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
2. Claims 1, 3, 10, 13., 16 and 17 are amended. Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments, filed on 6/3/2026 with respect to claims 1-20, have been considered but are moot in view of new grounds of rejection.
Claim Rejections - 35 USC § 103
4. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claims 2-3, 8, 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gemelli et al. (US. Pub. No. 2024/0089781 A1) in view of Walke et al. (US. Pub. No. 2012/0003924 A1).
Regarding claim 1, Gemelli discloses a method of balancing traffic in a telecommunications network (See Par. [63]-[64] of Gemelli for a reference to a load management system), the method comprising, in a cell site configured to provide network services in a plurality of layers (See Par. [69] of Gemelli for a reference to overlapping cells [Plurality of layers] from a single base station [Cell Site]), respective ones of the plurality of layers having different bandwidth (See Par. [69] of Gemelli for a reference to each cell 401-403 may operate using a different carrier frequency; F1, F2 and F3 [Bandwidth]):
receiving a traffic data for the cell site (See Par. [63]-[65] of Gemelli for a reference to DL data for the UEs is received by base station 122 from the core network 130);
determining a cell radius for respective ones of the plurality of layers (See Par. [0068]-[0072], [0123] of Gemelli for a reference to cell coverage of cells 401-403 is determined/considered); and
in response to the plurality of layers are coincident, distributing a plurality of users to the plurality of layers based on the traffic data (See Par. [63]-[65] of Gemelli for a reference to UE are redistributed among the cells in consideration of load distribution in cells 401-403 overlapping sectors) and a respective bandwidth of each layer of the plurality of layers (See Par. [69], [89], [151], [158]of Gemelli for a reference to UE are redistributed among the cells based on the maximum bandwidth of each frequency layer).
Gemelli does not explicitly disclose determining, using the cell radius for the respective ones of the plurality of layers, that the plurality of layers are coincident, wherein the plurality of layers are coincident when each layer of the plurality of layers shares a common coverage area.
However, Walke discloses determining, using the cell radius for the respective ones of the plurality of layers, that the plurality of layers are coincident, wherein the plurality of layers are coincident when each layer of the plurality of layers shares a common coverage area (See par. [53], [162] and Fig. 4 of Walke for a reference to N sets of transmission channels are assigned to said relay-enhanced cells so that relay-enhanced cells that use the same set of transmission channels are positioned across the coverage area of said cellular radio communications system in a substantially regular arrangement [The relay cells are coincident with respect to the coverage area of the BS])
Thus, 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 teachings of Walke to Gemelli. The motivation for combination would be to improve network’s performance, by improving the end-to-end throughput of the data transmissions when reducing the distance between the mobile stations and their associated base station or relay station. (Walke; Par. [26])
Regarding claim 10, Gemelli discloses a telecommunications network (See Gemelli; Fig. 1; Communication Network system 100) comprising: a wireless access point (See Fig. 1; Network element 132 that provide services for UEs) configured to provide network services in a plurality of layers (See Par. [69] of Gemelli for a reference to overlapping cells [Plurality of layers] from a single base station [Network Element 132]), respective ones of the plurality of layers having different bandwidth (See Par. [69] of Gemelli for a reference to each cell 401-403 may operate using a different carrier frequency; F1, F2 and F3); and a virtual radio access network (RAN) server operatively connected to the wireless access point (See Gemelli; Fig. 1; radio access network (RAN) 120), the virtual RAN server configured to: receive a traffic data for the wireless access point (See Par. [63]-[65] of Gemelli for a reference to DL data for the UEs is received by base station 122 from the core network 130),
determine a cell radius for respective ones of the plurality of layers (See Par. [0068]-[0072], [0123] of Gemelli for a reference to cell coverage of cells 401-403 is determined/considered), and
in response to the plurality of layers are coincident, distributing a plurality of users to the plurality of layers based on the traffic data (See Par. [63]-[65] of Gemelli for a reference to UE are redistributed among the cells in consideration of load distribution in cells 401-403 overlapping sectors) and a respective bandwidth of each layer of the plurality of layers (See Par. [69], [89], [151], [158]of Gemelli for a reference to UE are redistributed among the cells based on the maximum bandwidth of each frequency layer).
Gemelli does not explicitly disclose determining, using the cell radius for the respective ones of the plurality of layers, that the plurality of layers are coincident, wherein the plurality of layers are coincident when each layer of the plurality of layers shares a common coverage area.
