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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/19/2024 has been entered and considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-8, 16, and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 4, the claim recites “a plurality of the second communication circuitries,” which appears to recite multiple different “second communication circuitries” in addition to the previously recited “a second communication circuitry” in claim 1. However, it is unclear if such newly recited multiple different “second communication circuitries” are all intended to be required to have the same limitations as “a second communication circuitry” recited in claim 1. For instance, it is unclear if “a plurality of the second communication circuitries” also requires that each of such second communication circuitries be connected to the network by different second base stations (as claim 1 requires for “a second communication circuitry”). Claim 4 is thus indefinite. For the purpose of this examination, the Examiner will interpret “a plurality of the second communication circuitries” as not requiring that “a plurality of the second communication circuitries” each be connected to the network by different base stations. Regarding claims 5-8, 16, and 19-20, the claims are rejected because they depend from rejected claim 4.
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.
Claim(s) 1-6, 9-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akl et al. (US 2022/0369398, Akl hereinafter) in view of Shinohara et al. (US 2024/0305555, Shinohara hereinafter). Regarding claim 1, Akl teaches a communication system (As can be seen in at least Fig. 7, a communication system may be comprised of wireless nodes and base stations; Akl; Figs. 4-10; [0082]) comprising: a first communication circuitry (Wireless node (e.g., wireless node 708 in Fig. 7); Akl; Figs. 4-10; [0082]) connected to a network by a first communication path running via a first base station (As can be seen in at least Fig. 7, wireless node 708 may be connected to a network via at least a first communication path running via at least one base station (e.g. a path via second base station 704); Akl; Figs. 4-10; [0082]); a second communication circuitry (Wireless node (e.g., wireless node 706 in Fig. 7); Akl; Figs. 4-10; [0082]) connected to the network by a second communication path running via a second base station (As can be seen in at least Fig. 7, wireless node 706 may be connected to a network via at least a second communication path running via at least a second base station (e.g. a path via first base station 702 (DU)); Akl; Figs. 4-10; [0082]); and a server (Central unit (e.g., First base station 702 (CU) in Fig. 7); Akl; Figs. 4-10; [0082]) configured to be capable of communicating with each of the first communication circuitry and the second communication circuitry (As can be seen in at least Fig. 7, first base station 702 (CU) is capable of communicating with wireless nodes 708 and 706; Akl; Figs. 4-10; [0082]), wherein the first communication circuitry is configured to transmit to the server, attribute information indicating an attribute of the second communication path including the second base station (Wireless node 708 may report capability information regarding its capability to forward user plane traffic to the network. Such capability information may indicate that the wireless node is capable of forwarding user plane traffic on some frequencies and not capable of forwarding user plane traffic on other frequencies. At least such frequency information may be interpreted as attribute information indicating an attribute of the second communication path including the second base station; Akl; Figs. 4-10; [0084]-[0085]), the server is configured to generate path setting information for the first communication circuitry to set a communication path (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with at least wireless node 708. Such connection establishment may be interpreted as generating path setting information for the first communication circuitry (e.g., wireless node 708) to set a communication path; Akl; Figs. 4-10; [0083]-[0085], [0117], [0141]), on the basis of received attribute information (At least paragraph [0084] teaches that wireless node 708 may report capability information regarding its capability to forward user plane traffic to the network. Such capability information may indicate that the wireless node is capable of forwarding user plane traffic on some frequencies and not capable of forwarding user plane traffic on other frequencies. At least such frequency information may be interpreted as attribute information. Such connection establishment may be interpreted as generating path setting information on the basis of received attribute information; Akl; Figs. 4-10; [0084]-[0085]), and the first communication circuitry is configured to set a redundant communication path running via the second communication circuitry and the second base station (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. At least paragraph [0081] also describes such paths as enabling topological redundancy. Both of such paths may thus be interpreted as redundant paths that are established. As can be seen in Fig. 7, one of such F1-U paths runs via wireless node 706 and first base station 702 (i.e., via the second communication circuitry and the second base station); Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]), on the basis of the path setting information generated by the server (Base stations (e.g., First base station 702 (CU) in Fig. 7 interpreted as the claimed server) may establish the redundant F1-U connections, and thus a redundant communication path may be interpreted as being configured on the basis of path setting information