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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12069509 in view of Chen (U.S. Pub. No. 20150009887, hereinafter Chen) and Chun (WO2021029636A1, hereinafter Chun).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1-20 of U.S. Patent No. 12069509 discloses
a method comprising: analyzing, by a network device, congestion information of a network; determining, by the network device based on the analyzing, to update admission control information of an end device; generating, by the network device, an update of the admission control information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class value, wherein the first access class value includes a timed access class value, a duration during which the timed access class value is active, and a second access class value to be used when the duration expires; and transmitting, by the network device to the end device, the update of the admission control information;
further comprising analyzing, by the network device, historical sensor information associated with end devices; and wherein the determining further comprises determining, by the network device based on the analyzing of the historical sensor information, to update the admission control information of the end device;
wherein the network is a radio access network (RAN), and the congestion information pertains to a RAN device of the RAN, and the method further comprises updating, by the network device, a trained model based on feedback from the network;
wherein the first access class value includes an access class value of an application of the end device;
further comprising transmitting, by the network device to the end device before analyzing, a request for current admission control information of the end device; and receiving, by the network device from the end device, a response that includes the current access class value of the end device;
wherein the first access class value includes a default access class value
wherein the update of the admission control information includes a value indicating a total number of access class values supported by the end device;
wherein the network device is one of a smart card Over-The Air (OTA) server, a device management (DM) server, or a Lightweight Machine to Machine (LW M2M) server;
a network device comprising: a processor configured to: analyze congestion information of a network; determine, based on the analysis, to update admission control information of an end device; generate an update of the admission control information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class value, wherein the first access class value includes a timed access class value, a duration during which the timed access class value is active, and a second access class value to be used when the duration expires; and transmit to the end device the update of the admission control information;
wherein the processor is further configured to: analyze historical sensor information associated with end devices; and wherein when determining, the processor is further configured to: determine, based on the analysis of the historical sensor information, to update the admission control information of the end device;
wherein the network is a radio access network (RAN), and the congestion information pertains to a RAN device of the RAN, and wherein the processor is further configured to: update a trained model based on feedback from the network; and
a non-transitory computer-readable storage medium storing instructions executable by a processor of a network device, which when executed cause the network device to: analyze congestion information of a network; determine, based on the analysis, to update admission control information of an end device; generate an update of the admission control information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class value, wherein the first access class value includes a timed access class value, a duration during which the timed access class value is active, and a second access class value to be used when the duration expires; and transmit to the end device the update of the admission control information.
The mapping between the instant claims and the claims of the patent claim 12069509:
The claims of the instant application: a method comprising: determining, by a network device, to update admission control information of an end device ( See claim 1 of the patent) generating, by the network device, an update of the admission control information, which includes a first access class value and a duration during which the first access class value is to be active, that reconfigures the end device; and transmitting, by the network device to the end device, the update of the admission control information ( See details of the obvious of this office action).
Applicant's claims 1-20 broaden the scope of the claims 1-20 of patent by eliminating “wherein the first access class value includes a timed access class value, a duration during which the timed access class value is active, and a second access class value to be used when the duration expires “ from the claims 1-20. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
The claims 1-20 of U.S. Patent No. 12069509 does not explicitly teach "generating, by the network device, an update of the admission control information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class value;"
However, in a similar endeavor, Chen teaches "generating, by the network device, an update of the admission control information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class; and transmitting, by the network device to the end device, the update of the admission control information."
Chen provides a radio access network node which may be an RNC, NodeB or eNB (network device) (para. 0036) that can generate updated access control information (generating, by the network device, an update of the admission control information). Additionally, Chen provides that a radio network RNC may send RRC signaling (transmitting) to a user equipment (network device to the end device) a notification of a change occurred in the access control information and update the access control information according to the RRC signaling (para. 0041). After a UE receives this information, it may be understood that a UE determines an access control value (first access class value) to utilize for barring access (indicates an access class for the end device) (para. 0004). Thus,
It would be a prima facie case of obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ishii with the teachings of Chen to produce a network device capable of generating and updating access control information for transmission in a network congestion system. Doing so would allow for improvements in controlling access and additionally enhance system performance as suggested by Chen (para. 0012).
As discussed herein, The claims 1-20 of U.S. Patent No. 12069509 in view of Chen discloses information that is particularly an update of admission control information. However, The claims 1-20 of U.S. Patent No. 12069509 in view of Chen does not explicitly teach "information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class. However, in a similar endeavor, it teaches "information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class"Setting information on the access category may be used by the terminal to determine an access category based on a message the of a SIP message to be transmitted by the terminal (information that includes a first access class value (used for same functionality of an access class) . And additionally, a core network (network device) may transmit a registration acceptance message including configuration information for an operator defined access category to the terminal (first access class value functionally equivalent). After the registration acceptance message is transmitted, the setting information on the operator-defined access category may be transmitted to the terminal (end device) through a UE configuration update message where the terminal stores the configuration information for an operator-defined access category . Thus, It would be a prima facie case of obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified The claims 1-20 of U.S. Patent No. 12069509 in view of Chen with the teachings of Chun to provide a network device capable of sending configuration updates and updating the information for a terminal. Doing so would allow for setting information that would be for terminals for access categories where the access category for a terminal is applied for access barring to combat congestion as suggested by Chun .
