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 .
This Office Action is in response to communications received on 11/17/2023.
Claims 1-20 are pending and rejected.
Objection to Specification
The use of the term Wireless Fidelity (WIFI), 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 Objections
The use of the term WIFI, which is a trade name or a mark used in commerce, has been noted in claims 1, 5, 6, 12, 20. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 7, 10, 12, 13, 15, 18, 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Babbellapati et al (US 20230422085 A1) (hereinafter “Babbellapati”).
Regarding claim 1, Babbellapati discloses a method comprising: receiving, by a device, a data stream connection request via a WIFI connection or a wired connection (see para. [0007]-[0008] discloses method performed by access device (5G-CPE and access device can be used interchangeably [0029]), includes managing a BSS of a WLAN, receiving request from STA for a wireless communication network, include traffic flow between STA to a network slice of the wireless communication network; method may include communication network having QoS for the service);
establishing, by the device, a cellular wireless connection with a base station based on the data stream connection request (see Fig. 2, (212) para. [0029];[0067] discloses The 5G-CPE mar receive a request via a WLAN from STA to access a service of the 5G wireless communication. The 5G-CPE may enable a STA in the WLAN to utilize a particular service provided by the 5G communication system; 5G-CPE may communicate with a base station using wireless communication link 212);
determining, by the device, a cellular wireless Quality of Service (QoS) class or network slice assigned to the cellular wireless connection by a core network associated with the base station (see Fig. 4 (450,460,470-A) para. [0030]-[0031];[0070] discloses 5G-CPE may enable bridging STA in a WLAN to a service in the 5G wireless communication system. The 5G-CPE may connect can stablish a network slice for the service via 5G wireless communication system and determine the 5QI values associated to with the service; The 5G wireless communication system may define 5QI associated with a set of QoS parameters);
mapping, by the device, the cellular wireless QoS class or network slice to a priority class associated with the WIFI connection or the wired connection (see Fig. 4 (460), para. [0030]-[0031] discloses Map traffic between the 5G network slice and the WLAN connection and set WLAN to support the 5QI; 5G-CPE may enable to routing of traffic between STA in a WLAN to a service in the 5G wireless communication system. The 5G-CPE can establish a network slice for the service via the 5G wireless communication system and determine 5QI value associated with the service);
assigning, by the device, the priority class to a data stream associated with the data stream connection request (see Fig. 14 (information elements from CPE1470), para. [0028];[0075] discloses 5G-CPE may may manage scheduling in WLAN so the STA can achieve QoS in the WLAN that corresponds to QoS requirements of requested service in the 5G wireless communication system; Lan client may initiate an application session , 5G-CPE may check to verify that the WLAN connection can support the QoS needed associated with the request); and
processing, by the device, data units associated with the data stream based on the assigned priority class (see Fig. 14 (1400), para. [0171] discloses one or more message transmitted as PPDU and associated QoS parameter).
Regarding claim 2, Babbellapati discloses method wherein the device includes a Fixed Wireless Access (FWA) device (see Fig. 4 (1500, para. [0084] discloses in some implementations, the 5G-CPE (150) may be a fixed wireless access (FWA) device).
Regarding claim 4, Babbellapati discloses a method wherein processing the data units associated with the data stream based on the assigned priority class includes at least one of:
assigning a bandwidth to the data stream based on the assigned priority class (see para. [0036] discloses in the scheduled WLAN, the 5G-CPE may increase resources such as the bandwidth, allocated to the STA based on the 5QI of the service), or
assigning the data stream to a QoS buffer associated with the assigned priority class (This
part is optional).
