CTFR 18/556,102 CTFR 79873 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (US 2022/0030117 A1), hereinafter referred to as D1, in view of Sekar et al. (US 2021/0044989 A1), hereinafter referred to as D2 . Regarding claims 1, 9, 19, and 20, D1 discloses systems and methods to enable programmable xhaul transport, which comprises: determine a type of data to be transmitted to and received from a terminal device (Referring to Figures 1-6, switch controller (determination unit/acquisition unit), comprising switch manager 650 (control device), controls PDU session (type of data to be transmitted to and received from a terminal device, thereby determining “wireless data” for communication in a wireless system) with UE device. See paragraphs 0057-0060 and 0069-0079.); select for each of a plurality of devices, at least one process of a plurality of processes based on the determined type of the data, wherein the at least one process of the plurality of process is selected for execution of base-station functions by a respective device of the plurality of devices and configure each of the plurality of devise to execute, the selected at least one process, on the data (Referring to Figures 1-6, switch controller comprising CM orchestration system interface to the orchestration system 150. Orchestration system 150 creates, updates, and/or deletes a configuration associated with switch controller 410, such as define a set of switches 320, DUs 330 (plurality of devices), and/or CU-UPs 314 (plurality of devices) associated with switch controller 410, a set of slices or services associated with switch controller 410, and/or other types of configuration settings. See paragraphs 0069-0079. The CU, higher layers, and DU, layer 2 and/or layer 1, operating as a base station according to assigned layer functionality, respectively (at least one process of a plurality of processes based on the determined type of the data, interpreted as the receiving the wireless data thereby performing base stations operations according to the CU and DU split). See paragraphs 0020, 0050-0054 and 0059-0061. Switch controller comprising switch manager 620 which controls the interfaces with the CU-CP, CU-UP, and DU (each comprising processing selected on the basis of a PDU session according to the orchestration system 150) for the controlling of processes associated with each for the PDU session for transmission of the wireless data per the base station configuration. See paragraphs 0069-0069.) D1 does not disclose the plurality of processes is grouped based on a respective sub-layer of a plurality of sub-layers of a protocol stack of a base station. D2 teaches wireless communication network access using different functionality splits for different communication services, which comprises different functionality splits are used on the uplink and downlink for the same UE at the same time. Network controller 130 may select one functionality split for the uplink and another functionality split for the downlink based on the service request. For example, network controller 130 may select functionality split one for the uplink (the DU executes the PHY, MAC, RLC, and PDCP (sublayer of a plurality of sub-layers of a protocol stack of a base station, grouping) while the CU executes the RRC/SDAP (sublayer of a plurality of sub-layers of a protocol stack of a base station, grouping)) and select functionality split eight for the downlink (the DU executes the PHY while the CU executes the MAC, RLC, PDCP, and RRC/SDAP). Network controller 130 transfers a service response for UE 103 indicating the uplink/downlink functionality splits to CU circuitry 122, and CU circuitry 122 transfers the service response to DU circuitry 121. DU circuitry 121 processes the user communications with sets of the PHY, MAC, RLC, PDCP, and RRC/SDAP based on the uplink/downlink functionality splits indicated in the service response. CU circuitry 122 processes the user communications with sets of the PHY, MAC, RLC, PDCP, and RRC/SDAP based on the uplink/downlink functionality splits indicated in the service response. For clarity, the different uplink/downlink functionality splits for the same UE at the same time are referred to herein in the singular as a functionality split. See paragraphs 0024-0026. Regarding claim 20, network controller 130, acquiring from a device of a core network that processes user plane data which generates each of the control information and the data, comprises a Fifth Generation Core (5GC) Session Management Function (SMF), 5GC Access and Mobility Management Function (AMF), 5GC Policy Control Function (PCF), network application in circuitry 121-122, Software-Defined Network (SDN) controller, SDN application, Mobility Management Entity (MME), or some other control-plane network element. Network element 131 comprises a Fifth Generation Core (5GC) User Plane Function (UPF), SDN data machine, Serving Gateway (SGW), Packet Data Network Gateway (P-GW), or some other data-plane network element. In some examples, some of all of network controller 130 could be integrated within wireless access point 120. See paragraph 0021. