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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,047,786. Although the conflicting claims are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1-3, 6-7, 10-12, 15-16, and 18-19 are rejected under 35 U.S.C. 102(a)(1) $ 102(a)(2) as being anticipated by Shimizu (US 2018/0060105).
Regarding Claim 1, Shimizu teaches a cellular network radio unit ([0035], Fig. 1, As illustrated in FIG. 1, the management system includes an EMS client 10, an EMS server 20, a virtual machine control device 30, a first virtual machine host 40, a second virtual machine host 50, and base station hardware 70), comprising:
a first programmable processor that performs digital signal processing on cellular signals used for communication with user equipment (UE) of a cellular network ([0036-0038], first virtual machine host 40 and the second virtual machine host 50 provide a platform for virtualizing the base station, U-Plane base station virtual machines 51 and 52 are virtual machines on which a U-Plane portion is operated for realizing a base station function);
a second programmable processor that performs digital signal processing on cellular signals used for communication with UE of the cellular network ([0036-0038], first virtual machine host 40 and the second virtual machine host 50 provide a platform for virtualizing the base station, U-Plane base station virtual machines 51 and 52 are virtual machines on which a U-Plane portion is operated for realizing a base station function);
a management processor, that is in communication with the first programmable processor and the second programmable processor, configured to manage communication between a distributed unit (DU) of the cellular network, the first programmable processor, and the second programmable processor ([0052], update control unit 22 instructs the virtual machine control device 30, [0059-0060], virtual machine control device 30 manages and controls the first virtual machine host 40 and the second virtual machine host 50, and provides an API (Application Programming Interface) which enables the first virtual machine host 40 and the second virtual machine host 50 to be controlled, the virtual machine control device 30 includes a virtual machine control unit 31 and the virtual base station switching control unit 32),
wherein the management processor is configured to: determine a first processing load of the first programmable processor and a second processing load of the second programmable processor ([0085], the update control unit 22 instructs the virtual machine control unit 31 to acquire and send PM (Performance Management) data of the U-Plane base station virtual machine installed in the second virtual machine host 50. The update control unit 22 acquires the PM data from the virtual machine control unit 31);
determine a total processing load ([0051], the update control unit 22 acquires performance data of a plurality of the U-Plane base station virtual machines in the second virtual machine host 50 in which the U-Plane base station virtual machine 51 is installed. For example, the performance data of the U-Plane base station virtual machine includes a user data processing amount or the number of sessions. For example, the update control unit 22 selects the U-Plane base station virtual machine (for example, the U-Plane base station virtual machine 52) which is not the target of the software update and has the minimum load among a plurality of the U-Plane base station virtual machines as the switching destination on the basis of the performance data of the U-Plane base station virtual machine. The update control unit 22 informs the virtual machine control device 30 about the selection result indicating that the U-Plane base station virtual machine 52 is selected as the switching destination), including the first processing load and the second processing load, is below a predefined threshold processing load ([0083], when it is determined in step S5 whether or not the clone 42 can be activated, if the clone 42 cannot be activated because of a load status of the first virtual machine host 40 (NO in step S5), the update control unit 22 instructs the client control unit 21 of the EMS server 20 to output a warning message to the EMS client 10. The update control unit 22 is put on standby for a predetermined period of time (step S12)) such the second programmable processor can perform the total processing load with a sufficient additional capacity of available processing resources ([0086], update control unit 22 selects the U-Plane base station virtual machine that becomes the switching destination of the function unit of the U-Plane base station virtual machine 51 in the second virtual machine hosts 50 on the basis of the acquired PM data (step S22). As the U-Plane base station virtual machine that becomes the switching destination, for example, the U-Plane base station virtual machine that has the minimum load in the second virtual machine host is selected, except for the U-Plane base station virtual machine 51, on the basis of the PM data);
in response to determining the total processing load is below the predefined threshold processing load, cause cellular signals to be rerouted to the second programmable processor instead of the first programmable processor ([0093], virtual machine control unit 31 adjusts a scale of each U-Plane base station virtual machine in the second virtual machine host 50 (step S26). Specifically, the virtual machine control unit 31 scales down (reduces) the virtual hardware resource (a CPU, a memory, or the like) of the U-Plane base station virtual machine 51 to a value set in advance. Further, the virtual machine control unit 31 scales up (increases) the virtual hardware resource of the U-Plane base station virtual machine 52 that becomes the switching destination by an amount equal to a scaled-down amount. After the virtual machine control unit 31 scales up the virtual hardware resource, the virtual machine control unit 31 notifies the update control unit 22 of the completion of the scale up);