Regarding claim 7, Babbellapati discloses a method further comprising:
detecting a trigger condition associated with the data stream (see para. [0076] discloses the 5G-CPE may implement machine learning (ML) algorithm to determine that a series of packets matches a traffic flow related to a service);
activating a hardware accelerator associated with the device, in response to detecting the trigger condition (see para. [0076] discloses 5G-CPE may observe packets directed to a particular network address associated with the service. The 5G-CPE may implement machine learning (ML) algorithm to determine that a series of packets matches a traffic flow related to a service (trigger to the hardware accelerator (machine learning))); and
using the hardware accelerator to process data units associated with the data stream (see para. [0076] discloses 5G-CPE may observe packets directed to a particular network address associated with the service. The 5G-CPE may implement machine learning (ML) algorithm to determine that a series of packets matches a traffic flow related to a service (trigger to the hardware accelerator (machine learning)). When 5G-CPE determines that the LAN client is sourcing or receiving traffic related to a service, 5G-CPE may stablish network slice).
Regarding claim 10, Babbellapati discloses a method wherein detecting the trigger condition associated with the data stream includes:
receiving a request for a service deployed on the hardware accelerator (see Fig. 7 (700, 710) Receive setup request from URLLC STA, para. [0076] discloses; see para. [0076] discloses 5G-CPE may observe packets directed to a particular network address associated with the service. The 5G-CPE may implement machine learning (ML) algorithm to determine that a series of packets matches a traffic flow related to a service (trigger to the hardware accelerator (machine learning)). When 5G-CPE determines that the LAN client is sourcing or receiving traffic related to a service, 5G-CPE may stablish network slice).
Regarding claim 12, Babbellapati discloses a device comprising:
a processor (see Fig. 5, Fig. 8, Fig. 9, para. [0009];[0093] –[0094] discloses device that includes at least one processor, processor performing function or operations of respective modules on Fig. 5) configured to:
receive a data stream connection request via a WIFI connection or a wired connection (see para. [0007]-[0008] discloses method performed by access device, includes managing a BSS of a WLAN, receiving request from STA for a wireless communication network, include traffic flow between STA to a network slice of the wireless communication network; method may include communication network having QoS for the service);
establish a cellular wireless connection with a base station based on the data stream
connection request (see Fig. 2, (212) para. [0067] discloses 5G-CPE may communicate with a base station using wireless communication link 212);
determine a cellular wireless Quality of Service (QoS) class or network slice assigned to
the cellular wireless connection by a core network associated with the base station (see Fig. 4 (450,460,470-A) para. [0030]-[0031];[0070] discloses 5G-CPE may enable bridging STA in a WLAN to a service in the 5G wireless communication system. The 5G-CPE may connect can stablish a network slice for the service via 5G wireless communication system and determine the 5QI values associated to with the service; The 5G wireless communication system may define 5QI associated with a set of QoS parameters);
map the cellular wireless QoS class or network slice to a priority class associated with the
WIFI connection or the wired connection see Fig. 4 (460), para. [0030]-[0031] discloses Map traffic between the 5G network slice and the WLAN connection and set WLAN to support the 5QI; 5G-CPE may enable to routing of traffic between STA in a WLAN to a service in the 5G wireless communication system. The 5G-CPE can establish a network slice for the service via the 5G wireless communication system and determine 5QI value associated with the service);
assign the priority class to a data stream associated with the data stream connection request (see Fig. 14 (information elements from CPE1470), para. [0028];[0075] discloses 5G-CPE may may manage scheduling in WLAN so the STA can achieve QoS in the WLAN that corresponds to QoS requirements of requested service in the 5G wireless communication system; Lan client may initiate an application session , 5G-CPE may check to verify that the WLAN connection can support the QoS needed associated with the request); and
process data units associated with the data stream based on the assigned priority class (see Fig. 14 (1400), para. [0171] discloses one or more message transmitted as PPDU and associated QoS parameter.
Regarding claim 13, Babbellapati discloses a device wherein the device includes a Fixed Wireless Access (FWA) device (see Fig. 4 (1500, para. [0084] discloses in some implementations, the 5G-CPE (150) may be a fixed wireless access (FWA) device).