However, Walke discloses determining, using the cell radius for the respective ones of the plurality of layers, that the plurality of layers are coincident, wherein the plurality of layers are coincident when each layer of the plurality of layers shares a common coverage area (See par. [53], [162] and Fig. 4 of Walke for a reference to N sets of transmission channels are assigned to said relay-enhanced cells so that relay-enhanced cells that use the same set of transmission channels are positioned across the coverage area of said cellular radio communications system in a substantially regular arrangement [The relay cells are coincident with respect to the coverage area of the BS])
Thus, 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 teachings of Walke to Gemelli. The motivation for combination would be to improve network’s performance, by improving the end-to-end throughput of the data transmissions when reducing the distance between the mobile stations and their associated base station or relay station. (Walke; Par. [26])
Regarding claim 13, the claim is interpreted and rejected for the same reason as set forth
in claim 1, including a non-transitory computer-readable medium storing instructions (See Par. [77] and Fig. 5 of Gemelli for a reference to memory 532 is a non-transitory computer readable storage medium for data, instructions 534, which is accessible by processor 530).
6. Claims 2-3, 8, 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gemelli et al. in view of Walke et al. and further in view of Salvador et al. (US. Pub. No. 2016/0192239 A1).
Regarding claim 2, the combination of Gemelli and Walke does not explicitly disclose wherein the traffic data includes a payload-per-user data.
However, Salvador discloses wherein the traffic data includes a payload-per-user data (See Par. [14]-[17] of Salvador for a reference to traffic data per user [payload/volume per user] is collected as part of a user traffic profile).
Thus, 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 teachings of Salvador to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by enhancing the performance of LTE network with heterogeneous services, decreasing call block probability of users with QoS requirements and increasing throughput. (Salvador; Par. [64])
Regarding claim 3, the combination of Gemelli and Walke does not explicitly disclose wherein the operation of distributing the plurality of users to the plurality of layers includes: establishing a plurality of categories based on payload traffic thresholds; wherein each category of the plurality of categories is associated with a respective payload traffic threshold; assigning the plurality of users to the plurality of categories based on a comparison of the traffic data to the payload traffic thresholds; and assigning subsets of the plurality of users in each of the plurality of categories to corresponding ones of the plurality of layers, wherein each layer of the plurality of layers is associated with a corresponding category of the plurality of categories.
However, Salvador discloses wherein the operation of distributing the plurality of users to the plurality of layers includes:
establishing a plurality of categories based on payload traffic thresholds; wherein each category of the plurality of categories is associated with a respective payload traffic threshold (See Par. [13], [41] of Salvador for a reference to user traffic profiles may be categorized into different groups based on predefined thresholds relating to traffic maximum limit [Threshold]); assigning the plurality of users to the plurality of categories based on a comparison of the traffic data to the payload traffic thresholds (See Par. [13] of Salvador for a reference to creating sets [categories] based on thresholds and assigning users to categories via comparison with the set threshold); and
assigning subsets of the plurality of users in each of the plurality of categories to corresponding ones of the plurality of layers (See Par. [11]-[12] of Salvador for a reference to assigning subsets of users/traffic from one carrier [layer] to another based on the categorized traffic profile), wherein each layer of the plurality of layers is associated with a corresponding category of the plurality of categories (See Par. [19], [35]-[36], [40] of Salvador for a reference to each carrier [layer] is categorized [Associated with] based on the traffic profile).
Thus, 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 teachings of Salvador to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by enhancing the performance of LTE network with heterogeneous services, decreasing call block probability of users with QoS requirements and increasing throughput. (Salvador; Par. [64])
Regarding claim 8, the combination of Gemelli and Walke does not explicitly disclose wherein the operation of distributing the plurality of users to the plurality of layers includes assigning a first user having a high payload to a first layer of the plurality of layers and assigning a second user having a low payload to a second layer of the plurality of layers, wherein the first layer has a wider bandwidth than the second layer.
However, Salvador discloses wherein the operation of distributing the plurality of users to the plurality of layers includes:
assigning a first user having a high payload to a first layer of the plurality of layers and assigning a second user having a low payload to a second layer of the plurality of layers (See Par. [31]-[36] of Salvador for a reference to identifying high-payload users and balancing them across carriers (layers) to improve QoS), wherein the first layer has a wider bandwidth than the second layer (See Par. [7], [11]-[12] of Salvador for a reference to moving high and low traffic users between carriers that can have different service/bandwidth characteristics).
Thus, 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 teachings of Salvador to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by enhancing the performance of LTE network with heterogeneous services, decreasing call block probability of users with QoS requirements and increasing throughput. (Salvador; Par. [64])
Regarding claim 11, the claim is interpreted and rejected for the same reason as set forth
in claim 2.
