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 .
1. Claims 1-5 are pending.
Information Disclosure Statement
2. The Information Disclosure Statements dated 11/09/2023 and 06/12/2025 are acknowledged by the Examiner.
Examiner’s Remark on Claims 1-3
3. This application includes one or more claim limitations that do not use the word “means,” which could be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, if the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a resource usage rate acquiring unit…”, “a total received data volume information acquiring unit…”, “a communication quality degradation degree calculating unit configured to calculate …”, “a control unit …” in claims 1-2.
Per MPEP 2181, a claim limitation will be presumed to invoke 35 U.S.C. 112, sixth paragraph, if it meets the following 3-prong analysis:
(A) the claim limitations must use the phrase “means for” or “step for;”
(B) the “means for” or “step for” must be modified by functional language; and
(C) the phrase “means for” or “step for” must not be modified by sufficient structure, material, or acts for achieving the specified function.
In this case, after applying 3-prong analysis set forth above, claims 1-2 fail the third prong of 3-prong analysis, which is “the phrase “means for” or “step for” must not be modified by sufficient structure, material, or acts for achieving the specified function”. As recited in the claims 1-2, “a resource usage rate acquiring unit…”, “a total received data volume information acquiring unit…”, “a communication quality degradation degree calculating unit configured to calculate …”, “a control unit …” which each recite “unit” which is sufficient structure for achieving the corresponding specified function. Referring to the specification “[0022] The constituents units of the control node 2 realize functions thereof by causing a central processing unit (CPU) to execute a computer program for realizing the functions of the constituent units.” Thus, claims 1-2 limitations which do not use the word “means,” are not being treated under 35 U.S.C. 112, sixth paragraph.
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.
4. Claim(s) 1 and 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aijaz, US 2017/0318468 hereafter Aijaz in view of Shimojou et al, US 2019/0116097 hereafter Shimojou.
As for claim 1, Aijaz discloses:
A control device ([0017], fig. 1, fig. 2a, fig, 2b, fig. 8, The slice controller) controlling allocation of resources in a radio access network to each of services accommodated in the radio access network, the control device comprising:
a resource usage rate acquiring unit (Aijaz, [0033], a computer program product comprising computer executable instructions that, when executed by one or more processors) configured to acquire a resource usage rate indicating a usage rate of the resources for each slice ([0074], Receive feedback indicating the current utilization of radio resources allocated to the mith slice at a base station. Obtain a total amount of radio resources required for one or more UEs using the corresponding slice in the predetermined period T, para. 66, so that a usage of resources over period T can be obtained);
a total received data volume information acquiring unit (Aijaz, [0033], a computer program product comprising computer executable instructions that, when executed by one or more processors) configured to acquire total received data volume information indicating a total received data volume for each service received by user equipment via an interface with a base station ([0022], [0074], Receive from the base station bandwidth demand of resources, i.e. a demand to transmit or receive a certain volume of data, for a given slice);
a communication quality degradation degree calculating unit (Aijaz, [0033], a computer program product comprising computer executable instructions that, when executed by one or more processors) configured to calculate a degree of degradation of communication quality indicating a degree of degradation of a throughput for each slice (Aijaz, [0061], [0067], [0072], the controller obtains the new state of each slice at a particular time step. In the bandwidth-based approach, resource allocation to each slice is defined in terms of aggregate throughput that will be obtained by the flows of that slice.); and
a control unit (Aijaz, [0033], a computer program product comprising computer executable instructions that, when executed by one or more processors) configured to control a margin for a necessary amount of resources on the basis of the resource usage rate and the degree of degradation of communication quality in the past for each slice (Aijaz, Fig. 4, [0053], [0072]-[0073], [0079], the controller determines that slice allocation needs to be changed, the slicing controller provides updated slice allocation by updating Q values, to the base stations for further use. The slice controller controls an amount/margin for the next resource allocation based on the feedback received from the base stations. With Q-learning, the slicing controller learns the optimal strategy iteratively. The state of each slice is observed at each time-step. The Examiner interprets the learning over the time-step to correspond to “in the past” for each slice. [0059] State: The state(s) of a slice is represented by three parameters: resource allocation, sum utility, and resource utilization.).
Aijaz discloses each slice. Aijaz does not explicitly disclose “…each service”.
However, Shimojou discloses “…each service” (Shimojou, Fig. 6, [0045], [0062], [0066], [0068], a service is allocated to a slice).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Aijaz with “…each service” as taught by Shimojou to provide more efficient resource management (Shimojou, [0004]).
