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 .
Response to Amendment
Applicant’s submission filed on 05/26/2026 has been entered. Claims 1-20 are pending in the
application.
Allowable Subject Matter
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.
Response to Arguments
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive.
With regard to applicant’s following remarks on claim 1 (on pages 10-12), regarding “detecting available frequency channels” via TRPs/cells, applicant emphasizes that Chandrashekar’s TRPs are physical transmission points rather than frequency resources. However, as noted in Paragraph [0056], the disaggregated logic configuration controls transmission paths across “multiple beams of different cells.” In wireless communication network architectures, a “cell” structurally represents an independent carrier or frequency-domain allocation. Determining availability “based on signal conditions and load factors in the cell” inherently teaches evaluating the baseline metrics and detecting the availability of the localized frequency channels assigned to those network stations.
Regarding “Based on a stream of network packets” / User-Plane content, applicant asserts that Chandrashekar describes standard singling routine multi-TRP control paths rather than user packets. Chandrashekar covers data processing at the User-Plane (UP) layer. Paragraph [0078] notes that the implementation incorporates “bi/multicast of UP data (when enabled),” and Paragraph [0080] details the mechanism where the user-plane traffic (gNB-CU-UP 594) streams data through the distributed components to the device (UE 510). Thus, the controller’s orchestration is driven and conducted based on the stream of network packets dynamically processed for that terminal.
Regarding the capability-based execution, Chandrashekar structurally targets execution based on device thresholds. Paragraph [0005] and [0075] show that activating the packet multi-casting environment relies completely upon the stored UE capability bits (e.g., bits validating whether the specific user computing terminal supports Layer 2 or Layer 3 multi-casting streams).
Accordingly, Chandrashekar teaches claim 1 and the rejection is sustained. Same explanations apply to claims 9 and 17.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1, 9 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chandrashekar et al. (US 2024/0406806 A1), hereinafter “CHANDRASHEKAR”.
Regarding claim 1, CHANDRASHEKAR teaches, ‘A computer-implemented method, comprising:’ (Paragraph [0006], a method includes… Paragraph [0023], FIG. 1, Circuitry 140-1 and/or code 140-2 may provide L2 and/or L3 functionality, e.g. L2 and/or L3 control plane signal processing):
‘detecting, by a network controller, a stream of network packets for a computing device;’ (Paragraph [0056], CU provides an indication (e.g., via a flag) to the DU to bi/multi-cast control plane signaling over the serving cell TRPs and assisting cell TRPs. This feature can operate at two levels: (a) bi/multi-cast of the L3 RRC messages via multiple beams of different cells, and (b) bi/multi-cast of the
L2 MAC CE scheduling commands [Note: This describes a network controller (CU) identifying a stream of signaling (packets) intended for a UE]. Related Paragraph [0078], FIG. 5 also includes bi/multicast of UP data (when enabled). Related Paragraph [0080]: At 505-a, the gNB-CU-UP 594 transmits UP data (bi/multicast) to the serving gNB-DU 595-1, and the serving gNB-DU 595-1 transmits the UP data to the UE 510. At 505-b, the gNB-CU-UP 594 transmits UP data (bi/multicast) to the assisting gNB-DU 595-2 [Note: Chandrashekar encompasses the transmission of user-plane data to the mobile device (UE)]);
‘based on the stream of network packets, detecting available frequency channels of a plurality of network stations by the network controller;’ (Paragraph [0056], The CU provides an indication (e.g., via a flag) to the DU to bi/multi-cast control plane signaling over the serving cell TRPs and assisting cell TRPs. This feature can operate at two levels: (a) bi/multi-cast of the L3 RRC messages via multiple beams of different cells, and (b) bi/multi-cast of the L2 MAC CE scheduling commands. A possible structure for this indication over F1 would comprise of an IE which includes sub-elements or bits indicating whether L2 or L3 bi/multi-cast is to be carried out. In its simplest form (two TRPs ), L3 and L2 messages would be duplicated over the air interface and sent over an additional TRP (beam). However in case of mTRP with "N" (i.e. multiple) links, this functionality could incur further copies of the message via NxTRPs (multi-cast)… the number of assisting cells configured for a UE could be N where N is more than 1 [Note: This identifies the available radio links (channels) across multiple cells (stations)]).