Regarding claim 15, Babbellapati discloses a device wherein the processor is further configured to: detect a trigger condition associated with the data stream (see Fig. 7 (750) discloses detection of delay critical GBR).
activate a hardware accelerator associated with the device, in response to detecting the trigger condition (see para. [0076] discloses 5G-CPE may observe packets directed to a particular network address associated with the service. The 5G-CPE may implement machine learning (ML) algorithm to determine that a series of packets matches a traffic flow related to a service (trigger to the hardware accelerator (machine learning))); and
use the hardware accelerator to process data units associated with the data stream ((see para. [0076] discloses 5G-CPE may observe packets directed to a particular network address associated with the service. The 5G-CPE may implement machine learning (ML) algorithm to determine that a series of packets matches a traffic flow related to a service (trigger to the hardware accelerator (machine learning)). When 5G-CPE determines that the LAN client is sourcing or receiving traffic related to a service, 5G-CPE may stablish network slice).
Regarding claim 18, Babbellapati discloses a device wherein, when detecting the trigger condition associated with the data stream (see Fig. 5, Fig. 8, Fig. 9, para. [0009];[0093] –[0094] discloses device that includes at least one processor, processor performing function or operations of respective modules on Fig. 5), the processor is further configured to:
receive a request for a service deployed on the hardware accelerator (see Fig. 7 (700, 710) Receive setup request from URLLC STA, para. [0076] discloses; see para. [0076] discloses 5G-CPE may observe packets directed to a particular network address associated with the service. The 5G-CPE may implement machine learning (ML) algorithm to determine that a series of packets matches a traffic flow related to a service (trigger to the hardware accelerator (machine learning)). When 5G-CPE determines that the LAN client is sourcing or receiving traffic related to a service, 5G-CPE may stablish network slice).
Regarding claim 20, A non-transitory computer-readable memory device, storing instructions executable by a processor (see para. [0239] discloses functions of components, blocks, steps of a method, operation, process or algorithm can be implemented as one or more modules of one or more computer programs, that include non-transitory processor or computer-executable instructions encoded on one or more computer-readable storage media for execution (such as RAM, ROM, EEPROM, etc.), the non-transitory computer-readable memory device comprising:
one or more instructions to receive a data stream connection request via a WIFI connection or a wired connection (see para. [0007]-[0008] discloses method performed by access device, includes managing a BSS of a WLAN, receiving request from STA for a wireless communication network, include traffic flow between STA to a network slice of the wireless communication network; method may include communication network having QoS for the service);
one or more instructions to establish a cellular wireless connection with a base station based on the data stream connection request (see Fig. 2, (212) para. [0067] discloses 5G-CPE may communicate with a base station using wireless communication link 212);
one or more instructions to determine a cellular wireless Quality of Service (QoS) class or network slice assigned to the cellular wireless connection by a core network associated with the base station (see Fig. 4 (450,460,470-A) para. [0030]-[0031];[0070] discloses 5G-CPE may enable bridging STA in a WLAN to a service in the 5G wireless communication system. The 5G-CPE may connect can stablish a network slice for the service via 5G wireless communication system and determine the 5QI values associated to with the service; The 5G wireless communication system may define 5QI associated with a set of QoS parameters);
one or more instructions to map the cellular wireless QoS class or network slice to a priority class associated with the WIFI connection or the wired connection (see Fig. 4 (460), para. [0030]-[0031] discloses Map traffic between the 5G network slice and the WLAN connection and set WLAN to support the 5QI; 5G-CPE may enable to routing of traffic between STA in a WLAN to a service in the 5G wireless communication system. The 5G-CPE can establish a network slice for the service via the 5G wireless communication system and determine 5QI value associated with the service);
one or more instructions to assign the priority class to a data stream associated with the data stream connection request (see Fig. 14 (information elements from CPE1470), para. [0028];[0075] discloses 5G-CPE may may manage scheduling in WLAN so the STA can achieve QoS in the WLAN that corresponds to QoS requirements of requested service in the 5G wireless communication system; Lan client may initiate an application session , 5G-CPE may check to verify that the WLAN connection can support the QoS needed associated with the request); and
one or more instructions to process data units associated with the data stream based on the assigned priority class (see Fig. 14 (1400), para. [0171] discloses one or more message transmitted as PPDU and associated QoS parameter).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3, 14 is rejected under 35 U.S.C. 103 as being unpatentable over Babbellapati et al (US 20230422085 A1) (hereinafter “Babbellapati”) in view of Salkintzis et al (US 20220393972 A1) (hereinafter “Salkintzis”).