Regarding claim 19, the claim is interpreted and rejected for the same reason as set forth
in claim 8.
7. Claims 4, 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gemelli et al. in view of Walke et al. in view of Salvador et al. and further in view of Melodia et al. (US. Pub. No. 2022/0167236 A1).
Regarding claim 4, the combination of Gemelli, Walke and Salvador does not explicitly disclose wherein the operation of establishing the plurality of categories includes: generating at least one policy based on the traffic data; and setting the payload traffic thresholds based on the at least one policy.
However, Melodia discloses wherein the operation of establishing the plurality of categories includes: generating at least one policy based on the traffic data (See Par. [296] of Melodia for a reference to generating and deploying policies that can drive thresholds and control actions); and
setting the payload traffic thresholds based on the at least one policy (See Par. [299] of Melodia for a reference to using traffic data to define/control policies [basis for setting thresholds]).
Thus, 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 teachings of Melodia to the combination of Gemelli, Walke and Salvador. The motivation for combination would be to improve network’s performance, by allowing the RAN Intelligence Controller (RIC) to dynamically and automatically adapt the operations of 5G & 6G cellular network to the current network conditions and traffic environment. (Melodia; Par. [95])
Regarding claim 9, the combination of Gemelli and Walke does not explicitly disclose determining the cell radius, and distributing the plurality of users at a predetermined interval.
However, Salvador discloses determining the cell radius, and distributing the plurality of users at a predetermined interval (See Par. [14]-[17] of Salvador for a reference to traffic volume during a predefined preceding time period. Periodic/interval-based measurement windows for traffic data used in decisions).
Thus, 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 teachings of Salvador to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by enhancing the performance of LTE network with heterogeneous services, decreasing call block probability of users with QoS requirements and increasing throughput. (Salvador; Par. [64])
The combination of Gemelli, Walke and Salvador does not explicitly disclose repeating the operations of receiving the traffic data, at a predetermined interval.
However, Melodia discloses repeating the operations of receiving the traffic data, at a predetermined interval (See Par. [254] of Melodia for a reference to repeating control operations at a predetermined interval/time scale).
Thus, 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 teachings of Melodia to the combination of Gemelli, Walke and Salvador. The motivation for combination would be to improve network’s performance, by allowing the RAN Intelligence Controller (RIC) to dynamically and automatically adapt the operations of 5G & 6G cellular network to the current network conditions and traffic environment. (Melodia; Par. [95])
Regarding claim 20, the claim is interpreted and rejected for the same reason as set forth
in claim 9.
8. Claims 5-6, 12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Gemelli et al. in view of Walke et al. and further in view of Melodia et al..
Regarding claim 5, the combination of Gemelli and Walke does not explicitly disclose wherein at least one of the operation of receiving the traffic data, the operation of determining the cell radius, or the operation of distributing the plurality of users to the plurality of layers is performed by a Radio Access Network Intelligence Controller (RIC).
However, Melodia discloses wherein at least one of the operation of receiving the traffic data, the operation of determining the cell radius, or the operation of distributing the plurality of users to the plurality of layers is performed by a Radio Access Network Intelligence Controller (RIC) (See Par. [254]-[255], [295]-[296] of Melodia for a reference to RIC performing control procedures, including policy management and near-real-time control. RIC (near-real-time) performing load balancing decisions based on data/KPIs).
Thus, 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 teachings of Melodia to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by allowing the RAN Intelligence Controller (RIC) to dynamically and automatically adapt the operations of 5G & 6G cellular network to the current network conditions and traffic environment. (Melodia; Par. [95])
Regarding claim 6, the combination of Gemelli and Walke does not explicitly disclose wherein the RIC includes a Near Real-Time RIC and a Non-Real-Time RIC, and wherein the at least one of the operation of receiving the traffic data, the operation of determining the cell radius, or the operation of distributing the plurality of users to the plurality of layers is performed by the Near Real-Time RIC.
However, Melodia discloses wherein the RIC includes a Near Real-Time RIC and a Non-Real-Time RIC (See Par. [295] of Melodia for a reference to a RIC architecture with Near-RT RIC and Non-RT RIC), and wherein the at least one of the operation of receiving the traffic data, the operation of determining the cell radius, or the operation of distributing the plurality of users to the plurality of layers is performed by the Near Real-Time RIC (See Par. [251]-[254] of Melodia for a reference to non-real-time timescale of at least one second coordination between the non-real-time RIC and the near-real-time RIC. Division of functions across Near-RT and Non-RT control loops).