‘selecting a plurality of available frequency channels of the plurality of network stations to transmit the stream of network packets by the network controller;’ (Paragraph [0056], The CU provides an indication (e.g., via a flag) to the DU to bi/multi-cast control plane signaling over the serving cell TRPs and assisting cell TRPs. This feature can operate at two levels: (a) bi/multi-cast of the L3 RRC messages via multiple beams of different cells, and (b) bi/multi-cast of the L2 MAC CE scheduling commands… Regarding the case of mTRP with "N" (i.e. multiple) links, the number of assisting cells
configured for a UE could be N where N is more than 1. Each assisting cell may transmit a copy of the message content transmitted on the serving cell… it is also possible that the DU autonomously determines over which and how many TRPs based on signal conditions and load factors in the cell under its control [Note: The selection of specific TRP links (frequency channels) for transmission, where the controller selects multiple paths/beams belonging to different cells (which operate on distinct frequency channels or component carriers) to dynamically forward duplicated data across a plurality of network stations]);
‘and performing, by the network controller based on a network capability of the computing device,’ (Related Paragraph [0005], receive a control message from the first or third network node, wherein the control message includes an indication to the user equipment to activate the L2 and/or L3 multicast operation depending on its capability, and activate the L2 and/or L3 multicast operation based on the control message. Related Paragraph [0056], In its simplest form (two TRPs), L3 and L2 messages would be duplicated over the air interface and sent over an additional TRP (beam). Related Paragraph [0075], The following are possible embodiments of UE capability (i-iii): i) 2 new bits indicating support for L2 bi/multicast in UL or DL (i.e. 1 bit for UL, 1 for DL)-used at the DU; ii) 2 new bits indicating support for L3 bi/multicast in UL or DL (i.e. 1 bit for UL, 1 for DL [Note: Chandrashekar establishes that activating the packet duplication/multicast architecture is directly dependent upon specific user equipment capability configuration bits processed by the network]. Paragraph [0057], If the UE supports this feature capability, further described herein is a mechanism to configure at the UE the bi/multi-cast operation at L3, L2 or both [Note: The controller performs the action only if the computing device (UE) possesses the specific capability]),
‘one or more of: duplicating data of the stream of network packets over the plurality of available frequency channels,’ (Paragraph [0056], L3 and L2 messages would be duplicated over the air interface and sent over an additional TRP (beam) [Note: Duplicating network packet data over multiple selected channels]),
‘beam re-assignment over one or more network stations of the plurality of network stations and beam duplication over the plurality of network stations.’ (Paragraph [0056], bi/multi-cast of the L3 RRC messages via multiple beams of different cells… Each assisting cell may transmit a copy of the message
content transmitted on the serving cell [Note: This multi-TRP/multi-cell operation teaches beam duplication across multiple stations]).
Regarding claims 9 and 17, the claims include features identical to the subject matter mentioned in the rejection to claim 1. The claims are mere reformulation of claim 1 in order to define the corresponding system (¶[0013]) and non-transitory computer-readable medium (¶[0009]), and the rejection to claim 1 are applied hereto.
Claim Rejections - 35 USC § 103
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.
Claims 2-8, 10-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over CHANDRASHEKAR in view of Barabell et al. (US 2016/0037550 A1), hereinafter “BARABELL”.