Regarding claim 3, Babbellapati discloses a method.
Babbellapati fails to disclose a method wherein processing the data units associated with the data stream based on the assigned priority class includes:
assigning the data stream to an Internet Protocol (IP) address associated with the assigned priority class.
However, Salkintzis discloses a method wherein processing the data units associated with the data stream based on the assigned priority class includes:
assigning the data stream to an Internet Protocol (IP) address associated with the assigned priority class (see para. [0064] discloses the TCLAS (traffic classification) element specifies traffic carried over TS (traffic stream), containing source and destination IP addresses, the traffic specification element specifies the QoS requirement for the TS).
Babbellapati and Salkintzis are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and data flow.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the IP address associated with the traffic as described by Salkintzis.
The motivation to combine both references would come from improving access to applications in the wireless communication system.
Regarding claim 14, Babbellapati discloses a device.
Babbellapati fails to disclose a device wherein, when processing the data units associated with the data stream based on the assigned priority class, the processor is further configured to:
assign the data stream to an Internet Protocol (IP) address associated with the assigned priority class.
However, Salkintzis discloses wherein, when processing the data units associated with the data stream based on the assigned priority class, the processor is further configured to:
assign the data stream to an Internet Protocol (IP) address associated with the assigned priority class (see para. [0064] discloses the TCLAS (traffic classification) element specifies traffic carried over TS (traffic stream), containing source and destination IP addresses, the traffic specification element specifies the QoS requirement for the TS).
Babbellapati and Salkintzis are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and data flow.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the IP address associated with the traffic as described by Salkintzis.
The motivation to combine both references would come from improving access to applications in the wireless communication system.
Claims 11, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Babbellapati et al (US 20230422085 A1) (hereinafter “Babbellapati”) in view of Kotecha et al (US 20220303822 A1) (hereinafter “Kotecha”).
Regarding claim 11, Babbellapati discloses a method.
Babbellapati fails to disclose a method wherein the service deployed on the hardware accelerator includes a Multi-Access Edge Computing (MEC) service associated with the base station.
However, Kotecha teaches a method wherein the service deployed on the hardware accelerator includes a Multi-Access Edge Computing (MEC) service associated with the base station (see Fig. 6A (640 RAN interface), para. [0084];[0087] discloses PGW or UPG may include MEC network interface; RAN interface may receive data packets from UE device via base station and may provide data packets to destined UE via base station).
Babbellapati and Kotecha are considered analogous to the claimed invention because both are in the field of wireless communication methods and access networks.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include MEC as described by Kotecha.
The motivation to combine both references would come from improving different types of service management.
Regarding claim 19, Babbellapati discloses a device.
Babbellapati fails to disclose a device wherein the service deployed on the hardware accelerator includes a Multi-Access Edge Computing (MEC) service associated with the base station.
However, Kotecha teaches a device wherein the service deployed on the hardware accelerator includes a Multi-Access Edge Computing (MEC) service associated with the base station (see Fig. 6A (640 RAN interface), para. [0084];[0087] discloses PGW or UPG may include MEC network interface; RAN interface may receive data packets from UE device via base station and may provide data packets to destined UE via base station).
Babbellapati and Kotecha are considered analogous to the claimed invention because both are in the field of wireless communication methods and access networks.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include MEC as described by Kotecha.