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the intelligent CU and DU functionality splits of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve wireless access point flexibility, latency, and computing processing. Regarding claims 2, 13, and 14, D1 discloses a first process of the plurality of processes in a first device of the plurality of devices, wherein the first device operates as a CU; and a second process of the plurality of processes in a second device of the plurality of devices, wherein the second device operates as a DU (Referring to Figures 1-6, switch controller comprising CM orchestration system interface to the orchestration system 150. Orchestration system 150 creates, updates, and/or deletes a configuration associated with switch controller 410, such as define a set of switches 320, DUs 330, and/or CU-CP/UPs 312/314 associated with switch controller 410, a set of slices or services associated with switch controller 410, and/or other types of configuration settings. See paragraphs 0069-0079. The CU, higher layers, and DU, layer 2 and/or layer 1, operating as a base station according to assigned layer functionality, respectively. See paragraphs 0020, 0050-0054 and 0059-0061.) Regarding claims 3 and 15, the primary reference further teaches the circuitry is configured to set a third processing of the plurality of processes in the second device of the plurality of devices, and the second device operates as a RU (Referring to Figures 1-5, RU 340 may include an RF transceiver with one or more antenna arrays. The antenna array may include an array of controllable antenna elements configured to send and receive 5G NR wireless signals (and/or 4G LTE signals) via one or more antenna beams. See paragraphs 0053-0055. The switch controller controls, as configured by the orchestration system, the process for setting up a connection via an RU (second device). For example, UE device 110 may request a connection to UPF 230 and, in response, AMF 220 may instruct CU 310 to set up a PDU session between RU 340 and UPF 230. In response, CU-CP 312 may set up the PDU session. by instructing DU 330 to set up a PDU session between RU 340 and DU 330 and between DU 330 and CU-UP 314, and instruct CU-UP 314 to set up a PDU session between CU-UP 314 and UPF 230. See Figure 8 and paragraphs 0087-0089. Each DU control multiple RUs (interpreted as second device). See paragraphs 0014-0016.) Regarding claim 4, the primary reference further teaches the circuitry is further configured to set a third process of the plurality of processes in a third device of the plurality of devices, and the third device operates as a RU (Referring to Figures 1-5, RU 340 (third device) may include an RF transceiver with one or more antenna arrays. The antenna array may include an array of controllable antenna elements configured to send and receive 5G NR wireless signals (and/or 4G LTE signals) via one or more antenna beams. See paragraphs 0053-0055. The switch controller controls, as configured by the orchestration system, the process for setting up a connection via an RU. For example, UE device 110 may request a connection to UPF 230 and, in response, AMF 220 may instruct CU 310 to set up a PDU session between RU 340 and UPF 230. In response, CU-CP 312 may set up the PDU session. by instructing DU 330 to set up a PDU session between RU 340 and DU 330 and between DU 330 and CU-UP 314, and instruct CU-UP 314 to set up a PDU session between CU-UP 314 and UPF 230. See Figure 8 and paragraphs 0087-0089.) Regarding claim 5, the primary reference further teaches select, based on the determined type of the data, the first process among the plurality of processes, wherein the first device executes the selected first process; and select, based on the determined type of the data, the second process among the plurality of processes, wherein the second device of the plurality of devices executes the selected second process (Referring to Figures 1-6, switch controller comprising CM orchestration system interface to the orchestration system 150. Orchestration system 150 (processing selection unit) creates, updates, and/or deletes a configuration associated with switch controller 410, such as define a set of switches 320, DUs 330 (second device of two of more devices), and/or CU-CP/UPs 312/314 (first device of two or more devices) associated with switch controller 410, a set of slices or services associated with switch controller 410, and/or other types of configuration settings. See paragraphs 0069-0079. The CU, higher layers, and DU, layer 2 and/or layer 1, operating as a base station according to assigned layer functionality, respectively for a PDU session. See paragraphs 0020, 0050-0054 and 0059-0061.) Regarding claims 6, 11, 16, and 17, D1 does not disclose assign a plurality of pieces of first identification information to the plurality of processes, wherein a first piece of the plurality of pieces of the first identification information is associated with the first process, and a second piece of the plurality of pieces of the first identification information is associated with the second process; assign a plurality of pieces of second identification information to the plurality of devices, wherein a first piece of the plurality of pieces of the second identification information is associated with the first device, and a second piece of the plurality of pieces of the second identification information is associated with the second device, based on the determined type of the data, a first association in which the first piece of the second identification information is associated with the first piece of the first identification information; and