generated by the server; Akl; Figs. 4-10; [0083]-[0084], [0117], [0141]). However, although Akl teaches that wireless nodes may perform transmit attribute information to the network as is discussed above (Wireless node 708 is described as transmitting capability information including frequency information to the network; Akl; Fig. 7; [0084]), Akl does not specifically disclose that the device interpreted as “the second communication circuitry” (i.e., wireless node 706) performs such transmission. Akl thus does not specifically disclose the attribute information is transmitted from the second communication circuitry. Shinohara teaches the attribute information is transmitted from the second communication circuitry (As can be seen in at least step S12 of Fig. 10, a wireless communication management apparatus may collect wireless environment information (i.e., attribute information) from each base station and terminal. As can be seen in at least Fig. 1, more than one terminal may exist and such terminals may be connected via different base stations. At least one of such terminals may thus be interpreted as the second communication circuitry. Attribute information may thus be interpreted as being transmitted from the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0110]-[0112]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 2, Akl and Shinohara teach the limitations of claim 1. Akl further teaches the path setting information includes identification information of the second base station (Information regarding the establishment of a connection via a second base station may be interpreted as including identification information of the second base station; Akl; Figs. 4-10; [0083]-[0085], [0117], [0141]), and the first communication circuitry is configured to set the redundant communication path on the basis of the identification information of the second base station included in the path setting information (The redundant communication path may be interpreted as being established on the basis of identification information of the second base station; Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). Regarding claim 3, Akl and Shinohara teach the limitations of claim 1. Akl further teaches the path setting information includes carrier information about a communication carrier operating the second base station (The F-1 U paths are described as potentially including different frequency bands. The path setting information may thus be interpreted as including carrier information about a communication carrier operating the second base station; Akl; Figs. 4-10; [0084]-[0085]), and the first communication circuitry is configured to set the redundant communication path on the basis of the carrier information included in the path setting information (The redundant communication paths may be interpreted as being established based on the frequency bands (i.e., carrier information) used by the path; Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). Regarding claim 4, Akl and Shinohara teach the limitations of claim 1. Akl further teaches the first communication circuitry is configured to set a plurality of the redundant communication paths on the basis of the path setting information generated by the server (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. At least paragraph [0081] also describes such paths as enabling topological redundancy. Both of such paths may thus be interpreted as redundant paths that are established (i.e., a plurality of the redundant paths). Wireless device 708 may thus be interpreted as setting a plurality of the redundant communication paths on the basis of the path setting information generated by the server; Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). Shinohara further teaches the server is configured to generate the path setting information on the basis of the attribute information received from each of a plurality of the second communication circuitries (As can be seen in at least step S12 of Fig. 10, a wireless communication management apparatus may collect wireless environment information (i.e., attribute information) from each base station and terminal. As can be seen in at least Fig. 1, more than one terminal may exist and such terminals may be connected via different base stations. As can be seen in at least Figs. 11-12, such information may be used to generate path setting information; Shinohara; Figs. 1 and 10-12; [0110]-[0112], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 5, Akl and Shinohara teach the limitations of claim 4. Akl further teaches the first communication circuitry is configured to generate priority information indicating a degree of priority of each of the plurality of redundant communication paths, on the basis of the path setting information and to set the plurality of redundant communication paths on the basis of the generated priority information (Devices (i.e., wireless node 708) are described as performing dynamic switching between the F1-U direct path and the F1-U alternative path to balance energy savings and load balancing criteria, which may be interpreted as comprising generating priority information indicating a degree of priority of each of the plurality of redundant communication paths, on the basis of the path setting information and to set the plurality of redundant communication paths on the basis of the generated priority information. Furthermore, traffic mapping of user plane traffic between the redundant communication paths is also described as potentially being configured, which may also be interpreted as generating priority information indicating a degree of priority of each of the plurality of redundant communication paths; Akl; Figs. 4-10; [0084]-[0089]). Regarding claim 6, Akl and Shinohara teach the limitations of claim 5. Akl further teaches