cause the first programmable processor to initiate an update process, wherein: while the first programmable processor is performing the update process, the first programmable processor does not process cellular signals ([0095], update control unit 22 acquires the upload program designated by the base station SW management unit 23 in step 51 and transmits the upload program to the U-Plane base station virtual machine 51. The update control unit 22 instructs the U-Plane base station virtual machine 51 to perform software update. The U-Plane base station virtual machine 51 performs the software update (in FIG. 2, described as “perform SW update”, SW is software) (step S28)); and
the second programmable processor processes the cellular signals rerouted to the second programmable processor instead of the first programmable processor ([0064], when the target of the software update is the U-Plane base station virtual machine, the virtual base station switching control unit 32 switches the C-Plane base station virtual machine 41, which realizes the base station function in conjunction with the U-Plane base station virtual machines 51 and 52, and the base station hardware 70 to the U-Plane base station virtual machine 52 that becomes the switching destination indicated in the information received from the update control unit 22, [0094], base station control unit 24 which receives the instruction stops pre-blocking the cell controlled by the U-Plane base station virtual machine 52 that becomes the switching destination (Step S27)); and
route cellular signals to the first programmable processor following the update process completing such that digital signal processing on cellular signals used for communication with UE is performed by the first programmable processor ([0079], after completing the software update, the update control unit 22 informs the virtual machine control device 30 of the completion of the software update, [0097], base station control unit 24 monitors the number of existing calls of the cell and is put on standby until all the calls are released (step S30). When all the calls are released, the base station control unit 24 informs the update control unit 22 of the release completion. Alternatively, a timer may be used, and when a predetermined period of time elapses, the cell may be blocked without waiting for the release completion of all the calls. The update control unit 22 informs the virtual machine control device 30 of the completion of a software update process, update control unit 22 instructs the base station control unit 24 to stop pre-blocking the cell. [0101], The base station control unit 24 stops pre-blocking the cell controlled by the U-Plane base station virtual machine 51 to which the software update is performed (step S33)).
Regarding Claim 2, Shimizu teaches the cellular network radio unit of claim 1, wherein the management processor is further configured to: request, from the first programmable processor, a plurality of states corresponding to cellular signals being processed by the first programmable processor ([0085], the update control unit 22 instructs the virtual machine control unit 31 to acquire and send PM (Performance Management) data of the U-Plane base station virtual machine installed in the second virtual machine host 50. The update control unit 22 acquires the PM data from the virtual machine control unit 31 (step S21)); receive the plurality of states from the first programmable processor ([0089], base station control unit 24 monitors the number of existing calls of the cell of the U-Plane base station virtual machine 51 and is put on standby until all the calls of the cell are released (step S24). When all the calls are released, the base station control unit 24 informs the update control unit 22 of the release completion. Alternatively, a timer may be used, and when a predetermined period of time elapses, the cell may be blocked without waiting for the release completion of all the calls); and send the plurality of states along with an adoption request to the second programmable processor ([0090], virtual base station switching control unit 32 of the virtual machine control device 30 instructs the first virtual machine host 40 and the second virtual machine host 50 to switch the connection destination so that the C-Plane base station virtual machine 41, which has been operating in conjunction with the U-Plane base station virtual machine 51 and the base station hardware 70, now operates in conjunction with the U-Plane base station virtual machine 52 that becomes the switching destination selected in step S22. The first virtual machine host 40 and the second virtual machine host 50 switch the connection destination of the C-Plane base station virtual machine 41 and the base station hardware 70 to the U-Plane base station virtual machine 52 (step S25)).
Regarding Claim 3, Shimizu teaches the cellular network radio unit of claim 2 wherein the second programmable processor is configured to adopt the plurality of states in response to the adoption request ([0093], virtual machine control unit 31 adjusts a scale of each U-Plane base station virtual machine in the second virtual machine host 50 (step S26). Specifically, the virtual machine control unit 31 scales down (reduces) the virtual hardware resource (a CPU, a memory, or the like) of the U-Plane base station virtual machine 51 to a value set in advance. Further, the virtual machine control unit 31 scales up (increases) the virtual hardware resource of the U-Plane base station virtual machine 52 that becomes the switching destination by an amount equal to a scaled-down amount. After the virtual machine control unit 31 scales up the virtual hardware resource, the virtual machine control unit 31 notifies the update control unit 22 of the completion of the scale up, [0094], update control unit 22 of the EMS server 20 instructs the base station control unit 24 to stop pre-blocking the cell. The base station control unit 24 which receives the instruction stops pre-blocking the cell controlled by the U-Plane base station virtual machine 52 that becomes the switching destination (Step S27)).