set, based on the determined type of the data, a second association in which the second piece of the second identification information is associated with the second piece of the first identification information. D2 teaches wireless communication network access using different functionality splits for different communication services, which comprises different functionality splits are used on the uplink and downlink for the same UE at the same time. Network controller 130 may select one functionality split for the uplink and another functionality split for the downlink based on the service request. For example, network controller 130 may select functionality split one for the uplink (the DU (first piece of plurality of pieces of second identification information associated with the first device)) executes the PHY, MAC, RLC, and PDCP (first piece of the plurality of pieces of the first identification information is associated with the first process) while the CU (second piece of plurality of pieces of second identification information associated with the second device) executes the RRC/SDAP (second piece of the plurality of pieces of the first identification information is associated with the second process)) and select functionality split eight for the downlink (the DU executes the PHY while the CU executes the MAC, RLC, PDCP, and RRC/SDAP). Network controller 130 transfers a service response for UE 103 indicating the uplink/downlink functionality splits to CU circuitry 122, and CU circuitry 122 transfers the service response to DU (per claim 17, interpreted as third identification information that indicates permission updating configuration accordingly) circuitry 121. DU circuitry 121 processes the user communications with sets of the PHY, MAC, RLC, PDCP, and RRC/SDAP based on the uplink/downlink functionality splits indicated in the service response. CU circuitry 122 processes the user communications with sets of the PHY, MAC, RLC, PDCP, and RRC/SDAP based on the uplink/downlink functionality splits indicated in the service response. For clarity, the different uplink/downlink functionality splits for the same UE at the same time are referred to herein in the singular as a functionality split. See paragraphs 0024-0026. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the intelligent CU and DU functionality splits of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve wireless access point flexibility, latency, and computing processing. Regarding claims 7 and further regarding claim 20, D1 does not disclose wherein the circuitry is further configured to provide to a function of a core network that processes user plane data, each of the set first association and the set second association. D2 teaches wireless communication network access using different functionality splits for different communication services, which comprises different functionality splits are used on the uplink and downlink for the same UE at the same time. Network controller 130 may select one functionality split for the uplink and another functionality split for the downlink based on the service request. For example, network controller 130 may select functionality split one for the uplink (the DU (first piece of plurality of pieces of second identification information associated with the first device)) executes the PHY, MAC, RLC, and PDCP (first piece of the plurality of pieces of the first identification information is associated with the first process) while the CU (second piece of plurality of pieces of second identification information associated with the second device) executes the RRC/SDAP (second piece of the plurality of pieces of the first identification information is associated with the second process)) and select functionality split eight for the downlink (the DU executes the PHY while the CU executes the MAC, RLC, PDCP, and RRC/SDAP). Network controller 130 transfers a service response for UE 103 indicating the uplink/downlink functionality splits to CU circuitry 122, and CU circuitry 122 transfers the service response to DU circuitry 121. DU circuitry 121 processes the user communications with sets of the PHY, MAC, RLC, PDCP, and RRC/SDAP based on the uplink/downlink functionality splits indicated in the service response. CU circuitry 122 processes the user communications with sets of the PHY, MAC, RLC, PDCP, and RRC/SDAP based on the uplink/downlink functionality splits indicated in the service response. For clarity, the different uplink/downlink functionality splits for the same UE at the same time are referred to herein in the singular as a functionality split. See paragraphs 0024-0026. Network controller 130 comprises a Fifth Generation Core (5GC) Session Management Function (SMF), 5GC Access and Mobility Management Function (AMF), 5GC Policy Control Function (PCF), network application in circuitry 121-122, Software-Defined Network (SDN) controller, SDN application, Mobility Management Entity (MME), or some other control-plane network element. Network element 131 comprises a Fifth Generation Core (5GC) User Plane Function (UPF), SDN data machine, Serving Gateway (SGW), Packet Data Network Gateway (P-GW), or some other data- plane network element. In some examples, some of all of network controller 130 could be integrated within wireless access point 120. See paragraph 0021. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the intelligent CU and DU functionality splits of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve wireless access point flexibility, latency, and computing processing. Regarding claim 8, the primary reference further teaches a plurality of messages that notify the plurality of devices of a plurality of instructions; separate, form the first process of the plurality of processes, each of a third process of the plurality of process and a fourth process of the plurality of processes, wherein the third process is not associated with the determined type of the data, and the fourth process is associated with the determined type of the data; notify, based on a first message of the plurality of messages, the first device of a first instruction of the plurality of instructions, wherein the first device executes, based on the first instruction, the third process of the data; and notify based on a second message of the plurality of messages, the first device of a second instruction of the plurality of instructions, wherein the first device executes, based on the second instruction, the fourth process on the data (Referring to Figures 4-8, policy service 640 (notification unit) may expose a policy service to orchestration system 150 via orchestration system interface 610 and enable orchestration system 150 to specify policies (issues a message for notifying each device of the two or more devise instruction) switch controller 410 is to apply to data flows through switches 320, DU 330, and/or CU-UP 314. The policies may be stored in policy DB 625. See paragraphs 0069-0079. Orchestration system 150 may determine whether a particular network function in core network 130 is to be created, deleted, and/or modified; may manage the creation, deletion, and/or modification of network slices in core network 130. See paragraphs 0029-0031. SON policies (third processing which does not depend on type of the data) and KPI collection policies (fourth processing which depends on the determined type of the data). See paragraphs 0020-0022 and 0029-0031 Policy service 640 may expose a policy service to orchestration system 150 via orchestration system interface 610 and enable orchestration system 150 to specify policies switch controller 410 is to apply to data flows through switches 320, DU 330, and/or CU-UP 314. The policies may be stored in policy DB 625. See paragraphs 0069-0079.) Regarding claim 10, D1 discloses the control information includes a plurality of pieces of first identification information that is associated with the plurality of processes, and the circuitry is further configured to select, based on the plurality of pieces of the first identification information, the at least one process among the plurality of processes (Referring to Figures 1-6, orchestration system 150 (management unit) may include one or more computer devices, such as server devices, to orchestrate devices and policies in core network 130. For example, orchestration system 150 may determine whether a particular network function in core network 130 is to be created, deleted, and/or modified; may manage the creation, deletion, and/or modification of network slices in core network 130; may manage the creation, deletion, and/or modification of CoS policies, mobility management policies, security policies, KPI collection policies, Self-Optimizing Network (SON) policies, MEC policies, and/or other types of wireless communication network policies; and/or may perform other types of orchestration tasks in core network 130. Orchestration system 150 may send a set of policies to a switch controller in RAN 120 to implement the set of policies in the transport domain of RAN 120. See paragraphs 0029-0031 and 0058. CM provisioning service 650 may enable orchestration system 150 to create, update, and/or delete a configuration associated with switch controller 410, such as define a set of switches 320, DUs 330, and/or CU-UPs 314 associated with switch controller 410, a set of slices or services associated with switch controller 410, and/or other types of configuration settings (manages first identification information for identifying each of the plurality of kinds of processing necessary for operating as the base station and second identification information for identifying each of the two or more devices as the orchestration system controls the configuration of the DU and CU (second ID) per the services that assigned to each DU and CU (first ID). See paragraphs 0076-0080. Controller manager 620 (control information setting unit that sets) controls the CU and DU, thereby performing a first and second association for the assigned functions from the orchestration system for the CU, high layer processing, and DU, lower layer processing, for the associated PDU session. The CU-CP interface 655 may be configured to communicate with CU-CP 312 and may receive information relating to PDU sessions set up by CU-CP 312. CU-UP interface 660 may be configured to communicate with CU-UP 314 and may provide KPIs/metrics information relating to particular PDU sessions associated with CU-UP 314 to switch manager 620. DU interface 665, controlled by the switch manager 620, may be configured to communicate with DU 330 and may provide KPIs/metrics information relating to particular PDU sessions associated with DU 330 to switch manager 620. Switch interface 670 may be configured to communicate with switch 320. For