the first communication circuitry is configured to determine the degree of priority of each of the plurality of redundant communication paths on the basis of at least one result of determination among a result of determination as to whether the first base station and the second base station are the same and a result of determination as to whether a first carrier operating the first base station and a second carrier operating the second base station are the same (Devices (i.e., wireless node 708) are described as performing dynamic switching between the F1-U direct path and the F1-U alternative path to balance energy savings and load balancing criteria, which may be interpreted as comprising generating priority information indicating a degree of priority of each of the plurality of redundant communication paths. The Examiner would like to note that the claims require the first base station and the second base station to be different. Wireless node 708 may be interpreted as determining that such base stations are different at least because it has different connection paths established with each base station via potentially different carriers operating at such base stations. Determination of path priority for purposes such as obtaining energy savings and load balancing may also be interpreted as being performed based on different carriers used by the base stations; Akl; Figs. 4-10; [0084]-[0089]). Regarding claim 9, Akl and Shinohara teach the limitations of claim 1. Akl further teaches the first communication circuitry is configured to, when setting the redundant communication path, set the second communication circuitry as a gateway (As can be seen in at least Fig. 7, one of the redundant communication paths from wireless node 708 runs directly to wireless node 706 (i.e., the second communication circuitry). Wireless node 706 may thus be interpreted as a gateway in such a situation. Wireless node 708 may thus be interpreted as setting the second communication circuitry as a gateway when setting the redundant communication path; Akl; Figs. 4-10; [0084]-[0085], [0088], [0091]-[0092]). Shinohara further teaches the server is configured to determine an address of the second communication circuitry (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., wireless communication management apparatus) may thus be interpreted as being configured to determine an address of the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0076], [0121]-[0122]); and set the address of the second communication circuitry as a gateway address (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., a terminal 300) may thus be interpreted as setting the address of at least an upstream device (e.g., a base station) as a gateway address when using such a device to access the network; Shinohara; Figs. 1 and 10-12; [0037], [0076], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 10, Akl teaches a server (Central unit (e.g., First base station 702 (CU) in Fig. 7); Akl; Figs. 4-10; [0082]) configured to be capable of communicating with each of a first communication circuitry (Wireless node (e.g., wireless node 708 in Fig. 7); Akl; Figs. 4-10; [0082]) connected to a network by a first communication path running via a first base station (As can be seen in at least Fig. 7, wireless node 708 may be connected to a network via at least a first communication path running via at least one base station (e.g. a path via second base station 704); Akl; Figs. 4-10; [0082]) and a second communication circuitry (Wireless node (e.g., wireless node 706 in Fig. 7); Akl; Figs. 4-10; [0082]) connected to the network by a second communication path running via a second base station (As can be seen in at least Fig. 7, wireless node 706 may be connected to a network via at least a second communication path running via at least one base station (e.g. a path via first base station (DU) 702); Akl; Figs. 4-10; [0082]), the server comprising: a receiving circuit (As can be seen in at least Fig. 2, devices may be comprised of circuitry that may be interpreted as a receiving circuit; Akl; Figs. 2 and 11-12; [0048], [0053]) configured to receive attribute information (Wireless node 708 may report capability information (i.e., attribute information) regarding its capability to forward user plane traffic to the network. The central unit (e.g., First base station 702 (CU) in Fig. 7) may thus be interpreted as receiving attribute information transmitted from the second communication circuitry; Akl; Figs. 4-10; [0084]-[0085]) and indicating an attribute of the second communication path including the second base station (Capability information may indicate that the wireless node is capable of forwarding user plane traffic on some frequencies and not capable of forwarding user plane traffic on other frequencies. At least such frequency information may be interpreted as attribute information indicating an attribute of the second communication path including the second base station; Akl; Figs. 4-10; [0084]-[0085]); a generation circuit (As can be seen in at least Fig. 2, devices may be comprised of circuitry that may be interpreted as a generation circuit; Akl; Figs. 2 and 11-12; [0048], [0053]) configured to generate path setting information for the first communication circuitry to set a communication path (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. Such connection establishment may be interpreted as generating path setting information for the first communication circuitry (e.g., wireless node 708) to set a communication path; Akl; Figs. 4-10; [0083]-[0085], [0117], [0141]), on the basis of the attribute information received by the receiving circuit (At least paragraph [0084] states that such connections may be based at least in part on the reported capability of wireless node 708. Such connection