The motivation to combine both references would come from improving different types of service management.
Claims 5, 6 are rejected under 35 U.S.C. 103 as being unpatentable over Babbellapati et al (US 20230422085 A1) (hereinafter “Babbellapati”) in view Altman et al (US 20240323748 A1) (hereinafter “Altman”).
Regarding claim 5, Babbellapati discloses a method is assigned to the cellular wireless QoS class.
Babbellapati fails to disclose a method wherein the data stream is assigned to the cellular wireless QoS class, the method further comprising:
establishing a second cellular wireless connection with the base station for a second data stream associated with a second WIFI or wired connection, wherein the second cellular wireless connection is assigned to a second cellular wireless QoS class different from the cellular wireless QoS class; and
assigning the second data stream to a second priority class based on the second cellular wireless QoS class, wherein the second priority class is different from the priority.
However, Altman discloses a method further comprising:
establishing a second cellular wireless connection with the base station for a second data stream associated with a second WIFI or wired connection, wherein the second cellular wireless connection is assigned to a second cellular wireless QoS class different from the cellular wireless QoS class (see para. [0026] discloses same device using (A) a first slice which may be “standard quality” network cellular slice having “best effort” QoS and (B) a second different slice with “premium quality” slice that may available from the same cellular network or from different cellular network, guaranteed level QoS); and
assigning the second data stream to a second priority class based on the second cellular wireless QoS class, wherein the second priority class is different from the priority (see para. [0026] discloses same device using (A) a first slice which may be “standard quality” network cellular slice having “best effort” QoS and (B) a second different slice with “premium quality” slice that may available from the same cellular network or from different cellular network, guaranteed level QoS).
Babbellapati and Altman are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and data flow.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the network slices as described by Altman.
The motivation to combine both references would come from improving access to applications in the wireless communication system.
Regarding claim 6, Babbellapati discloses a method.
Babbellapati fails to disclose a method wherein the data stream is assigned to the network slice, the method further comprising:
establishing a second cellular wireless connection with the base station for a second data stream associated with a second WIFI or wired connection, wherein the second cellular wireless connection is assigned to a second network slice different from the network slice; and
assigning the second data stream to a second priority class based on the second network slice, wherein the second priority is different from the priority class.
However,, Altman discloses wherein the data stream is assigned to the network slice, the method further comprising:
establishing a second cellular wireless connection with the base station for a second data stream associated with a second WIFI or wired connection, wherein the second cellular wireless connection is assigned to a second network slice different from the network slice (see para. [0026] discloses same device using (A) a first slice which may be “standard quality” network cellular slice having “best effort” QoS and (B) a second different slice with “premium quality” slice that may available from the same cellular network or from different cellular network, guaranteed level QoS); and
assigning the second data stream to a second priority class based on the second network slice, wherein the second priority is different from the priority class (see para. [0026] discloses same device using (A) a first slice which may be “standard quality” network cellular slice having “best effort” QoS and (B) a second different slice with “premium quality” slice that may available from the same cellular network or from different cellular network, guaranteed level QoS).
Babbellapati and Altman are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and data flow.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the network slices as described by Altman.
The motivation to combine both references would come from improving access to applications in the wireless communication system.
Claims 8, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Babbellapati et al (US 20230422085 A1) (hereinafter “Babbellapati”) in view Qiao (US 20220248318 A1) (hereinafter “Qiao”).
Regarding claim 8, Babbellapati discloses a method wherein detecting the trigger condition associated with the data stream.
Babbellapati fails to disclose determining that the cellular wireless QoS class or network slice is associated with a latency requirement that is lower than a latency threshold.
However, Qiao discloses wherein detecting the trigger condition associated with the data stream includes:
determining that the cellular wireless QoS class or network slice is associated with a latency requirement that is lower than a latency threshold (see para. [0338], [0378] discloses Network Slice may be available to UEs via variety of RANs, UE potentially stablishing multiple PDU sessions. The network may guarantee/maintain certain level of QoS for users of network slice for UEs, guaranteeing that the UE connected to the network slice have a latency that is below a particular threshold).