As for claim 3, Aijaz discloses:
A resource allocation control method that is performed by a control device controlling allocation of resources in a radio access network to each of services accommodated in the radio access network, the resource allocation control method comprising:
a resource usage rate acquiring step of causing the control device to acquire a resource usage rate indicating a usage rate of the resources for each slice ([0074], Receive feedback indicating the current utilization of radio resources allocated to the mith slice at a base station. Obtain a total amount of radio resources required for one or more UEs using the corresponding slice in the predetermined period T, para. 66, so that a usage of resources over period T can be obtained);
a total received data volume information acquiring step of causing the control device to acquire total received data volume information indicating a total received data volume for each service received by user equipment via an interface with a base station ([0022], [0074], Receive from the base station bandwidth demand of resources, i.e. a demand to transmit or receive a certain volume of data, for a given slice);
a communication quality degradation degree calculating step of causing the control device to calculate a degree of degradation of communication quality indicating a degree of degradation of a throughput for each slice (Aijaz, [0061], [0067], [0072], the controller obtains the new state of each slice at a particular time step. [0004], Channel quality can increase, decrease or remain the same. In the bandwidth-based approach, resource allocation to each slice is defined in terms of aggregate throughput that will be obtained by the flows of that slice.); and
a control step of causing the control device to control a margin for a necessary amount of resources on the basis of the resource usage rate and the degree of degradation of communication quality in the past for each slice (Aijaz, Fig. 4, [0053], [0072]-[0073], [0079], the controller determines that slice allocation needs to be changed (degradation), the slicing controller provides updated slice allocation by updating Q values, to the base stations for further use. The slice controller controls an amount or margin for the next resource allocation based on the feedback received from the base stations. With Q-learning, the slicing controller learns the optimal strategy iteratively. The state of each slice is observed at each time-step. The Examiner interprets the learning over the time-step to correspond to “in the past” for each slice).
Aijaz discloses each slice. Aijaz does not explicitly disclose “…each service”.
However, Shimojou discloses “…each service” (Shimojou, Fig. 6, [0045], [0062], [0066], [0068], A service corresponds to a slice).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Aijaz with “…each service” as taught by Shimojou to provide more efficient resource management (Shimojou, [0004]).
As for claim 4, Aijaz discloses:
A non-transitory computer recording medium storing a computer program causing a computer of a control device controlling allocation of resources in a radio access network to each of services accommodated in the radio access network to perform:
a resource usage rate acquiring step of acquiring a resource usage rate indicating a usage rate of the resources for each slice ([0074], Receive feedback indicating the current utilization of radio resources allocated to the mith slice at a base station. Obtain a total amount of radio resources required for one or more UEs using the corresponding slice in the predetermined period T, para. 66, so that a usage of resources over period T can be obtained);
a total received data volume information acquiring step of acquiring total received data volume information indicating a total received data volume for each service received by user equipment via an interface with a base station ([0022], [0074], Receive from the base station bandwidth demand of resources, i.e. a demand to transmit or receive a certain volume of data, for a given slice);
a communication quality degradation degree calculating step of calculating a degree of degradation of communication quality indicating a degree of degradation of a throughput for slice (Aijaz, [0061], [0067], [0072], the controller obtains the new state of each slice at a particular time step. [0004], Channel quality can increase, decrease or remain the same. In the bandwidth-based approach, resource allocation to each slice is defined in terms of aggregate throughput that will be obtained by the flows of that slice.) and
a control step of controlling a margin for a necessary amount of resources on the basis of the resource usage rate and the degree of degradation of communication quality in the past for each service (Aijaz, Fig. 4, [0053], [0072]-[0073], [0079], the controller determines that slice allocation needs to be changed (degradation), the slicing controller provides updated slice allocation by updating Q values, to the base stations for further use. The slice controller controls an amount or margin for the next resource allocation based on the feedback received from the base stations. With Q-learning, the slicing controller learns the optimal strategy iteratively. The state of each slice is observed at each time-step. The Examiner interprets the learning over the time-step to correspond to “in the past” for each slice).
Aijaz discloses each slice. Aijaz does not explicitly disclose “…each service”.
However, Shimojou discloses “…each service” (Shimojou, Fig. 6, [0045], [0062], [0066], [0068], A service corresponds to a slice).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Aijaz with “…each service” as taught by Shimojou to provide more efficient resource management (Shimojou, [0004]).
5. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aijaz, US 2017/0318468 in view of Shimojou et al, US 2019/0116097, as applied to claim 1 above, and further in view of Watanabe et al, US 2020/0396646 hereafter Watanabe
As for claim 2, the combination of Aijaz and Shimojou does not explicitly disclose
wherein the control unit controls the margin for the necessary amount of resources for each service such that the margin for the service in which the resource usage rate in the past is low is decreased and the margin for the service in which the degree of degradation of communication quality in the past is high is increased.
However, Watanabe discloses wherein the control unit controls the margin for the necessary amount of resources for each service such that the margin for the service in which the resource usage rate in the past is low is decreased (Watanbe, [0087], Based on the number of unused resource blocks, determining to reduce the number of blocks used by a second service) and the margin for the service in which the degree of degradation of communication quality in the past is high is increased (Watanbe, [0086]-[0087], [0089]-[0090], Based on the change in quality determining the number of resource blocks necessary to be used for the first service is increased).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Aijaz and Shimojou with wherein the control unit controls the margin for the necessary amount of resources for each service such that the margin for the service in which the resource usage rate in the past is low is decreased and the margin for the service in which the degree of degradation of communication quality in the past is high is increased as taught by Watanabe to provide QoS control based on fairness and system efficiency (Watanbe, [0044]-[0047]).
Allowable Subject Matter
6. Claim 5 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
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shimojou et al, US 2021/0345283 discloses [0031] When the software is installed by the VNFM 50, the NFVO 40 performs mapping between a slice and a service in the table stored by the NFVO 40. Slices SL1 to SL3 are slices that are units for assigning services.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 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, IAN MOORE can be reached at (571)272-3085. 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.
JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469