establishment may be interpreted as generating path setting information on the basis of the received attribute information; Akl; Figs. 4-10; [0083]-[0085], [0117], [0141]); and a transmitting circuit (As can be seen in at least Fig. 2, devices may be comprised of circuitry that may be interpreted as a transmitting circuit; Akl; Figs. 2 and 11-12; [0048], [0053]) configured to transmit the path setting information generated by the generation circuit to the first communication circuitry for the first communication circuitry to set a redundant communication path running via the second communication circuitry and the second base station (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless nodes. At least paragraph [0081] also describes such paths as enabling topological redundancy. Both of such paths may thus be interpreted as redundant paths that are established. Such connection establishment may be interpreted as comprising transmitting path setting information to the first communication circuitry (e.g., wireless node 708). As can be seen in Fig. 7, the F1-U alternative path runs via wireless node 706 and first base station 702 (i.e., via the second communication circuitry and the second base station); Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). However, although Akl teaches that wireless nodes may perform transmissions regarding communication paths to the network as is discussed above (Wireless node 708 is described as transmitting capability information including frequency information to the network; Akl; Fig. 7; [0084]), Akl does not specifically disclose that the device interpreted as “the second communication circuitry” (i.e., wireless node 706) performs such transmission. Akl thus does not specifically disclose the attribute information is transmitted from the second communication circuitry. Shinohara teaches the attribute information is transmitted from the second communication circuitry (As can be seen in at least step S12 of Fig. 10, a wireless communication management apparatus may collect wireless environment information (i.e., attribute information) from each base station and terminal. As can be seen in at least Fig. 1, more than one terminal may exist and such terminals may be connected via different base stations. At least one of such terminals may thus be interpreted as the second communication circuitry. Attribute information may thus be interpreted as being transmitted from the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0110]-[0112]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 11, Akl teaches a communication apparatus (Wireless node (e.g., wireless node 708 in Fig. 7); Akl; Figs. 4-10; [0082]) connected to a network by a first communication path running via a first base station (As can be seen in at least Fig. 7, wireless node 708 may be connected to a network via at least a first communication path running via at least one base station (e.g. a path via second base station 704); Akl; Figs. 4-10; [0082]), the communication apparatus comprising: a receiving circuit (As can be seen in at least Fig. 2, devices may be comprised of circuitry that may be interpreted as a receiving circuit; Akl; Figs. 2 and 11-12; [0049], [0052]) configured to receive from a server, path setting information (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. Such connection establishment may be interpreted as comprising receiving path setting information; Akl; Figs. 4-10; [0083]-[0085], [0117], [0141]) generated on the basis of attribute information that is transmitted (Wireless node 708 may report capability information regarding its capability to forward user plane traffic to the network. At least such capability information may be interpreted as attribute information, and such information may be used to establish the connections. Wireless node 708 may also be connected to the network via at least second base station 704 and may thus be interpreted as being connected to the network by a second communication path running via a second base station; Akl; Figs. 4-10; [0084]-[0085]) and that indicates an attribute of the second communication path including the second base station (The capability information may indicate that the wireless node is capable of forwarding user plane traffic on some frequencies and not capable of forwarding user plane traffic on other frequencies. At least such frequency information may be interpreted as attribute information indicating an attribute of the second communication path including the second base station; Akl; Figs. 4-10; [0084]-[0085]); and a path setting circuit (As can be seen in at least Fig. 2, devices may be comprised of circuitry that may be interpreted as a path setting circuit; Akl; Figs. 2 and 11-12; [0049], [0052]) configured to set a redundant communication path running via the other communication apparatus and the second base station (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. At least paragraph [0081] also describes such paths as enabling topological redundancy. Both of such paths may thus be interpreted as redundant paths that are established. As can be seen in Fig. 7, one of such F1-U paths runs via wireless node 706 and first base station 702 (i.e., via the other communication apparatus and the second base station); Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]), on the basis of the path setting information received by the receiving circuit (Base stations (e.g., First base station 702 (CU) in Fig. 7 interpreted as the claimed server) may establish the redundant F1-U connections, and thus a redundant communication path may be interpreted as being configured on the basis of path setting information generated by the server; Akl; Figs. 4-10; [0083]-[0084], [0117], [0141]). However, although Akl teaches that wireless nodes may perform transmissions