Babbellapati and Qiaoare considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and network slice.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the latency threshold as described by Qiao.
The motivation to combine both references would come from maintaining QoS in the wireless communication system.
Regarding claim 16, Babbellapati discloses a device.
Babbellapati fails to disclose wherein, when detecting the trigger condition associated with the data stream, the processor is further configured to:
determine that the cellular wireless QoS class or network slice is associated with a latency requirement that is lower than a latency threshold.
However, Qiao discloses a processor further configured to detecting the trigger condition associated with the data stream (Fig. 5 (505):
determine that the cellular wireless QoS class or network slice is associated with a latency requirement that is lower than a latency threshold (see para. [0338], [0378] discloses Network Slice may be available to UEs via variety of RANs, UE potentially stablishing multiple PDU sessions. The network may guarantee/maintain certain level of QoS for users of network slice for UEs, guaranteeing that the UE connected to the network slice have a latency that is below a particular threshold).
Babbellapati and Qiao are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and network slice.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the latency threshold as described by Qiao.
The motivation to combine both references would come from maintaining QoS in the wireless communication system.
Claims 8, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Babbellapati et al (US 20230422085 A1) (hereinafter “Babbellapati”) in view Cakulev et al (US 20240040494 A1) (hereinafter “Cakulev”).
Regarding claim 9, Babbellapati discloses a method wherein detecting the trigger condition associated with the data stream.
Babbellapati fails to disclose a method wherein detecting the trigger condition associated with the data stream includes:
determining that the data stream has increased a load associated with the device above a load threshold.
However, Cakulev discloses detecting the trigger condition associated with the data stream includes:
determining that the data stream has increased a load associated with the device above a load threshold (see para. [0028] discloses a network slice for a PDU session, PCF receive indication that particular network slice is congested, from monitoring system that monitors one or more core network elements, to identify measure of load, congestion. Example of congestion monitoring system, identifying large amount of traffic being sent via network slice, where such amount exceeds one or more thresholds).
Babbellapati and Cakulev are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and network slice.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the load threshold as described by Cakulev.
The motivation to combine both references would come from operation of QoS in the wireless communication system.
Regarding claim 17, Babbellapati a discloses a device.
Babbellapati fails to disclose wherein, when detecting the trigger condition associated with the data stream, the processor is further configured to:
determine that the data stream has increased a load associated with the device above a load threshold.
However, Cakulev discloses wherein, when detecting the trigger condition associated with the data stream, the processor is further configured to:
determine that the data stream has increased a load associated with the device above a load threshold (see para. [0028] discloses a network slice for a PDU session, PCF receive indication that particular network slice is congested, from monitoring system that monitors one or more core network elements, to identify measure of load, congestion. Example of congestion monitoring system, identifying large amount of traffic being sent via network slice, where such amount exceeds one or more thresholds).
Babbellapati and Cakulev are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and network slice.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Babbellapati to include the load threshold as described by Cakulev.
The motivation to combine both references would come from operation of QoS in the wireless communication system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Huang et al (US 20220174533 A1) discloses “System and Methods for providing Edge-Based quality of Service Orchestration for Multi-Access Edge Computing (MEC) in a Network”.
Aksu et al (US 20220174533 A1) discloses “Systems and Methods for Network Slice Selection According to Application Specific Request”.
Babbellapati et al (US 11240855 B2) discloses “Local Area Client Participation in a Network Slice”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS GUILLERMO LEMA LEMOS whose telephone number is (571)-272-5710. 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, 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.
/LUIS GUILLERMO LEMA LEMOS/ Examiner, Art Unit 2419
/Nishant Divecha/ Supervisory Patent Examiner, Art Unit 2419