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 .
Priority
Applicant’s claim for the benefit of a prior-filed application, Provisional 63/462,367 filed 4-27-23, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Drawings
The drawings were received on 4-26-23. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention {e.g. “updating the supported radio device with a new transmit expiry time value” in each independent claim 1, 17 & 20} without {U.S. Patent Application Publication of this instant application, US 2024/0365433 A1: ¶0032 wherein “the standby CBRS domain proxy cluster instance 106 is triggered (e.g., designates itself) to become the new active domain proxy cluster instance”, and ¶0033 wherein “the CBRS domain proxy cluster instance 106 (now functioning as the new active domain proxy cluster instance) may subsequently request a new transmit expiry time value from the SAS 102 by sending a heartbeat request 304. In response to receiving the request 304, the SAS 102 generates and sends a heartbeat response 305 that is received by the new active domain proxy cluster instance (i.e., former standby domain proxy cluster instance 106). Notably, the heartbeat response 202 includes a new transmit expiry
time value corresponding to CBRS radio device 108. The new active domain proxy cluster instance then sends the new transmit expiry time value to radio device
108 for updating…”}, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
-Dependent claims 2-11 & 13-19 are also rejected in virtue of their dependencies on the independent claims 1 & 17, respectively.
Claim Rejections - 35 USC § 112(b)
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 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01.
The omitted steps are: Steps 303-306 in Fig.3 as underlined in ¶0032-¶0033 in order for “updating the supported radio device with a new transmit expiry time value” in each independent claim 1, 17 & 20 to happen {U.S. Patent Application Publication of this instant application, US 2024/0365433 A1: ¶0032 wherein “the standby CBRS domain proxy cluster instance 106 is triggered (e.g., designates itself) to become the new active domain proxy cluster instance”, and ¶0033 wherein “the CBRS domain proxy cluster instance 106 (now functioning as the new active domain proxy cluster instance) may subsequently request a new transmit expiry time value from the SAS 102 by sending a heartbeat request 304. In response to receiving the request 304, the SAS 102 generates and sends a heartbeat response 305 that is received by the new active domain proxy cluster instance (i.e., former standby domain proxy cluster instance 106). Notably, the heartbeat response 202 includes a new transmit expiry
time value corresponding to CBRS radio device 108. The new active domain proxy cluster instance then sends the new transmit expiry time value to radio device
108 for updating…”}.
-Dependent claims 2-11 & 13-19 are also rejected in virtue of their dependencies on the independent claims 1 & 17, respectively.
Allowable Subject Matter
Claims 1, 17 & 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a & b) or 35 U.S.C. 112 (pre-AIA ), 1st & 2nd paragraphs, set forth in this Office action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Raghothaman (US 20200305159 A1) discloses a Citizens Broadband Radio Service (CBRS) communication system. The CBRS communication system includes at least one baseband controller communicatively coupled to a spectrum access system (SAS) that allocates radio frequency (RF) channels in the CBRS communication system. The at least one baseband controller is communicatively coupled to at least one radio point (RP) using a switched ETHERNET network. Each of the at least one RP implements at least one Citizens Broadband Radio Service device (CBSD) that is communicatively coupled to the SAS and configured to provide wireless service to user equipment (UEs) using one or more of the RF channels allocated by the SAS {Figs.1-16}.
Sevindik (US 2023/0262715 A1) discloses systems, methods, and apparatus configured to implement citizens broadband radio service (CBRS) spectrum grant revocations by one or more Spectrum Access Systems (SASs) of some or all of spectrum already granted to the Citizens Broadband Radio Service Devices (CBSDs) in a controlled manner in accordance with one or more spectrum revocation curves (SRCs) determined by the SAS which define, for enabled CBSD, respective portions of granted spectrum to be revoked as a function of time wherein the shape of an SRC for a CBSD may selected based upon the type of CBSD traffic, the relative importance of that traffic with respect to that of other CBSDs, and other factors {Figs.1-3}.
Taneja (US 2021/0099886 A1) discloses systems, methods, and computer-readable media for improving resource management in Citizens Broadband Radio Service (CBRS) networks include a Spectrum Access System (SAS) in coordination with one or more CBRS devices (CBSDs) and a Digital Network Architecture center (DNA-C). Resource allocation decisions can be based on one or more policies such as a priority, a preemption capability index and/or a preemption vulnerability index associated with the CBSDs. Resource allocation can also be based on inter-access point (AP) coordination between two or more CBSDs and comparative performance indicators of the two or more CBSDs. Managing interference between two or more groups of CBSDs can be based on the inter-AP coordination and group identifiers associated with the two or more groups. Bandwidth allocation can be modified to the two or more CBSDs and seamless transition can be implemented using timers {Figs.1-22}.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONGCHAU BA NGUYEN whose telephone number is (571) 272-3148. The examiner can normally be reached Monday-Thursday 7:30 AM -5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RICKY NGO can be reached at 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONGCHAU BA NGUYEN/ Primary Examiner, Art Unit 2464
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