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 .
Priority
The present application does not claim for foreign priority.
This application is a continuation of 17/406,336 filed on 8/19/2021, now patented US 12,041,530.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 6/11/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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).
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Claims 1, 2, 5-9, 12-15, and 18-20 are rejected on the ground of nonstatutory obviousness‐type double patenting as being unpatentable over claims 1, 3, 5, and 8 of US 12,041,530 B2 in view of Dittia et al. (US 6,674,721 B1, hereinafter Dittia).
Regarding claims 1, 8, and 14:
US 12,041,530 B2 discloses wherein wirelessly receiving slice information that was broadcast from a source wireless access node and that indicates wireless network slices that are served by other wireless network nodes (see, [Claim 1 of US 12,041,530 B2]: “… in response to the X2 signaling, the RRC generating a Session Information Block (SIB) that indicates the wireless network slices served by the source wireless access node and the other wireless access nodes and driving a Radio Unit (RU) in the source wireless access node to wirelessly broadcast the SIB that indicates the wireless network slices served by the source wireless network node and the other wireless access nodes; …”);
executing a user application that uses one of the wireless network slices, and in response, selecting one of the other wireless access nodes that serves the one of the wireless network slices based on the slice information (see, [Claim 1 of US 12,041,530 B2]: “… the UE executing a user application that uses the wireless network slice; … the UE reselecting one of the other wireless access nodes that serves the wireless network slice based on the SIB responsive to executing the user application that uses the wireless network slice; …”); and
wirelessly exchanging slice data for the user application with the selected one of the other wireless access nodes, wherein the selected one of the other wireless access nodes exchanges the slice data with the one of the wireless network slices (see, [Claim 1 of US 12,041,530 B2]: “… the UE wirelessly attaching to the selected one of the other wireless access nodes.”).
US 12,041,530 B2 does not explicitly disclose wherein selecting one of the other wireless access nodes that serves the one of the wireless network slices based on wireless signal strength.
In the same field of endeavor, Seidel teaches wherein selecting one of the other wireless access nodes that serves the one of the wireless network slices based on wireless signal strength (see, Seidel: Page 50, lines 10-17, “each base station may maintain the slice-specific RACH resource configuration of each neighbor cell in a neighbor cell list table. In case of a handover or in case of a conditional handover, the source gNB already knows which of the slice-specific RACH resource configurations is to be selected from the configured slice-specific RACH resource configuration of the target gNB for performing the RACH process for the handover completion. This may be based on information contained in the handover request or in the handover response message, for example a requested explicit or implicit slice identity.”; Page 50, lines 27-29, “in case one or more predefined CHO criteria are met, for example, a certain signal strength threshold, the CHO is triggered, and the UE performs the RACH in the target cell.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US 12,041,530 B2 to include the teachings of Seidel in order for the UE (i.e., wireless device) to perform slice-specific RACH process for handover to a target cell based on a certain signal strength threshold (see, Seidel: Page 50).
Regarding claims 2, 9, and 15:
US 12,041,530 B2 discloses wherein wirelessly exchanging the slice data for the user application with the selected one of the other wireless access nodes comprises performing random access over a Random Access Channel (RACH) to the selected one of the other wireless access nodes (see, [Claim 5 of US 12,041,530 B2]: “… the UE wirelessly attaching to the selected one of the other wireless access nodes comprises performing random access over a Random Access Channel (RACH) to the selected one of the other wireless access nodes.”).
Regarding claims 5, 12, and 18:
US 12,041,530 B2 discloses wherein wirelessly receiving the slice information that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes comprises wirelessly receiving the slice information in a System Information Block (SIB) that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes (see, [Claim 1 of US 12,041,530 B2]: “… the UE wirelessly receiving the SIB from the source wireless access node, determining when the source wireless access node does not serve the wireless network slice based on the SIB, and when the source wireless access node does not serve the wireless network slice, the UE reselecting one of the other wireless access nodes that serves the wireless network slice based on the SIB responsive to executing the user application that uses the wireless network slice; ...”).
Regarding claims 6 and 19:
US 12,041,530 B2 discloses wherein wirelessly receiving the slice information that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes comprises wirelessly receiving the slice information in a System Information Block One (SIB1) that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes (see, [Claim 1 of US 12,041,530 B2]: “… in response to the X2 signaling, the RRC generating a Session Information Block (SIB) that indicates the wireless network slices served by the source wireless access node and the other wireless access nodes and driving a Radio Unit (RU) in the source wireless access node to wirelessly broadcast the SIB that indicates the wireless network slices served by the source wireless network node and the other wireless access nodes; ...”; [Claim 3 of US 12,041,530 B2]: “… the SIB comprises a System Information Block One (SIB 1).”).