Regarding Claim 6, Shimizu teaches the cellular network radio unit of claim 1, further comprising a routing controller, wherein the routing controller alters electrical connections between: an RF interface; and the first programmable processor and the second programmable processor ([0059-0060], virtual machine control device 30 manages and controls the first virtual machine host 40 and the second virtual machine host 50, and provides an API (Application Programming Interface) which enables the first virtual machine host 40 and the second virtual machine host 50 to be controlled, the virtual machine control device 30 includes a virtual machine control unit 31 and the virtual base station switching control unit 32, [0064], when the target of the software update is the U-Plane base station virtual machine, the virtual base station switching control unit 32 switches the C-Plane base station virtual machine 41, which realizes the base station function in conjunction with the U-Plane base station virtual machines 51 and 52, and the base station hardware 70 to the U-Plane base station virtual machine 52 that becomes the switching destination indicated in the information received from the update control unit 22).
Regarding Claim 7, Shimizu teaches the cellular network radio unit of claim 6, wherein the routing controller is electrically connected with the management processor to allow the management processor to alter the electrical connections ([0052], update control unit 22 instructs the virtual machine control device 30 to switch a connection destination of the C-Plane base station virtual machine 41 operating in conjunction with the U-Plane base station virtual machine 51 and the base station hardware 70 to the U-Plane base station virtual machine 52 that becomes the switching destination or perform a reverse operation so that the C-Plane base station virtual machine 41 and the base station hardware 70 are coupled to the U-Plane base station virtual machine 51 again).
Regarding Claim 10, Shimizu teaches a cellular network, comprising: a cellular core implemented on a cloud-computing platform; a plurality of virtual centralized units (CU) implemented on the cloud-computing platform; a plurality of distributed units (DUs) that are in communication with the plurality of virtual CUs; a plurality of radio units (RUs) that are in communication with the plurality of DUs ([0035-0039], Fig. 1, the management system includes an EMS client 10, an EMS server 20, a virtual machine control device 30, a first virtual machine host 40, a second virtual machine host 50, and base station hardware 70, C-Plane base station virtual machine 41 of the first virtual machine host 40 is a virtual machine on which a C-Plane portion is operated for realizing a base station function, U-Plane base station virtual machines 51 and 52 are virtual machines on which a U-Plane portion is operated for realizing a base station function), wherein each RU of the plurality of RUs comprises:
a first programmable processor that performs digital signal processing on cellular signals used for communication with user equipment (UE) ([0036-0038], first virtual machine host 40 and the second virtual machine host 50 provide a platform for virtualizing the base station, U-Plane base station virtual machines 51 and 52 are virtual machines on which a U-Plane portion is operated for realizing a base station function);
a second programmable processor that performs digital signal processing on cellular signals used for communication with UE ([0036-0038], first virtual machine host 40 and the second virtual machine host 50 provide a platform for virtualizing the base station, U-Plane base station virtual machines 51 and 52 are virtual machines on which a U-Plane portion is operated for realizing a base station function);
a management processor, that is in communication with the first programmable processor and the second programmable processor, configured to manage communication between a distributed unit (DU) of the cellular network, the first programmable processor, and the second programmable processor ([0052], update control unit 22 instructs the virtual machine control device 30, [0059-0060], virtual machine control device 30 manages and controls the first virtual machine host 40 and the second virtual machine host 50, and provides an API (Application Programming Interface) which enables the first virtual machine host 40 and the second virtual machine host 50 to be controlled, the virtual machine control device 30 includes a virtual machine control unit 31 and the virtual base station switching control unit 32),
wherein the management processor is configured to: determine a first processing load of the first programmable processor and a second processing load of the second programmable processor ([0085], the update control unit 22 instructs the virtual machine control unit 31 to acquire and send PM (Performance Management) data of the U-Plane base station virtual machine installed in the second virtual machine host 50. The update control unit 22 acquires the PM data from the virtual machine control unit 31);
determine a total processing load ([0051], the update control unit 22 acquires performance data of a plurality of the U-Plane base station virtual machines in the second virtual machine host 50 in which the U-Plane base station virtual machine 51 is installed. For example, the performance data of the U-Plane base station virtual machine includes a user data processing amount or the number of sessions. For example, the update control unit 22 selects the U-Plane base station virtual machine (for example, the U-Plane base station virtual machine 52) which is not the target of the software update and has the minimum load among a plurality of the U-Plane base station virtual machines as the switching destination on the basis of the performance data of the U-Plane base station virtual machine. The update control unit 22 informs the virtual machine control device 30 about the selection result indicating that the U-Plane base station virtual machine 52 is selected as the switching destination) including the first processing load and the second processing load is below a predefined threshold processing load ([0083], when it is determined in step S5 whether or not the clone 42 can be activated, if the clone 42 cannot be activated because of a load status of the first virtual machine host 40 (NO in step S5), the update control unit 22 instructs the client control unit 21 of the EMS server 20 to output a warning message to the EMS client 10. The update control unit 22 is put on standby for a predetermined period of time (step S12)) such the second programmable processor can perform the total processing load with a sufficient additional capacity of available processing resources ([0086], update control unit 22 selects the U-Plane base station virtual machine that becomes the switching destination of the function unit of the U-Plane base station virtual machine 51 in the second virtual machine hosts 50 on the basis of the acquired PM data (step S22). As the U-Plane base station virtual machine that becomes the switching destination, for example, the U-Plane base station virtual machine that has the minimum load in the second virtual machine host is selected, except for the U-Plane base station virtual machine 51, on the basis of the PM data);