Thus, 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 teachings of Melodia to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by allowing the RAN Intelligence Controller (RIC) to dynamically and automatically adapt the operations of 5G & 6G cellular network to the current network conditions and traffic environment. (Melodia; Par. [95])
Regarding claim 12, the combination of Gemelli and Walke does not explicitly disclose wherein the virtual RAN server includes a RAN Intelligence Controller (RIC).
However, Melodia discloses wherein the virtual RAN server includes a RAN Intelligence Controller (RIC) (See Par. [254]-[255], [295]-[296] of Melodia for a reference to RIC performing control procedures, including policy management and near-real-time control. RIC (near-real-time) performing load balancing decisions based on data/KPIs).
Thus, 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 teachings of Melodia to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by allowing the RAN Intelligence Controller (RIC) to dynamically and automatically adapt the operations of 5G & 6G cellular network to the current network conditions and traffic environment. (Melodia; Par. [95])
Regarding claim 14, the claim is interpreted and rejected for the same reason as set forth
in claim 2.
Regarding claim 15, the claim is interpreted and rejected for the same reason as set forth
in claim 6.
9. Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gemelli et al. in view of Walke et al. and further in view of Burgess et al. (US. Pub. No. 2008/0227469 A1).
Regarding claim 7, the combination of Gemelli and Walke does not explicitly disclose wherein the operation of determining the cell radius includes performing a time advance measurement.
However, Burgess discloses wherein the operation of determining the cell radius includes performing a time advance measurement (See Par. [10]-[13] of Burgess for a reference to using timing advance measurement to determine distance/radius. Timing advance rough estimate of the distance Each TA defines a circle/radius).
Thus, 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 teachings of Burgess to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by improving the techniques of locating a mobile station through combining the TA distance estimates with other location information. (Burgess; Par. [21])
Regarding claim 18, the claim is interpreted and rejected for the same reason as set forth
in claim 7.
10. Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Gemelli et al. in view of Walke et al. in view of Melodia et al. and further in view of Salvador et al..
Regarding claim 16, the claim is interpreted and rejected for the same reason as set forth
in claim 3.
Regarding claim 17, the combination of Gemelli and Walke does not explicitly disclose wherein the RIC includes a Non-Real-Time RIC, wherein the instructions, when executed by the at least one processor, cause the Non-Real-Time RIC to the operation of establishing the plurality of categories, and wherein the operation of establishing the plurality of categories includes: generating at least one policy based on the traffic data; and setting the payload traffic thresholds based on the at least one policy.
However, Melodia discloses wherein the RIC includes a Non-Real-Time RIC (See Par. [295] of Melodia for a reference to a RIC architecture with Near-RT RIC and Non-RT RIC), wherein the instructions, when executed by the at least one processor, cause the Non-Real-Time RIC to perform the operation of establishing the plurality of categories (See Par. [251]-[254] of Melodia for a reference to non-real-time timescale of at least one second coordination between the non-real-time RIC and the near-real-time RIC. Division of functions across Near-RT and Non-RT control loops), and wherein the operation of establishing the plurality of categories includes: generating at least one policy based on the traffic data(See Par. [296] of Melodia for a reference to generating and deploying policies that can drive thresholds and control actions); and
setting the payload traffic thresholds based on the at least one policy (See Par. [299] of Melodia for a reference to using traffic data to define/control policies [basis for setting thresholds])
Thus, 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 teachings of Melodia to the combination of Gemelli and Walke. The motivation for combination would be to improve network’s performance, by allowing the RAN Intelligence Controller (RIC) to dynamically and automatically adapt the operations of 5G & 6G cellular network to the current network conditions and traffic environment. (Melodia; Par. [95])
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vivanco (US. Pub. No. 2023/0362829 A1) discloses controlling coverage range for serving cell equipment servicing aerial user equipment (aerial UE) or unmanned aerial vehicles (UAVs) over advanced networks.
Zhang et al. (US. Pub. No. 2022/0217787 A1) discloses a random access method and user equipment.
Allen et al. (US. Pub. No. 2020/0136924 A1) discloses a method for encrypting and verifying transmissions of user data.
12. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
13. Any inquiry concerning this communication from the examiner should be directed to RASHA FAYED whose telephone number is (571) 270-3804. The examiner can normally be reached on M-F 8:00AM-4:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the supervisory Examiner, Un Cho can be reached on (571)272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.K.F/Examiner, Art Unit 2413
/UN C CHO/Supervisory Patent Examiner, Art Unit 2413
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