regarding communication paths to the network as is discussed above (Wireless node 708 is described as transmitting capability information including frequency information to the network; Akl; Fig. 7; [0084]), Akl does not specifically disclose that the device interpreted as “the other communication apparatus” (i.e., wireless node 706) performs such transmission. Akl thus does not specifically disclose the attribute information is transmitted from another communication apparatus. Shinohara teaches the attribute information is transmitted from another communication apparatus (As can be seen in at least step S12 of Fig. 10, a wireless communication management apparatus may collect wireless environment information (i.e., attribute information) from each base station and terminal. As can be seen in at least Fig. 1, more than one terminal may exist and such terminals may be connected via different base stations. At least one of such terminals may thus be interpreted as another communication apparatus. Attribute information may thus be interpreted as being transmitted from another communication apparatus; Shinohara; Figs. 1 and 10-12; [0110]-[0112]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 12, Akl teaches a non-transitory processor-readable medium storing a computer program (A non-transitory computer-readable medium; Akl; Figs. 2 and 11-12; [0009], [0048], [0053]) for causing a computer to function as a server (Central unit (e.g., First base station 702 (CU) in Fig. 7); Akl; Figs. 4-10; [0082]) configured to be capable of communicating with each of a first communication circuitry (Wireless node (e.g., wireless node 708 in Fig. 7); Akl; Figs. 4-10; [0082]) connected to a network by a first communication path running via a first base station (As can be seen in at least Fig. 7, wireless node 708 may be connected to a network via at least a first communication path running via at least one base station (e.g. a path via second base station 704); Akl; Figs. 4-10; [0082]) and a second communication circuitry (Wireless node (e.g., wireless node 706 in Fig. 7); Akl; Figs. 4-10; [0082]) and a second communication circuitry connected to the network by a second communication path running via a second base station (As can be seen in at least Fig. 7, wireless node 706 may be connected to a network via at least a second communication path running via at least one base station (e.g. a path via first base station 702 (DU)); Akl; Figs. 4-10; [0082]), the computer program causing the computer to perform: receiving attribute information (Wireless node 708 may report capability information (i.e., attribute information) regarding its capability to forward user plane traffic to the network. The central unit (e.g., First base station 702 (CU) in Fig. 7) may thus be interpreted as receiving attribute information transmitted from the second communication circuitry; Akl; Figs. 4-10; [0084]-[0085]) indicating an attribute of the second communication path including the second base station (Capability information may indicate that the wireless node is capable of forwarding user plane traffic on some frequencies and not capable of forwarding user plane traffic on other frequencies. At least such frequency information may be interpreted as attribute information indicating an attribute of the second communication path including the second base station; Akl; Figs. 4-10; [0084]-[0085]); generating path setting information for the first communication circuitry to set a communication path (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. Such connection establishment may be interpreted as generating path setting information for the first communication circuitry (e.g., wireless node 708) to set a communication path; Akl; Figs. 4-10; [0083]-[0085], [0117], [0141]), on the basis of the received attribute information (At least paragraph [0084] states that such connections may be based at least in part on the reported capability of wireless node 708. Such connection establishment may be interpreted as generating path setting information on the basis of the received attribute information; Akl; Figs. 4-10; [0083]-[0085], [0117], [0141]); and transmitting the generated path setting information to the first communication circuitry for the first communication circuitry to set a redundant communication path running via the second communication circuitry and the second base station (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless nodes. At least paragraph [0081] also describes such paths as enabling topological redundancy. Both of such paths may thus be interpreted as redundant paths that are established. Such connection establishment may be interpreted as comprising transmitting path setting information to the first communication circuitry (e.g., wireless node 708). As can be seen in Fig. 7, the F1-U alternative path runs via wireless node 706 and first base station 702 (i.e., via the second communication circuitry and the second base station); Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). However, although Akl teaches that wireless nodes may perform transmissions regarding communication paths to the network as is discussed above (Wireless node 708 is described as transmitting capability information including frequency information to the network; Akl; Fig. 7; [0084]), Akl does not specifically disclose that the device interpreted as “the second communication circuitry” (i.e., wireless node 706) performs such transmission. Akl thus does not specifically disclose the attribute information is transmitted from the second communication circuitry. Shinohara teaches the attribute information is transmitted from the second communication circuitry (As can be seen in at least step S12 of Fig. 10, a wireless communication management apparatus may collect wireless environment