Regarding claims 7, 13, and 20:
US 12,041,530 B2 discloses wherein wirelessly receiving the slice information that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes comprises wirelessly receiving the slice information that was received by the source wireless access node from the other wireless network nodes over X2 signaling (see, [Claim 1 of US 12,041,530 B2]: “… the RRC exchanging X2 signaling with other RRCs in other wireless access nodes that indicates the wireless network slices served by the source wireless access node and the other wireless access nodes; in response to the X2 signaling, the RRC generating a Session Information Block (SIB) that indicates the wireless network slices served by the source wireless access node and the other wireless access nodes and driving a Radio Unit (RU) in the source wireless access node to wirelessly broadcast the SIB that indicates the wireless network slices served by the source wireless network node and the other wireless access nodes; ...”).
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 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.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 4, 6-9, 11, 13-15, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mildh et al. (US 2021/0282082 A1, hereinafter Mildh) in view of Chen et al. (US 2021/0367036, hereinafter Chen) further in view of Seidel et al. (WO 2021/239899 A1, hereinafter Seidel).
Regarding claim 1:
Mildth teaches a method (see, Mildth: Fig. 14) comprising:
wirelessly receiving slice information that was broadcast from a source wireless access node and that indicates wireless network slices that are served by other wireless network nodes (see, Mildh: para. [0311], “network node 200 may broadcast a parameter associated with its network slice availability and/or the network slice availability of one or more of the neighboring network nodes.”; para. [0313], “wireless device 210 receives, from a network node, such as network node 200, information associated with network slice availability in a network comprising the network node. In some embodiments, at least a portion of the information associated with network slice availability is received in a broadcast from the network node. In some embodiments, at least a portion of the information associated with network slice availability is based on network configuration information received from the network prior to receiving the broadcast from the network node.”).
Mildh does not explicitly teach wherein executing a user application that uses the wireless network slice.
In the same field of endeavor, Chen teaches wherein executing a user application that uses the wireless network slice (see, Chen: para. [0037], “a video streaming player (APP 1) is launched in the UE 302 and initiates an initial service request. If the selected default slice in idle mode does not meet the requirements of the request, the UE 302 may enter the connected mode and starts a connected mode network slice discovery and selection for initial network slice request, as described further herein.”.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Mildh in combination of the teachings of Chen in order for the UE (i.e., wireless device) to select the network slice that meets the requirement of the user application such as a video streaming player (see, Chen: para. [0037]).
Mildth further teaches wherein in response, selecting one of the other wireless access nodes that serves the one of the wireless network slices based on the slice information (see, Mildh: para. [0316], “wireless device 210 performs reselection of one or more of a cell, a frequency, or a radio access technology based on the information associated with network slice availability. For example, a particular network slice may not be available on the current cell, frequency, and/or radio access technology. Wireless device 210 may then perform reselection to select a cell, frequency, and/or radio access technology that supports the network slice.”).
Mildth in view of Chen does not explicitly teach wherein selecting one of the other wireless access nodes that serves the one of the wireless network slices based on wireless signal strength.
In the same field of endeavor, Seidel teaches wherein selecting one of the other wireless access nodes that serves the one of the wireless network slices based on wireless signal strength (see, Seidel: Page 50, lines 10-17, “each base station may maintain the slice-specific RACH resource configuration of each neighbor cell in a neighbor cell list table. In case of a handover or in case of a conditional handover, the source gNB already knows which of the slice-specific RACH resource configurations is to be selected from the configured slice-specific RACH resource configuration of the target gNB for performing the RACH process for the handover completion. This may be based on information contained in the handover request or in the handover response message, for example a requested explicit or implicit slice identity.”; Page 50, lines 27-29, “in case one or more predefined CHO criteria are met, for example, a certain signal strength threshold, the CHO is triggered, and the UE performs the RACH in the target cell.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Mildh in view of Chen in combination of the teachings of Seidel in order for the UE (i.e., wireless device) to perform slice-specific RACH process for handover to a target cell based on a certain signal strength threshold (see, Seidel: Page 50).
Mildth further teaches wherein wirelessly exchanging slice data for the user application with the selected one of the other wireless access nodes, wherein the selected one of the other wireless access nodes exchanges the slice data with the one of the wireless network slices (see, Mildh: para. [0316], “Once selected, wireless device 210 may then access the first network slice through the new cell, frequency, or RAT. In this manner, wireless device 210 may connect to the desired network slice, even if it is not available on the current cell, frequency, or radio access technology.”).
