DETAILED ACTION
This office action is a response to the application 18/656,022 filed on May 6, 2025.
Claims 1-15 are pending.
Claims 1-8 are allowed.
Claims 9-15 are rejected.
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 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 9-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims recite “A network function configured to handle a set of paths between a baseband node and a radio unit in a mesh fronthaul network of a communications network, the network function being further configured to…”
Claims 9-15 do not appear to have any structure and are claiming method steps similar to independent claim 1 with no indication of any structure or how or what the network function is. Additionally the claim appears to potential combine elements from different statutory categories of invention (e.g., an apparatus and a method/process). Applicants specification Page 18-21 describe the “network function” but appears may be a software function component.
Applicant attempts to claim non-statutory subject matter (i.e. software computer program). Applicant fails to claim a proper apparatus or non-transitory tangible media and thus fails to fall within a statutory category and is thus, per se, considered software. Applicant is claiming a network function, which given the broadest reasonable interpretation and in light of the specification can be interpreted as software/software per se.
Allowable Subject Matter
Claims 1-8 are allowed.
The following is an examiner’s statement of reasons for allowance:
The present invention involves establishing a set of paths between ports in a port pair. A first node is instructed to perform a one-way delay measurement for the path associated with the individual path identifier (ID) for each path out of the set of path. The first node is represented by anyone out of a baseband node and a radio unit. Results of the one-way delay measurement performed for each path out of the set of paths are received from the first node. Determination is made to use each path out of the set of paths based on the received results of the one-way delay measurements. The method enables avoiding overprovisioning of the network and reducing the cost of infrastructure. The method enables measuring one-way delay of individual paths in a mesh fronthaul topology programmatically. The method enables using multi-antenna techniques to significantly increase the data rates and reliability of a wireless communication system.
A search has been performed and no prior art has been found that solely or in any reasonable combination reads on the claims as presented. The closest prior art found is as follows: Reddy et al. (US 2023/0059736), Machireddy et al. (US 2025/0007806), Liu et al. (US 2018/0062963) and Filsfils et al. (US 2020/0204469)
Prior art reference Reddy discloses a method involving determining multiple link delays. Multiple link delays are associated with multiple communication links communicatively coupling a first communication device and a second communication device. A communication link transmission priority of multiple communication links for transmission of multiple data packets is determined using determined multiple link delays. A listing of prioritized multiple communication links is generated. A communication link is selected in the prioritized multiple communication links for transmission of multiple data packets between the first communication device and the second communication device. Multiple data packets are transmitted between the first communication device and the second communication device using the selected the communication link. The method effectively selects the fronthaul links in the wireless communication system based on radio channel delay sensitive awareness and measured fronthal link delay in wireless communication systems such as fifth generation (5G) new radio (NR). (Reddy Abstract; Figure 8; Paragraph [0005, 0057-0058 and 0071-0091]).
Prior art reference Machireddy discloses a network which has an Open Radio Access Network Radio Unit (RU) and Open Radio Access Network Distributed Unit (DU) configured to communicate over a fronthaul network. The Open Radio Access Network-DU is configured to transmit a one-way delay measurement message to the Open Radio Access Network-RU on the fronthaul network. The Open Radio Access Network-RU is configured to transmit a response to the one-way delay measurement message to the Open Radio Access Network-DU, where the response includes a value that is based on a hardware time stamp generated when the Open Radio Access Network-RU received the one- way delay measurement message from the fronthaul network. (Machireddy Abstract; Figure 1-3; Paragraph [0026-0068])
Prior art reference Liu discloses a method involving defining a binary matrix providing a row corresponding to a non-zero path and a column corresponding to port, where element in the matrix is zero, if the non-zero path does not pass through port, and is one, if the non-zero path does pass through port. A vector is defined for the non-zero path in a network. Non-differentiated ports are combined to reduce the vector and the columns in the matrix. Difference function is solved by solving the vector. The delay times in the solved vector are reported to a network administrator of the network. The method enables improving performance of individual network ports in the network. The method enables facilitating data-driven estimation of network port delay to enable network operators to quickly and reliably determine individual network port delays, thus reducing or eliminating unnecessary ports providing excessively large delays (Liu Abstract; Figure 5; Paragraph [0069-0071])
Prior art reference Filsfils discloses a method involving identifying equal-cost multi-path (ECMP) sections comprises different ECMP paths in a network nodes. The sets of ECMP sections between the ingress node and the egress node in the network are determined (1104) in response to receiving a request to determine a delay measurement for end-to-end paths from an ingress node to an egress node through the network. Multiple paths through each of the one or more sets of ECMP sections are determined. The delay for each paths use probe packets is measured. The delay measurements for all end-to-end paths from the ingress node to the egress node is determined that include a first subset of delay measurements comprising the measured delays from the probe packets and a second subset of delay measurements calculated using different combinations of measured delays for the paths of multiple paths. The method determines path through the sets of ECMP sections where a number of multiple paths is less than a number of the end-to-end paths (Filsfils Abstract; Figure 11 and 12; Paragraph [0051-0071]).
The prior art fail to disclose alone or in any reasonable combination as required by the independent claims, “…establishing a set of paths between ports in a port pair, comprising a port in the baseband node and port in the radio unit, and which paths in the set of paths comprise different paths connected between the port in the baseband node and multiple endpoints associated with the port of the radio unit, where each path is associated with an individual path Identifier (ID), for each path out of the set of paths, instructing a first node to perform a one-way delay measurement for the path associated with the individual path ID, wherein the first node is represented by anyone out of: the baseband node and the radio unit, receiving, from the first node, results of the one-way delay measurement performed for each path out of the set of paths, and determining how to use each path out of the set of paths based on the received results of the one-way delay measurements.”
None of the references, taken alone or in any reasonable combination, teach the claims as presented and thus the claims are allowed over the prior art of record.
The Examiner notes the above limitation(s) are not taken alone but in view of the entirety of the claim language including any preceding claim limitations, any proceeding claim limitations, and any intervening claim limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IVAN O LATORRE whose telephone number is (571)272-6264. The examiner can normally be reached Monday-Friday 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hadi Armouche can be reached at (571) 270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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IVAN O. LATORRE
Primary Examiner
Art Unit 2409
/IVAN O LATORRE/Primary Examiner, Art Unit 2409
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