Regarding claims 2, 10 and 18, CHANDRASHEKAR teaches, The computer-implemented method of claim 1, CHANDRASHEKAR further teaches, further comprising ‘selecting the plurality of available frequency channels’ (Paragraphs [0056], The CU provides an indication… to the DU to bi/multi-cast control plane signaling over the serving cell TRPs and assisting cell TRPs)
‘based on detecting interference affecting the available frequency channels’ (Paragraph [0056], the DU autonomously determines over which and how many TRPs based on signal conditions and load factors in the cell under its control)
CHANDRASHEKAR does not explicitly teach but BARABELL teaches, ‘and performing one or more of: frequency hopping over the plurality of available frequency channels’ (BARABELL – Paragraph [0044], load-balancing comprises setting periods and phases for transmissions from some mobile
devices so as not to overlap with transmissions of other mobile devices. Paragraph [0398], the
PUSCH PRBs… assigned to a UE are consecutive and can hop between slots 0 and 1 with a known gap between them)
‘and reassigning frequency among the plurality of available frequency channels,’ (BARABELL – Paragraph [0304], one or more RUs… are reassigned to different modems… semi-automatically, or automatically, to form new cells… Dynamic capacity reallocation is implemented over the Ethernet network),
‘wherein the interference corresponds to interruption in communicating the stream of network packets by one or more of jammers and other sources of interference.’ (BARABELL – Paragraph [0107], centralized coordination allows devices… located within the overlapping boundary region… to communicate without substantial inter-cell interference).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of BARABELL with CHANDRASHEKAR because both are in the same/similar field of endeavor. The advantage of incorporating the above limitation(s) of BARABELL into CHANDRASHEKAR is that BARABELL provides the airlink resource that may include a frequency band. The controller may be configured to estimate the signal strength experienced by a mobile device, and to represent the estimate numerically, with the estimate corresponding to transmission or reception needs of the mobile device for which the estimate was made. The controller may comprise a real-time scheduler or another type of scheduler configured to perform scheduling for the mobile device based on the estimate. (See paragraph [0005], BARABELL)
Regarding claims 3, 11 and 19, CHANDRASHEKAR and BARABELL teach, The computer-implemented method of claim 2, CHANDRASHEKAR does not explicitly teach but BARABELL teaches, further comprising: ‘determining frequency patterns and periodicity of data hopping’ (BARABELL – Paragraph [0044], load-balancing comprises setting periods and phases for transmissions from some mobile devices so as not to overlap with transmissions of other mobile devices. Paragraph [0235], CSI
period and offset are UE-specific parameters that are typically assigned at the time of connection set-up)
‘based on the detected interference;’ (BARABELL – Paragraph [0031], estimating signal strength experienced by the mobile devices, with the signal strength being affected by interference experienced by the mobile devices… and identifying… two or more of the mobile devices that can be scheduled… on a same frequency)
‘and performing the frequency hopping over the plurality of available frequency channels’ (BARABELL – Paragraph [0398], the PUSCH PRBs (with DM-RS in the middle) assigned to a UE are consecutive and can hop between slots 0 and 1 with a known gap between them. Paragraph [0417], The CU can also send… indications of the channel type (e.g., PUSCH, PUCCH, SRS, PRACH, etc.) to the RUs… Paragraph [0236], …PUSCH frequency-hopping is used, there is a parameter (PUSCH Hopping
Offset) which will limit the number of RBs used for PUCCH)
‘based on the frequency patterns and the periodicity of the data hopping.’ (BARABELL – Paragraph [0045], The setting of periods and phases for uplink control channel transmissions of a mobile device may also be based on the one or more remote units that are processing… modified when a remote unit… changes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of BARABELL with CHANDRASHEKAR because both are in the same/similar field of endeavor. The advantage of incorporating the above limitation(s) of BARABELL into CHANDRASHEKAR is that BARABELL provides the airlink resource that may include a frequency band. The controller may be configured to estimate the signal strength experienced by a mobile device, and to represent the estimate numerically, with the estimate corresponding to transmission or reception needs of the mobile device for which the estimate was made. The controller may comprise a real-time scheduler or another type of scheduler configured to perform scheduling for the mobile device based on the estimate. (See paragraph [0005], BARABELL)
Regarding claims 4 and 12, CHANDRASHEKAR teaches, The computer-implemented method of claim 1, CHANDRASHEKAR further teaches, further comprising ‘duplicating data on one or more of multiple carriers’ (Paragraph [0049], PDCP duplication/multiplication for control-plane allows transmitting and receiving multiple copies of the RRC messages… each message instance is sent to the UE over a different carrier frequency)