Regarding claim 2:
As discussed above, Mildth in view of Chen and Seidel teaches all limitations in claim 1.
Seidel further teaches wherein wirelessly exchanging the slice data for the user application with the selected one of the other wireless access nodes comprises performing random access over a Random Access Channel (RACH) to the selected one of the other wireless access nodes (see, Seidel: Page 50, lines 10-17, “each base station may maintain the slice-specific RACH resource configuration of each neighbor cell in a neighbor cell list table. In case of a handover or in case of a conditional handover, the source gNB already knows which of the slice-specific RACH resource configurations is to be selected from the configured slice-specific RACH resource configuration of the target gNB for performing the RACH process for the handover completion. This may be based on information contained in the handover request or in the handover response message, for example a requested explicit or implicit slice identity.”; Page 50, lines 27-29, “in case one or more predefined CHO criteria are met, for example, a certain signal strength threshold, the CHO is triggered, and the UE performs the RACH in the target cell.”).
Regarding claim 4:
As discussed above, Mildth in view of Chen and Seidel teaches all limitations in claim 1.
Chen further teaches wherein executing the user application that uses the one of the wireless network slices comprises executing a media-streaming application that uses the one of the wireless network slices (see, Chen: para. [0037], “a video streaming player (APP 1) is launched in the UE 302 and initiates an initial service request.”, wherein the video streaming player is a media streaming application.).
Regarding claim 6:
As discussed above, Mildth in view of Chen and Seidel teaches all limitations in claim 1.
Seidel further teaches wherein wirelessly receiving the slice information that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes comprises wirelessly receiving the slice information in a System Information Block One (SIB1) that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes (see, Seidel: Page 9, lines 29-33, “The signaling of the slice-specific RACH resource configuration specifying the separate RACH resources may be done by extending the system information block 1, SIB-1, or by introducing a new system information block for slicing that may be referred to as SIB-Slice, SIBS. Reusing the SIB-1 may be beneficial because it is sent often and reliable.”).
Regarding claim 7:
As discussed above, Mildth in view of Chen and Seidel teaches all limitations in claim 1.
Mildth further teaches wherein wirelessly receiving the slice information that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes comprises wirelessly receiving the slice information that was received by the source wireless access node from the other wireless network nodes over X2 signaling (see, Mildh: para. [0258], “The signaling of slice support can be sent at initial connection setup between network nodes (E.g. at X2/Xn setup between RAN nodes or S1/NG setup between CN and RAN nodes). It can also be done dynamically when the slice availability changes (e.g. event triggered).”; para. [0307], “In certain embodiments, at least a portion of the network slice availability is obtained during an initial connection set up between the first network node and at least one of the neighboring network nodes. For example, each network node in the wireless network may access their own network slice availability, e.g., which network slices are supported on the network node. During initial connection set up between the nodes, network node 200 may communicate its network slice availability information and receive the same from the neighboring nodes. In this manner, network node 200 may obtain network slice availability information during the initial connection set up.”; para. [0311], “network node 200 may broadcast a parameter associated with its network slice availability and/or the network slice availability of one or more of the neighboring network nodes.”, wherein the network node 200 is equivalent to the source wireless access node.).
Regarding claim 8:
Claim 8 is directed towards one or more non-transitory computer readable storage media (see, Mildh: Fig. 3, Storage 330; para. [0113]) having program instructions stored thereon, wherein the program instructions, when executed by a computing system (see, Mildh: Fig. 3, Processing Circuitry 315), direct the computing system to perform the method of claim 1. Therefore, claim 8 is rejected by applying the similar rationale used to reject claim 1 above.
Regarding claim 9:
Claim 9 is directed towards the one or more non-transitory computer readable storage media of claim 8 that is further limited to similar features to claim 2. Therefore, claim 9 is rejected by applying the similar rationale used to reject claim 2 above.
Regarding claim 11:
Claim 11 is directed towards the one or more non-transitory computer readable storage media of claim 8 that is further limited to similar features to claim 4. Therefore, claim 11 is rejected by applying the similar rationale used to reject claim 4 above.
Regarding claim 13:
Claim 13 is directed towards the one or more non-transitory computer readable storage media of claim 8 that is further limited to similar features to claim 7. Therefore, claim 13 is rejected by applying the similar rationale used to reject claim 7 above.