in response to determining the total processing load is below the predefined threshold processing load, cause cellular signals to be rerouted to the second programmable processor instead of the first programmable processor ([0093], virtual machine control unit 31 adjusts a scale of each U-Plane base station virtual machine in the second virtual machine host 50 (step S26). Specifically, the virtual machine control unit 31 scales down (reduces) the virtual hardware resource (a CPU, a memory, or the like) of the U-Plane base station virtual machine 51 to a value set in advance. Further, the virtual machine control unit 31 scales up (increases) the virtual hardware resource of the U-Plane base station virtual machine 52 that becomes the switching destination by an amount equal to a scaled-down amount. After the virtual machine control unit 31 scales up the virtual hardware resource, the virtual machine control unit 31 notifies the update control unit 22 of the completion of the scale up);
cause the first programmable processor to initiate an update process, wherein: while the first programmable processor is performing the update process, the first programmable processor does not process cellular signals ([0095], update control unit 22 acquires the upload program designated by the base station SW management unit 23 in step 51 and transmits the upload program to the U-Plane base station virtual machine 51. The update control unit 22 instructs the U-Plane base station virtual machine 51 to perform software update. The U-Plane base station virtual machine 51 performs the software update (in FIG. 2, described as “perform SW update”, SW is software) (step S28)); and
the second programmable processor processes the cellular signals rerouted to the second programmable processor instead of the first programmable processor ([0064], when the target of the software update is the U-Plane base station virtual machine, the virtual base station switching control unit 32 switches the C-Plane base station virtual machine 41, which realizes the base station function in conjunction with the U-Plane base station virtual machines 51 and 52, and the base station hardware 70 to the U-Plane base station virtual machine 52 that becomes the switching destination indicated in the information received from the update control unit 22, [0094], base station control unit 24 which receives the instruction stops pre-blocking the cell controlled by the U-Plane base station virtual machine 52 that becomes the switching destination (Step S27)); and
route cellular signals to the first programmable processor following the update process completing such that digital signal processing on cellular signals used for communication with UE is performed by the first programmable processor ([0079], after completing the software update, the update control unit 22 informs the virtual machine control device 30 of the completion of the software update, [0097], base station control unit 24 monitors the number of existing calls of the cell and is put on standby until all the calls are released (step S30). When all the calls are released, the base station control unit 24 informs the update control unit 22 of the release completion. Alternatively, a timer may be used, and when a predetermined period of time elapses, the cell may be blocked without waiting for the release completion of all the calls. The update control unit 22 informs the virtual machine control device 30 of the completion of a software update process, update control unit 22 instructs the base station control unit 24 to stop pre-blocking the cell. [0101], The base station control unit 24 stops pre-blocking the cell controlled by the U-Plane base station virtual machine 51 to which the software update is performed (step S33)).
Regarding Claim 11, Shimizu teaches the cellular network of claim 10, wherein the management processor is further configured to: request, from the first programmable processor, a plurality of states corresponding to cellular signals being processed by the first programmable processor ([0085], the update control unit 22 instructs the virtual machine control unit 31 to acquire and send PM (Performance Management) data of the U-Plane base station virtual machine installed in the second virtual machine host 50. The update control unit 22 acquires the PM data from the virtual machine control unit 31 (step S21)); receive the plurality of states from the first programmable processor ([0089], base station control unit 24 monitors the number of existing calls of the cell of the U-Plane base station virtual machine 51 and is put on standby until all the calls of the cell are released (step S24). When all the calls are released, the base station control unit 24 informs the update control unit 22 of the release completion. Alternatively, a timer may be used, and when a predetermined period of time elapses, the cell may be blocked without waiting for the release completion of all the calls); and send the plurality of states along with an adoption request to the second programmable processor ([0090], virtual base station switching control unit 32 of the virtual machine control device 30 instructs the first virtual machine host 40 and the second virtual machine host 50 to switch the connection destination so that the C-Plane base station virtual machine 41, which has been operating in conjunction with the U-Plane base station virtual machine 51 and the base station hardware 70, now operates in conjunction with the U-Plane base station virtual machine 52 that becomes the switching destination selected in step S22. The first virtual machine host 40 and the second virtual machine host 50 switch the connection destination of the C-Plane base station virtual machine 41 and the base station hardware 70 to the U-Plane base station virtual machine 52 (step S25)).