information (i.e., attribute information) from each base station and terminal. As can be seen in at least Fig. 1, more than one terminal may exist and such terminals may be connected via different base stations. At least one of such terminals may thus be interpreted as the second communication circuitry. Attribute information may thus be interpreted as being transmitted from the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0110]-[0112]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 13, Akl and Shinohara teach the limitations of claim 2. Akl further teaches the path setting information includes carrier information about a communication carrier operating the second base station (Wireless node 708 may report capability information regarding its capability to forward user plane traffic to the network. Such capability information may indicate that the wireless node is capable of forwarding user plane traffic on some frequencies and not capable of forwarding user plane traffic on other frequencies. Because the wireless node may successfully perform communication with the second base station using such frequencies, such frequencies may be interpreted as including carrier information about a communication carrier operating the second base station; Akl; Figs. 4-10; [0084]-[0085]), and the first communication circuitry is configured to set the redundant communication path on the basis of the carrier information included in the path setting information (The redundant communication path may be established based on the capability information; Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). Regarding claim 14, Akl and Shinohara teach the limitations of claim 2. Akl further teaches the first communication circuitry is configured to set a plurality of the redundant communication paths on the basis of the path setting information generated by the server (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. At least paragraph [0081] also describes such paths as enabling topological redundancy. Both of such paths may thus be interpreted as redundant paths that are established (i.e., a plurality of the redundant paths). Wireless device 708 may thus be interpreted as setting a plurality of the redundant communication paths on the basis of the path setting information generated by the server; Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). Shinohara further teaches the server is configured to generate the path setting information on the basis of the attribute information received from each of a plurality of the second communication circuitries (As can be seen in at least step S12 of Fig. 10, a wireless communication management apparatus may collect wireless environment information (i.e., attribute information) from each base station and terminal. As can be seen in at least Fig. 1, more than one terminal may exist and such terminals may be connected via different base stations. As can be seen in at least Figs. 11-12, such information may be used to generate path setting information; Shinohara; Figs. 1 and 10-12; [0110]-[0112], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 15, Akl and Shinohara teach the limitations of claim 3. Akl further teaches the first communication circuitry is configured to set a plurality of the redundant communication paths on the basis of the path setting information generated by the server (As can be seen for instance in step 910 of Fig. 9 and in step 1010 of Fig. 10, base stations (e.g., First base station 702 (CU) in Fig. 7) may establish connections including an F1-U direct path and an F1-U alternative path with wireless node 708. At least paragraph [0081] also describes such paths as enabling topological redundancy. Both of such paths may thus be interpreted as redundant paths that are established (i.e., a plurality of the redundant paths). Wireless device 708 may thus be interpreted as setting a plurality of the redundant communication paths on the basis of the path setting information generated by the server; Akl; Figs. 4-10; [0081], [0083]-[0084], [0117], [0141]). Shinohara further teaches the server is configured to generate the path setting information on the basis of the attribute information received from each of a plurality of the second communication circuitries (As can be seen in at least step S12 of Fig. 10, a wireless communication management apparatus may collect wireless environment information (i.e., attribute information) from each base station and terminal. As can be seen in at least Fig. 1, more than one terminal may exist and such terminals may be connected via different base stations. As can be seen in at least Figs. 11-12, such information may be used to generate path setting information; Shinohara; Figs. 1 and 10-12; [0110]-[0112], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 17, Akl and Shinohara teach the limitations of claim 2. Akl further teaches the first communication circuitry is configured to, when setting the redundant communication path, set the second communication circuitry as a gateway (As can be seen in at least Fig. 7, one of the redundant communication paths from wireless node 708 runs directly to wireless node 706 (i.e., the second communication circuitry). Wireless node 706 may thus be interpreted as a gateway in such a situation. Wireless node 708 may thus be interpreted as setting the second communication circuitry as a gateway when setting the redundant communication path; Akl; Figs. 4-10; [0084]-[0085], [0088], [0091]-[0092]). Shinohara further teaches the server is configured to determine an address of the second communication circuitry (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., wireless communication management apparatus) may thus be interpreted as being configured to determine an address of