication channel provided by one of a second base station and a cell before the CBRS band communication channel is terminated, wherein the UE is within a service coverage area of the one of the second base station and the cell. ([0011] a first access network (e.g., LTE or 5G (e.g., New Radio, NR) in a CBRS band) can cause a terminal to move to a second, different access network (e.g., LTE or 5G in a licensed band) in response to dynamic revocation of a spectrum grant in the first access network; [0051] The revocation message 304 can indicate that the grant has terminated… In some examples, the revocation message 304 can include a CBRS discontinuation notice. [0027] Discontinuation notices can be received by the CBSD directly from a SAS, or via a proxy 124, e.g., a domain proxy.)
Regarding claim 13, Hinc discloses:
further comprising:
configuring the first base station to communicate through the second communication channel after the first CBRS band communication channel is terminated. ([0024] Spectrum users (e.g., small cells) deployed in the CBRS spectrum block must discontinue operation within 60 seconds of an instruction to do so (a “discontinuation notice”) from a SAS, e.g., controller 122. LTE terminals camped on CBRS bands (e.g., attached to access networks operating in CBRS bands) must hand over to other bands in order to avoid call drops.)
Regarding claim 20, Hinc discloses:
further comprising: implementing handover procedures communicated between the first base station and the one of the second base station and the cell in switching communications from the CBRS band communication channel to the non-CBRS band communication channel before the CBRS band communication channel is terminated. ([0011] a first access network (e.g., LTE or 5G (e.g., New Radio, NR) in a CBRS band) can cause a terminal to move to a second, different access network (e.g., LTE or 5G in a licensed band) in response to dynamic revocation of a spectrum grant in the first access network; [0051] The revocation message 304 can indicate that the grant has terminated… In some examples, the revocation message 304 can include a CBRS discontinuation notice. [0027] Discontinuation notices can be received by the CBSD directly from a SAS, or via a proxy 124, e.g., a domain proxy.)
Claims 14, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hinc et al. (US 20200037211; hereinafter “Hinc”) in view of Khalid et al. (US 20230269713; hereinafter “Khalid”).
Regarding claim 14,19, combination of Hinc and Raghothaman does not disclose:
switching communications back to a CBRS band communication channel once another CBRS band communication channel becomes available.
Khalid discloses:
switching communications back to a CBRS band communication channel once another CBRS band communication channel becomes available. ([0076] At step 250, in response to the NM or other PE entity determining that spectrum (e.g., CBRS or other unlicensed spectrum) may now be available again, a process of migrating UE back to the preferred network is invoked.)
It would be obvious to the person of ordinary skill in the art, before the effective filling
date of the claimed invention, to modify the teachings of Hinc with the teachings of Khalid, to include switching communications back to a CBRS band communication channel once another CBRS band communication channel becomes available. The motivation would have been to provide a mechanism by which UE are migrated back to the primary network as soon as shared spectrum becomes available. (Khalid ¶[0010])
Allowable Subject Matter
Claims 3,12 is 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.
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 NHU PHAM whose telephone number is (703)756-4511. The examiner can normally be reached Monday - Friday: 8:30 am - 5 pm.
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/NHU PHAM/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479
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