Regarding Claim 12, Shimizu teaches the cellular network of claim 11, wherein the second programmable processor is configured to adopt the plurality of states in response to the adoption request ([0093], virtual machine control unit 31 adjusts a scale of each U-Plane base station virtual machine in the second virtual machine host 50 (step S26). Specifically, the virtual machine control unit 31 scales down (reduces) the virtual hardware resource (a CPU, a memory, or the like) of the U-Plane base station virtual machine 51 to a value set in advance. Further, the virtual machine control unit 31 scales up (increases) the virtual hardware resource of the U-Plane base station virtual machine 52 that becomes the switching destination by an amount equal to a scaled-down amount. After the virtual machine control unit 31 scales up the virtual hardware resource, the virtual machine control unit 31 notifies the update control unit 22 of the completion of the scale up, [0094], update control unit 22 of the EMS server 20 instructs the base station control unit 24 to stop pre-blocking the cell. The base station control unit 24 which receives the instruction stops pre-blocking the cell controlled by the U-Plane base station virtual machine 52 that becomes the switching destination (Step S27)).
Regarding Claim 15, Shimizu teaches the cellular network of claim 10, further comprising a routing controller, wherein the routing controller alters electrical connections between: an RF interface; and the first programmable processor and the second programmable processor ([0059-0060], virtual machine control device 30 manages and controls the first virtual machine host 40 and the second virtual machine host 50, and provides an API (Application Programming Interface) which enables the first virtual machine host 40 and the second virtual machine host 50 to be controlled, the virtual machine control device 30 includes a virtual machine control unit 31 and the virtual base station switching control unit 32, [0064], when the target of the software update is the U-Plane base station virtual machine, the virtual base station switching control unit 32 switches the C-Plane base station virtual machine 41, which realizes the base station function in conjunction with the U-Plane base station virtual machines 51 and 52, and the base station hardware 70 to the U-Plane base station virtual machine 52 that becomes the switching destination indicated in the information received from the update control unit 22).
Regarding Claim 16, Shimizu teaches the cellular network of claim 15, wherein the routing controller is electrically connected with the management processor to allow the management processor to alter the electrical connections ([0052], update control unit 22 instructs the virtual machine control device 30 to switch a connection destination of the C-Plane base station virtual machine 41 operating in conjunction with the U-Plane base station virtual machine 51 and the base station hardware 70 to the U-Plane base station virtual machine 52 that becomes the switching destination or perform a reverse operation so that the C-Plane base station virtual machine 41 and the base station hardware 70 are coupled to the U-Plane base station virtual machine 51 again).
Regarding Claim 18, Shimizu teaches a non-transitory processor-readable medium, comprising processor-readable instructions configured to cause one or more processors to ([0169], the management device or the like may be realized by an arbitrary combination of the computer 900 and program that are individually provided for each component. Further, a plurality of components included in the management device may be realized by an arbitrary combination of one computer 900 and one program):
determine a first processing load of a first programmable processor and a second processing load of a second programmable processor ([0085], the update control unit 22 instructs the virtual machine control unit 31 to acquire and send PM (Performance Management) data of the U-Plane base station virtual machine installed in the second virtual machine host 50. The update control unit 22 acquires the PM data from the virtual machine control unit 31),
wherein: the first programmable processor performs digital signal processing as part of a radio unit on cellular signals used for communication with user equipment (UE) of a cellular network ([0036-0038], first virtual machine host 40 and the second virtual machine host 50 provide a platform for virtualizing the base station, U-Plane base station virtual machines 51 and 52 are virtual machines on which a U-Plane portion is operated for realizing a base station function); and
the second programmable processor performs digital signal processing as part of the radio unit on cellular signals used for communication with UE of the cellular network ([0036-0038], first virtual machine host 40 and the second virtual machine host 50 provide a platform for virtualizing the base station, U-Plane base station virtual machines 51 and 52 are virtual machines on which a U-Plane portion is operated for realizing a base station function);
determine a total processing load ([0051], the update control unit 22 acquires performance data of a plurality of the U-Plane base station virtual machines in the second virtual machine host 50 in which the U-Plane base station virtual machine 51 is installed. For example, the performance data of the U-Plane base station virtual machine includes a user data processing amount or the number of sessions. For example, the update control unit 22 selects the U-Plane base station virtual machine (for example, the U-Plane base station virtual machine 52) which is not the target of the software update and has the minimum load among a plurality of the U-Plane base station virtual machines as the switching destination on the basis of the performance data of the U-Plane base station virtual machine. The update control unit 22 informs the virtual machine control device 30 about the selection result indicating that the U-Plane base station virtual machine 52 is selected as the switching destination) including the first processing load and the second processing load is below a predefined threshold processing load ([0083], when it is determined in step S5 whether or not the clone 42 can be activated, if the clone 42 cannot be activated because of a load status of the first virtual machine host 40 (NO in step S5), the update control unit 22 instructs the client control unit 21 of the EMS server 20 to output a warning message to the EMS client 10. The update control unit 22 is put on standby for a predetermined period of time (step S12)) such the second programmable processor can perform the total processing load with a sufficient additional capacity of available processing resources ([0086], update control unit 22 selects the U-Plane base station virtual machine that becomes the switching destination of the function unit of the U-Plane base station virtual machine 51 in the second virtual machine hosts 50 on the basis of the acquired PM data (step S22). As the U-Plane base station virtual machine that becomes the switching destination, for example, the U-Plane base station virtual machine that has the minimum load in the second virtual machine host is selected, except for the U-Plane base station virtual machine 51, on the basis of the PM data);
