DETAILED ACTION
This Office action is in response to the original application filed on 02/21/2024. Claims 1-16 are pending.
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 .
Claim Objections
Claim 4 is objected to because of the following informalities:
Regarding claim 4, “sent to / received from” is recommended to be -- sent to or received from-- (line 3).
Appropriate correction is required.
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use 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 limitations are: an allocation unit, a reporting unit, a virtual switch unit, a corresponding information storage unit, a slice specifying unit, a site specifying unit, a container control unit, and a setting unit in claims 1, 14, and 16.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-16 are rejected under 35 U.S.C. 101 as being unpatentable subject matter.
Regarding claims 1-16, the claims are determined to be directed to software per se based upon consideration of all of the relevant factors with respect to the claim as a whole. Each claim as a whole appears to lack sufficient structure because the claimed units (i.e. an allocation unit, a reporting unit, a virtual switch unit, a corresponding information storage unit, a slice specifying unit, a site specifying unit, a container control unit, and a setting unit) are not associated with corresponding structure in the specification and therefore may be software. Software per se is not directed to one of the four statutory categories, i.e. non-statutory and not patentable, as established in Gottschalk v. Benson. Refer to MPEP 2106(I).
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 1-16 are rejected 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 claims 1-16, each claim as a whole appears to lack sufficient structure because the claimed units (i.e. an allocation unit, a reporting unit, a virtual switch unit, a corresponding information storage unit, a slice specifying unit, a site specifying unit, a container control unit, and a setting unit) are not associated with corresponding structure in the specification which renders the claim indefinite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Toy (US 2021/0306219 A1: Optimus Resource Allocation and Device Assignment in a MEC Cluster), Du et al. (US 2021/0084009 A1: Route Generation Method and Device), Young (US 2020/0351766 A1: Enabling Network-Slice Functions in Transport Domains), and Khasnabish et al. (US 2022/0103985 A1: Methods and System for Robust Service Architecture for Vehicle-to-Everything Communications).
In the case of amendments, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and support, for ascertaining the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIL H. LEE whose telephone number is 571-272-3408. The examiner can normally be reached on Mon-Fri: 9am-6pm 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, Brian J. Gillis can be reached on 571-272-7952. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GIL H. LEE/
Primary Patent Examiner, Art Unit 2446
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