Regarding claim 14:
Claim 14 is directed towards a User Equipment (UE) (see, Mildh: Fig. 2, Wireless Device 210; Fig. 3, UE 300) comprising: a radio (see, Mildh: Fig. 3, Radio Circuitry 310); and circuitry (see, Mildh: Fig. 3, Processing Circuitry 315) configured to execute the method of claim 1. Therefore, claim 14 is rejected by applying the similar rationale used to reject claim 1 above.
Regarding claim 15:
Claim 15 is directed towards the UE of claim 14 that is further limited to similar features to claim 2. Therefore, claim 15 is rejected by applying the similar rationale used to reject claim 2 above.
Regarding claim 17:
Claim 17 is directed towards the UE of claim 14 that is further limited to similar features to claim 4. Therefore, claim 17 is rejected by applying the similar rationale used to reject claim 4 above.
Regarding claim 19:
Claim 19 is directed towards the UE of claim 14 that is further limited to similar features to claim 6. Therefore, claim 19 is rejected by applying the similar rationale used to reject claim 6 above.
Regarding claim 20:
Claim 20 is directed towards the UE of claim 14 that is further limited to similar features to claim 7. Therefore, claim 20 is rejected by applying the similar rationale used to reject claim 7 above.
Claims 3, 10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Mildh in view of Chen further in view of Seidel further in view of Dahan et al. (US 2020/0053834 A1, hereinafter Dahan).
Regarding claim 3:
As discussed above, Mildth in view of Chen and Seidel teaches all limitations in claim 1.
Although Chen teaches a variety uses cases that NR is expected to support including augmented reality (see, Chen: para. [0105]), Mildh in view of Chen and Seidel does not explicitly teach wherein executing the user application that uses the one of the wireless network slices comprises executing an augmented-reality application that uses the one of the wireless network slices.
In the same field of endeavor, Dahan teaches wherein executing the user application that uses the one of the wireless network slices comprises executing an augmented-reality application that uses the one of the wireless network slices (see, Dahan: para. [0035], “a hypothetical chat application can launch a new augmented reality (AR) feature. … In an aspect, directing the UEs to the new slice can comprise directing new UEs to the new slice, existing UEs to the new slice, or combinations thereof, e.g., existing chat app instances can be re-directed to the new slice, new chat app instances can be directed to employ the new slice, or a combination thereof.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Mildh in view of Chen and Seidel in combination of the teachings of Dahan in order for the UE to select a network slice suitable for augmented reality feature (AR) requiring low latency and high throughput (see, Dahan: para. [0035]).
Regarding claim 10:
Claim 10 is directed towards the one or more non-transitory computer readable storage media of claim 8 that is further limited to similar features to claim 3. Therefore, claim 10 is rejected by applying the similar rationale used to reject claim 3 above.
Regarding claim 16:
Claim 16 is directed towards the UE of claim 14 that is further limited to similar features to claim 3. Therefore, claim 16 is rejected by applying the similar rationale used to reject claim 3 above.
Claims 5, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mildh in view of Chen further in view of Seidel further in view of Venkataraman et al. (US 2022/0377659 A1, hereinafter Vankataraman).
Regarding claim 5:
As discussed above, Mildth in view of Chen and Seidel teaches all limitations in claim 1.
Mildth in view of Chen and Seidel does not explicitly teach wherein wirelessly receiving the slice information that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes comprises wirelessly receiving the slice information in a System Information Block (SIB) that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes.
In the same field of endeavor, Vankataraman teaches wherein wherein wirelessly receiving the slice information that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes comprises wirelessly receiving the slice information in a System Information Block (SIB) that was broadcast from the source wireless access node and that indicates the wireless network slices that are served by the other wireless network nodes (see, Vankataraman: para. [0042], “a 5G NR cell may provide an on-demand SIB that is configured to indicate a set of network slices supported by the cell and/or its neighbor cells.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Mildh in view of Chen and Seidel in combination of the teachings of Vankataraman in order for a cell to provide an on-demand SIB that is configured to indicate a set of network slices supported by the cell and/or its neighbor cells (see, Vankataraman: para. [0042]).
Regarding claim 12:
Claim 12 is directed towards the one or more non-transitory computer readable storage media of claim 8 that is further limited to similar features to claim 5. Therefore, claim 12 is rejected by applying the similar rationale used to reject claim 5 above.
Regarding claim 18:
Claim 18 is directed towards the UE of claim 14 that is further limited to similar features to claim 5. Therefore, claim 18 is rejected by applying the similar rationale used to reject claim 5 above.
Conclusion
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/JI-HAE YEA/Primary Examiner, Art Unit 2471