in response to determining the total processing load is below the predefined threshold processing load, cause cellular signals to be rerouted to the second programmable processor instead of the first programmable processor ([0093], virtual machine control unit 31 adjusts a scale of each U-Plane base station virtual machine in the second virtual machine host 50 (step S26). Specifically, the virtual machine control unit 31 scales down (reduces) the virtual hardware resource (a CPU, a memory, or the like) of the U-Plane base station virtual machine 51 to a value set in advance. Further, the virtual machine control unit 31 scales up (increases) the virtual hardware resource of the U-Plane base station virtual machine 52 that becomes the switching destination by an amount equal to a scaled-down amount. After the virtual machine control unit 31 scales up the virtual hardware resource, the virtual machine control unit 31 notifies the update control unit 22 of the completion of the scale up);
cause the first programmable processor to initiate an update process, wherein: while the first programmable processor is performing the update process, the first programmable processor does not process cellular signals ([0095], update control unit 22 acquires the upload program designated by the base station SW management unit 23 in step 51 and transmits the upload program to the U-Plane base station virtual machine 51. The update control unit 22 instructs the U-Plane base station virtual machine 51 to perform software update. The U-Plane base station virtual machine 51 performs the software update (in FIG. 2, described as “perform SW update”, SW is software) (step S28)); and
the second programmable processor processes the cellular signals rerouted to the second programmable processor instead of the first programmable processor ([0064], when the target of the software update is the U-Plane base station virtual machine, the virtual base station switching control unit 32 switches the C-Plane base station virtual machine 41, which realizes the base station function in conjunction with the U-Plane base station virtual machines 51 and 52, and the base station hardware 70 to the U-Plane base station virtual machine 52 that becomes the switching destination indicated in the information received from the update control unit 22, [0094], base station control unit 24 which receives the instruction stops pre-blocking the cell controlled by the U-Plane base station virtual machine 52 that becomes the switching destination (Step S27)); and
route cellular signals to the first programmable processor following the update process completing such that digital signal processing on cellular signals used for communication with UE is performed by the first programmable processor ([0079], after completing the software update, the update control unit 22 informs the virtual machine control device 30 of the completion of the software update, [0097], base station control unit 24 monitors the number of existing calls of the cell and is put on standby until all the calls are released (step S30). When all the calls are released, the base station control unit 24 informs the update control unit 22 of the release completion. Alternatively, a timer may be used, and when a predetermined period of time elapses, the cell may be blocked without waiting for the release completion of all the calls. The update control unit 22 informs the virtual machine control device 30 of the completion of a software update process, update control unit 22 instructs the base station control unit 24 to stop pre-blocking the cell. [0101], The base station control unit 24 stops pre-blocking the cell controlled by the U-Plane base station virtual machine 51 to which the software update is performed (step S33)).
Regarding Claim 19, Shimizu teaches the non-transitory processor-readable medium of claim 18, wherein the processor-readable instructions are further configured to cause the one or more processors to: request, from the first programmable processor, a plurality of states corresponding to cellular signals being processed by the first programmable processor ([0085], the update control unit 22 instructs the virtual machine control unit 31 to acquire and send PM (Performance Management) data of the U-Plane base station virtual machine installed in the second virtual machine host 50. The update control unit 22 acquires the PM data from the virtual machine control unit 31 (step S21)); receive the plurality of states from the first programmable processor ([0089], base station control unit 24 monitors the number of existing calls of the cell of the U-Plane base station virtual machine 51 and is put on standby until all the calls of the cell are released (step S24). When all the calls are released, the base station control unit 24 informs the update control unit 22 of the release completion. Alternatively, a timer may be used, and when a predetermined period of time elapses, the cell may be blocked without waiting for the release completion of all the calls); and send the plurality of states along with an adoption request to the second programmable processor ([0090], virtual base station switching control unit 32 of the virtual machine control device 30 instructs the first virtual machine host 40 and the second virtual machine host 50 to switch the connection destination so that the C-Plane base station virtual machine 41, which has been operating in conjunction with the U-Plane base station virtual machine 51 and the base station hardware 70, now operates in conjunction with the U-Plane base station virtual machine 52 that becomes the switching destination selected in step S22. The first virtual machine host 40 and the second virtual machine host 50 switch the connection destination of the C-Plane base station virtual machine 41 and the base station hardware 70 to the U-Plane base station virtual machine 52 (step S25)).