‘of the plurality of available frequency channels of the plurality of network stations,’ (Paragraph [0056], The CU provides an indication (e.g., via a flag) to the DU to bi/multi-cast control plane signaling over the serving cell TRPs and assisting cell TRPs)
CHANDRASHEKAR does not explicitly teach but BARABELL teaches, ‘and resource blocks (RBs) of the plurality of network stations.’ (BARABELL –Paragraph [0321], with high-speed connectivity… CUs exchange information… to serve a single cell or multiple cells… Paragraph [0159], …the capacity of the cell can be increased by transmitting to multiple UEs on the same resource block. Paragraph [0255], in each TTI, the CU provides each RU with the list of RB's to receive from… only RUs in the pruning set
forward PUSCH data to the controller).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of BARABELL with CHANDRASHEKAR because both are in the same/similar field of endeavor. The advantage of incorporating the above limitation(s) of BARABELL into CHANDRASHEKAR is that BARABELL provides the airlink resource that may include a frequency band. The controller may be configured to estimate the signal strength experienced by a mobile device, and to represent the estimate numerically, with the estimate corresponding to transmission or reception needs of the mobile device for which the estimate was made. The controller may comprise a real-time scheduler or another type of scheduler configured to perform scheduling for the mobile device based on the estimate. (See paragraph [0005], BARABELL)
Regarding claims 13 and 20, CHANDRASHEKAR teaches, The computer-implemented method of claim 1, CHANDRASHEKAR further teaches, further comprising: ‘communicating the stream of network packets by the one or more network stations to the computing device’ (Paragraph [0056], In its simplest form (two TRPs ), L3 and L2 messages would be duplicated over the air interface and sent over an additional TRP (beam))
‘based on any of the one or more of the beam duplication’ (Paragraph [0056], The CU provides an indication (e.g., via a flag) to the DU to bi/multi-cast control plane signaling over the serving cell TRPs and assisting cell TRPs).
CHANDRASHEKAR does not explicitly teach but BARABELL teaches, ‘and beam re-assignment.’
(BARABELL –Paragraph [0304], one or more RUs at the site 600 are reassigned to different modems…
semi-automatically, or automatically, to form new cells… Dynamic capacity reallocation is implemented).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of BARABELL with CHANDRASHEKAR because both are in the same/similar field of endeavor. The advantage of incorporating the above limitation(s) of BARABELL into CHANDRASHEKAR is that BARABELL provides the airlink resource that may include a frequency band. The controller may be configured to estimate the signal strength experienced by a mobile device, and to represent the estimate numerically, with the estimate corresponding to transmission or reception needs of the mobile device for which the estimate was made. The controller may comprise a real-time scheduler or another type of scheduler configured to perform scheduling for the mobile device based on the estimate. (See paragraph [0005], BARABELL)
Regarding claims 6 and 14, CHANDRASHEKAR teaches, The computer-implemented method of claim 1, CHANDRASHEKAR further teaches, ‘…distributed unit (DU) of the network station…’ (Paragraph [0056], Although the CU could explicitly indicate the number of copies… it is also possible that the DU autonomously determines over which and how many TRPs based on signal conditions)…
CHANDRASHEKAR does not explicitly teach but BARABELL teaches, ‘wherein each of the data duplication, frequency hopping, and frequency re-assignment is performed in a centralized unit (CU) of the network station,’ (BARABELL –Paragraph [0310], Within each cell, some CU s are selected to perform common functions for all RUs… One selected CU is a Timing Master CU… Another selected CU is a System Information CU. This CU is responsible for generating the system information),
‘…and radio unit (RU) of a physical layer of the network station.’ (BARABELL –Paragraph [0097], In some implementations all Layer 1 functions are implemented in the RUs, and only the baseband functions of Layer 2 and above are implemented in the CUs, as shown in configuration (b) of FIG. 28. Paragraph [0418], Based on the knowledge of the PUSCH/PUCCH channel boundaries, the RUs determine for each OFDM symbol the average energy… The RUs then choose the step size Δk1 of the quantizer)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of BARABELL with CHANDRASHEKAR because both are in the same/similar field of endeavor. The advantage of incorporating the above limitation(s) of BARABELL into CHANDRASHEKAR is that BARABELL provides the airlink resource that may include a frequency band. The controller may be configured to estimate the signal strength experienced by a mobile device, and to represent the estimate numerically, with the estimate corresponding to transmission or reception needs of the mobile device for which the estimate was made. The controller may comprise a real-time scheduler or another type of scheduler configured to perform scheduling for the mobile device based on the estimate. (See paragraph [0005], BARABELL)