the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0076], [0121]-[0122]); and set the address of the second communication circuitry as a gateway address (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., a terminal 300) may thus be interpreted as setting the address of at least an upstream device (e.g., a base station) as a gateway address when using such a device to access the network; Shinohara; Figs. 1 and 10-12; [0037], [0076], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 18, Akl and Shinohara teach the limitations of claim 3. Akl further teaches the first communication circuitry is configured to, when setting the redundant communication path, set the second communication circuitry as a gateway (As can be seen in at least Fig. 7, one of the redundant communication paths from wireless node 708 runs directly to wireless node 706 (i.e., the second communication circuitry). Wireless node 706 may thus be interpreted as a gateway in such a situation. Wireless node 708 may thus be interpreted as setting the second communication circuitry as a gateway when setting the redundant communication path; Akl; Figs. 4-10; [0084]-[0085], [0088], [0091]-[0092]). Shinohara further teaches the server is configured to determine an address of the second communication circuitry (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., wireless communication management apparatus) may thus be interpreted as being configured to determine an address of the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0076], [0121]-[0122]); and set the address of the second communication circuitry as a gateway address (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., a terminal 300) may thus be interpreted as setting the address of at least an upstream device (e.g., a base station) as a gateway address when using such a device to access the network; Shinohara; Figs. 1 and 10-12; [0037], [0076], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 19, Akl and Shinohara teach the limitations of claim 4. Akl further teaches the first communication circuitry is configured to, when setting the redundant communication path, set the second communication circuitry as a gateway (As can be seen in at least Fig. 7, one of the redundant communication paths from wireless node 708 runs directly to wireless node 706 (i.e., the second communication circuitry). Wireless node 706 may thus be interpreted as a gateway in such a situation. Wireless node 708 may thus be interpreted as setting the second communication circuitry as a gateway when setting the redundant communication path; Akl; Figs. 4-10; [0084]-[0085], [0088], [0091]-[0092]). Shinohara further teaches the server is configured to determine an address of the second communication circuitry (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., wireless communication management apparatus) may thus be interpreted as being configured to determine an address of the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0076], [0121]-[0122]); and set the address of the second communication circuitry as a gateway address (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., a terminal 300) may thus be interpreted as setting the address of at least an upstream device (e.g., a base station) as a gateway address when using such a device to access the network; Shinohara; Figs. 1 and 10-12; [0037], [0076], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]). Regarding claim 20, Akl and Shinohara teach the limitations of claim 5. Akl further teaches the first communication circuitry is configured to, when setting the redundant communication path, set the second communication circuitry as a gateway (As can be seen in at least Fig. 7, one of the redundant communication paths from wireless node 708 runs directly to wireless node 706 (i.e., the second communication circuitry). Wireless node 706 may thus be interpreted as a gateway in such a situation. Wireless node 708 may thus be interpreted as setting the second communication circuitry as a gateway when setting the redundant communication path; Akl; Figs. 4-10; [0084]-[0085], [0088], [0091]-[0092]). Shinohara further teaches the server is configured to determine an address of the second communication circuitry (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., wireless communication management apparatus) may thus be interpreted as being configured to determine an address of the second communication circuitry; Shinohara; Figs. 1 and 10-12; [0076], [0121]-[0122]); and set the address of the second communication circuitry as a gateway address (Internet Protocl (IP) addresses are described as being used to uniquely identify and communicate with devices including base stations and terminals (both of which may be interpreted as the second communication circuitry). The description of at least Fig. 11 also discusses setting connections using at least a connection destination ID. Devices (e.g., a terminal 300) may thus be interpreted as setting the address of at least an upstream device (e.g., a base station) as a gateway address when using such a device to access the network; Shinohara; Figs. 1 and 10-12; [0037], [0076], [0121]-[0122]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Shinohara regarding connection management with the teachings as in Akl regarding connection management. The motivation for doing so would have been to increase performance by using optimal path determination for communication (Shinohara; [0007]-[0010]).
Allowable Subject Matter
Claims 7-8 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The Examiner would like to note that such allowability is subject to change based on any changes in scope introduced on amendment to resolve the 35 U.S.C. 112(b) issues discussed above.
Conclusion
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/ERIC MYERS/Primary Examiner, Art Unit 2474