Claim Rejections - 35 USC § 103
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 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.
Claims 4, 9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 2018/0060105), in view of Kumar et al (US 2020/0274591).
Regarding Claims 4 and 13, Shimizu teaches all aspects of the invention according to Claims 1 and 10 above. Shimizu fails to teach an RF interface that comprises: a plurality of converter and modulator subsystems; a plurality of RF front ends, wherein each RF front end is connected with a converter and modulator subsystem of the plurality of converter and modulator subsystems; and a plurality of duplexers connected with the plurality of RF front ends and one or more antennas.
In the same field of endeavor, Kumar teaches an RF interface that comprises: a plurality of converter and modulator subsystems; a plurality of RF front ends, wherein each RF front end is connected with a converter and modulator subsystem of the plurality of converter and modulator subsystems; and a plurality of duplexers connected with the plurality of RF front ends and one or more antennas ([0059], FIG. 8 illustrates the example diagram of the RRH 11 in FDD system in which transmission of downlink signals and reception of uplink signals are performed on separate frequencies at the same time, where a duplexer 1135 separates receive frequency components from transmit frequency components, [0067], Fig. 10, shows an example block diagram of the RF chain 114 included in the RRH 11. Referring to FIG. 10, the RF chain 114 includes a band pass filter 1141, a power amplifier 1142a, a low noise amplifier 1142b, an IF+RF up/down converter 1143, a low pass filter 1144 and an Analog-to-Digital converter (ADC)/Digital-to-Analog converter (DAC) 1145. When data is transmitted to the UTs 2, the RF chain 114 modulates a baseband signal to a radio frequency band. When data is received from the UTs 2, the RF chain 114 demodulates the signal in the radio frequency band to the baseband signal)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the virtual machine control device for switching between configurations to provide functions of a virtual base station, as taught in Shimizu, to operate by switching between RF processing chains connected to a number of different RF front ends, as taught in Kumar, in order to better facilitate the performing of both transmission and reception of signals on separate frequencies at the same time. (See Kumar [0059]).
Regarding Claim 9, Shimizu teaches all aspects of the invention according to Claim 1 above. Shimizu fails to teach wherein routing cellular signals from the first programmable processor to the second programmable processor causes the second programmable processor to process an additional carrier frequency.
In the same field of endeavor, Kumar teaches wherein routing cellular signals from the first programmable processor to the second programmable processor causes the second programmable processor to process an additional carrier frequency ([0059], FIG. 8 illustrates the example diagram of the RRH 11 in FDD system in which transmission of downlink signals and reception of uplink signals are performed on separate frequencies at the same time, where a duplexer 1135 separates receive frequency components from transmit frequency components, [0057], adaptive adjustment of the coverage to match user density distributions in azimuth and elevation plane, the phased-array antennas 112 are integrated to each RF circuit in the RRH 11. All the phased-array antennas 112 can be used for both transmission and reception of signals to and from the UTs 2, respectively. The transmission of uplink signals to the UTs 2 and reception of downlink signals from the UTs 2 can be multiplex in time or frequency, which is controlled by the RF front-end 113).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the virtual machine control device for switching between configurations to provide functions of a virtual base station, as taught in Shimizu, to operate by switching between RF processing chains connected to a number of different RF front ends, as taught in Kumar, in order to better facilitate the performing of both transmission and reception of signals on separate frequencies at the same time. (See Kumar [0059]).
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 2018/0060105), in view of Kumar et al (US 2020/0274591), and further in view of Anderson et al (US 2021/0112551).
Regarding Claims 5 and 14, Shimizu, modified by Kumar, teach all aspects of Claims 4 and 13 above. The combination fails to teach wherein the RF interface further comprises: a serial interface, which receives instructions from the management processor, that controls which of the plurality of converter and modulator subsystems are in communication with the first programmable processor and the second programmable processor.