Regarding claims 7 and 15, CHANDRASHEKAR teaches, The computer-implemented method of claim 1, CHANDRASHEKAR further teaches, further comprising: ‘determining, by the network controller, whether the plurality of available frequency channels are not affected by an interference;’ (Paragraph [0056], it is also possible that the DU autonomously determines over which and how many TRPs based on signal conditions and load factors in the cell under its control);
‘selecting, by the computing device, network packets from different frequency channels based on determining that the plurality of available channels are not affected by the interference;’ (Paragraph [0057], further described herein is a mechanism to configure at the UE the bi/multi-cast operation at L3, L2 or both… the UE requires functionality to detect when multiple copies… are received over the air interface and discard the copies of already successfully received messages);
‘and receiving, by the computing device, the network packets from different frequency channels’ (Paragraph [0049], each message instance is sent to the UE over a different carrier frequency)
CHANDRASHEKAR does not explicitly teach but BARABELL teaches, ‘based on one or more of a highest signal to noise ratio (SNR) and a least error vector magnitude (EVM) of the network packets.’ (BARABELL –Paragraph [0128], The UE will measure the received power level for all advertised CSI-RS resources, select the strongest CSI-RS or the strongest few CSI-RS. Paragraph [0157], the CU chooses a MCS (Modulation and Coding Scheme) for each co-scheduled UE based on the CQI values… In such implementations, the HARQ (hybrid automatic repeat request) capability… can provide dynamic adaptability to reduce the effect caused by the mismatch).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of BARABELL with CHANDRASHEKAR because both are in the same/similar field of endeavor. The advantage of incorporating the above limitation(s) of BARABELL into CHANDRASHEKAR is that BARABELL provides the airlink resource that may include a frequency band. The controller may be configured to estimate the signal strength experienced by a mobile device, and to represent the estimate numerically, with the estimate corresponding to transmission or reception needs of the mobile device for which the estimate was made. The controller may comprise a real-time scheduler or another type of scheduler configured to perform scheduling for the mobile device based on the estimate. (See paragraph [0005], BARABELL)
Regarding claims 8 and 16, CHANDRASHEKAR and BARABELL teach, The computer-implemented method of claim 7, CHANDRASHEKAR further teaches, ‘…from the different frequency channels’ (Paragraph [0049], each message instance is sent to the UE over a different carrier frequency)
‘based on the network capability of the computing device.’ (Paragraph [0057], If the UE supports this feature capability, further described herein is a mechanism to configure at the UE the
bi/multi-cast operation at L3, L2 or both, as well as the data direction)
CHANDRASHEKAR does not explicitly teach but BARABELL teaches, further comprising: ‘combining the network packets’ (BARABELL –Paragraph [0136], In this situation, the uplink performance can be improved by performing diversity combining (e.g., Maximal Ratio Combining (MRC), Interference Rejection Combining (IRC) or Successive Interference Cancellation (SIC) in the
controller) across signals received by multiple RUs. Paragraph [0138], Alternatively, the RU s may fully, or partially, decode the signals… and send the decoded data and/or certain soft decision metrics
(e.g., quality metrics) to the CU, where the final combining can be performed)
‘in a frequency band…’ (BARABELL –Paragraph [0005], The airlink resource may include a frequency band. Paragraph [0114], carriers may belong to different frequency bands, and/or some frequency bands may be unlicensed, as in LTE-Unlicensed)…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of BARABELL with CHANDRASHEKAR because both are in the same/similar field of endeavor. The advantage of incorporating the above limitation(s) of BARABELL into CHANDRASHEKAR is that BARABELL provides the airlink resource that may include a frequency band. The controller may be configured to estimate the signal strength experienced by a mobile device, and to represent the estimate numerically, with the estimate corresponding to transmission or reception needs of the mobile device for which the estimate was made. The controller may comprise a real-time scheduler or another type of scheduler configured to perform scheduling for the mobile device based on the estimate. (See paragraph [0005], BARABELL)
Conclusion
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 HAESHIL J CHOI whose telephone number is (703)756-5409. The examiner can normally be reached Monday thru Friday ET.
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, Jae Y Lee can be reached on 571-270-3936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAESHIL JESSICA CHOI/Examiner, Art Unit 2479
/WEI ZHAO/Primary Examiner, Art Unit 2479
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