example, switch interface 670 may use one or more Application Programming Interfaces (APIs) exposed by switch 320 to program switch 320 based on instructions generated by switch manager 620 and/or to collect KPIs/metrics relating to particular PDU sessions associated with switch 320 to switch manager 620. See paragraphs 0069-0079. Further regarding claim 11, the claim limitation “in a case” is interpreted as optional language as the claim limitation is not a positive recitation of an actual step but a consideration of some possible scenario.) Regarding claim 12, D1 discloses generate, based on the execution of the selected at least one process of the plurality of processes, second data, and the second data is associated with the first data (Referring to Figures 1-6, switch controller comprising CM orchestration system interface to the orchestration system 150. Orchestration system 150 creates, updates, and/or deletes a configuration associated with switch controller 410, such as define a set of switches 320, DUs 330, and/or CU-UPs 314 associated with switch controller 410, a set of slices or services associated with switch controller 410, and/or other types of configuration settings. See paragraphs 0069-0079. The CU, higher layers, and DU, layer 2 and/or layer 1, operating as a base station according to assigned layer functionality, respectively for the transmission of a PDU session (first and second data associated with the first data). See paragraphs 0020, 0050-0054 and 0059-0061.) Regarding claim 18, the primary reference further teaches acquire second information that is associated with a software, wherein the software executes the plurality of processes; acquire, based on the second information, the software from a specific base station; and implement the software (Referring to Figures 1-5, a switch controller may configure switch 320 (acquisition unit) to apply a particular set of policies to a PDU session whose PDUs are switched and/or routed by switch 320. For example, PDUs in a buffer of switch 320 may be assigned different priorities based on different network slices associated with the PDUs. In some implementations, switch 320 may be a white box switch. A “white box switch” may correspond to a standard or general switch with either open source software or software that is not obscured from a user of the switch. Thus, a white box switch may be used in a software defined networking (SDN) environment and may be fully programmable by a user (e.g., an administrator of RAN 120) or a device (e.g., a switch controller) (thereby, acquiring information necessary for acquiring software that executes the plurality of kinds of processing). See paragraphs 0051-0053. Orchestration system 150 (processing setting unit) may include one or more computer devices, such as server devices, to orchestrate devices and policies in core network 130. For example, orchestration system 150 may determine whether a particular network function in core network 130 is to be created, deleted, and/or modified; may manage the creation, deletion, and/or modification of network slices in core network 130; may manage the creation, deletion, and/or modification of CoS policies, mobility management policies, security policies, KPI collection policies, Self-Optimizing Network (SON) policies, MEC policies, and/or other types of wireless communication network policies; and/or may perform other types of orchestration tasks in core network 130. Orchestration system 150 may send a set of policies to a switch controller in RAN 120 to implement the set of policies in the transport domain of RAN 120. See paragraphs 0029-0031.) Response to Arguments Applicant’s arguments with respect to claim(s) 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 as the newly presented rejection in the light of the newly cited art teach the amended claim limitations. See rejection above for further explanation. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. (US 2020/0275348 A1) - The at least one message comprises one or more second configuration parameters associated with a second base station central unit. The base station distributed unit transmits the one or more first configuration parameters and the one or more second configuration parameters. 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 DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM 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, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/ Primary Examiner, Art Unit 2462 Application/Control Number: 18/556,102 Page 2 Art Unit: 2462 Application/Control Number: 18/556,102 Page 3 Art Unit: 2462 Application/Control Number: 18/556,102 Page 4 Art Unit: 2462 Application/Control Number: 18/556,102 Page 5 Art Unit: 2462 Application/Control Number: 18/556,102 Page 6 Art Unit: 2462 Application/Control Number: 18/556,102 Page 7 Art Unit: 2462 Application/Control Number: 18/556,102 Page 8 Art Unit: 2462 Application/Control Number: 18/556,102 Page 9 Art Unit: 2462 Application/Control Number: 18/556,102 Page 10 Art Unit: 2462 Application/Control Number: 18/556,102 Page 11 Art Unit: 2462 Application/Control Number: 18/556,102 Page 12 Art Unit: 2462 Application/Control Number: 18/556,102 Page 13 Art Unit: 2462 Application/Control Number: 18/556,102 Page 14 Art Unit: 2462 Application/Control Number: 18/556,102 Page 15 Art Unit: 2462
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