In the same field of endeavor, Anderson teaches wherein the RF interface further comprises: a serial interface, which receives instructions from the management processor, that controls which of the plurality of converter and modulator subsystems are in communication with the first programmable processor and the second programmable processor ([0040], SoC 322 can also include various other components such as a digital to analog converter (DAC) 324 connected to an crystal oscillator XO such as a hi stab XO 320, general-purpose input/output (GPIO) 326 ports or pins, analog to digital converter (ADC)/DACs 350a-c to connect to the programmable RF 210 (shown in FIG. 3B), interfaces such as Universal Serial 10GE Media Independent Interfaces (USXGMII) 312a, 306a, peripheral component interconnect express (PCIE) 306b, Serial Peripheral Interface (SPI) 314a, Universal Asynchronous Receiver/Transmitter (UART) 338a-b, a Double Data Rate (DDR) memory port 318a, among others. The interfaces can be connected as shown to a synchronous Ethernet (syncE) 310, multi gigabit physical layer device (mGig PHY) 312, an Anti-Counterfeit Technology, 2.sup.nd Generation (ACT2), a FLASH memory 316, a DDR memory 318, a module 306 supporting the various interfaces), one or more Internet of Things (IoT) devices 352, etc. A power supply 302, an Ethernet jack such as mag-jack 304, and a synchronization/jitter cleaning module 308 for clock outputs can also be connected as shown).
It would have been obvious to one having ordinary skill in the art before the effective filing fate of the claimed invention to modify the virtual machine control device for switching between configurations to provide functions of a virtual base station, as taught in Shimizu, to be operable over a serial interface in a 5G communication system, as taught in Anderson, in order to provide high-speed communications that meet the user’s needs over the most prevalent network protocols.
Claims 8, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 2018/0060105), in view of Anderson et al (US 2021/0112551).
Regarding Claims 8, 17, and 20, Shimizu teaches all aspects of Claims 1, 10, and 18 above. Shimizu fails to teach wherein the radio unit functions as part of a gNodeB of a 5G New Radio (NR) cellular network.
In the same field of endeavor, Anderson teaches wherein the radio unit functions as part of a gNodeB of a 5G New Radio (NR) cellular network ([0017], The communication system can interface with at least one programmable Radio Frequency (RF) front end configured for wireless communication over one or more frequency bands for Wi-Fi traffic and one or more frequency bands for cellular network traffic (e.g., 5G, LTE, Wi-Fi), [0039], The SoC 322 can include various other components such as a host central processing unit (CPU) 328 which can be shared between the Wi-Fi MAC 206 and the LTE/5G RU 208).
It would have been obvious to one having ordinary skill in the art before the effective filing fate of the claimed invention to modify the virtual machine control device for switching between configurations to provide functions of a virtual base station, as taught in Shimizu, to be operable over a serial interface in a 5G communication system, as taught in Anderson, in order to provide high-speed communications that meet the user’s needs over the most prevalent network protocols.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Liu (US 2022/0376747) teaches customer premise equipment is provided and includes: N antennas arranged along a peripheral direction of the customer premise equipment, radiating surfaces of the N antennas at least facing four different directions; a RF circuit connected to the N antennas and configured to control the antennas to transmit and receive an antenna signal and correspondingly measure network information of the antenna signal; and a processor connected to the RF circuit and configured to: configure multiple first transceiver antenna groups from the N antennas, wherein each first transceiver antenna group consists of M antennas, the M antennas have three sequentially adjacent radiating surfaces facing different directions; obtain network information corresponding to the multiple first transceiver antenna groups; determine a target first transceiver antenna group according to the largest network information; and configure the RF circuit to control the target first transceiver antenna group to transmit and receive the antenna signal. (Abstract);
Gainey et al (US 2013/0077502) teaches method of controlling gains within a repeater may include determining a power control set point value which controls a transmit power of a mobile station (MS), and receiving a downlink signal from a base station transceiver system (BTS). The method may further include measuring a power of the received downlink signal, and computing a power level of a signal expected at the uplink of the repeater, wherein the computing is based on the measured downlink power and the power control set point value. Finally, the method may further include adjusting a gain of at least one amplifier based on the computed power level. An apparatus for controlling gains in a repeater may include a baseband processor for performing the above method. (Abstract);
Kalkunte et al (US 11,570,687) teaches a communication system includes a central cloud server to determine a primary communication path between a radio access network (RAN) node and one or more user equipment (UEs) via a first set of edge devices of a plurality of edge devices. The central cloud server determines a secondary communication path between the RAN node and the one or more UEs via a second set of edge devices, and causes the first set of edge devices to establish the determined primary communication path to service the one or more UEs for uplink and downlink communication. The central cloud server control switching from the primary communication path to the secondary communication path within a threshold time based on a presence of a signal obstruction in the primary communication path to maintain a continuity in the service to the one or more UEs for the uplink and downlink communication (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM.
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, Charles Appiah can be reached at (571) 272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARGARET G WEBB/Primary Examiner, Art Unit 2641
Prosecution Insights