This is a non-provisional statutory double patenting rejection because the patentably indistinct claims have in fact been patented.
The factual inquiries 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.
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 1, 3-5,7-9, 11-13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii (U.S. Pub. No. 20190261261, hereinafter Ishii) in view of Chen (U.S. Pub. No. 20150009887, hereinafter Chen) and Chun (WO2021029636A1, hereinafter Chun).
For claims 1, 3-5,7-9, 11-13, and 15-19 , Ishii provides an access node (para. 0167) and a computer-readable medium (para. 0169) to teach the structural limitations
Ishii provides radio access nodes (network devices) that are able to combat situations of network congestion (para. 0041);
determining, by the network device based on the analyzing, to update admission control information of an end device;
Ishii provides access nodes (network devices) that are capable of communicating with wireless terminals (UE) and invoke access control based on analyzing network congestion (para. 0055). The access node may additionally generate access control information (update admission control information) for a wireless terminal (end device) (para. 0074) when a service request is prompted for access control information if there is a change in the system information (based on the analyzing) (para. 0066).
Ishii does not explicitly teach "generating, by the network device, an update of the admission control information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class value;"
However, in a similar endeavor, Chen teaches "generating, by the network device, an update of the admission control information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class; and transmitting, by the network device to the end device, the update of the admission control information."
Chen provides a radio access network node which may be an RNC, NodeB or eNB (network device) (para. 0036) that can generate updated access control information (generating, by the network device, an update of the admission control information). Additionally, Chen provides that a radio network RNC may send RRC signaling (transmitting) to a user equipment (network device to the end device) a notification of a change occurred in the access control information and update the access control information according to the RRC signaling (para. 0041). After a UE receives this information, it may be understood that a UE determines an access control value (first access class value) to utilize for barring access (indicates an access class for the end device) (para. 0004). Thus,
It would be a prima facie case of obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ishii with the teachings of Chen to produce a network device capable of generating and updating access control information for transmission in a network congestion system. Doing so would allow for improvements in controlling access and additionally enhance system performance as suggested by Chen (para. 0012).
As discussed herein, Ishii (U.S. Pub. No. 20190261261, hereinafter Ishii) in view of Chen discloses information that is particularly an update of admission control information. However, Ishii in view of Chen does not explicitly teach "information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class. However, in a similar endeavor, it teaches "information that includes a first access class value, which differs from a current access class value of the end device, and reconfigures the end device with the first access class value as a new current access class"
Setting information on the access category may be used by the terminal to determine an access category based on a message the of a SIP message to be transmitted by the terminal (information that includes a first access class value (used for same functionality of an access class) . And additionally, a core network (network device) may transmit a registration acceptance message including configuration information for an operator defined access category to the terminal (first access class value functionally equivalent). After the registration acceptance message is transmitted, the setting information on the operator-defined access category may be transmitted to the terminal (end device)
through a UE configuration update message where the terminal stores the configuration information for an operator-defined access category . Thus,
It would be a prima facie case of obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ishii in view of Chen with the teachings of Chun to provide a network device capable of sending configuration updates and updating the information for a terminal. Doing so would allow for setting information that would be for terminals for access categories where the access category for a terminal is applied for access barring to combat congestion as suggested by Chun .
For claims 3-5,7-8, 11-13, and 15-16 and 18-20 , Ishii (U.S. Pub. No. 20190261261, hereinafter Ishii) also discloses further teaches wherein the first access class value includes a timed access class value, a duration for the timed access class value, and a second access class value to be used when the duration expires;
a time value referred to as "Tbarring" (timed access class value) which is utilized as an access class barring parameter relating to a timer expiration (duration) before allowing connection establishment . An access class barring parameter may be measured for further access attempts after the Tbarring access value expires;
further teaches wherein the update of the admission control information includes a value indicating a total number of access class values supported by the end device;
further teaches wherein the network device is one of a smart card Over-The-Air (OTA) server, a device management (DM) server, or a Lightweight Machine to Machine (LW M2M) server; an access node (network device) that may be a mobility management entity (MME) (device management server) that communicates with wireless terminals in a respective radio access network (para. 0111);
further teaches wherein the first access class value is at least one of a current access class value, a default access class value, or a timed access class value of the end device; a time value provided may be referred to as an access class barring parameter (first access class value) referenced as "Tbarring" relating to a timer expiration (timed access class value) which provides access class barring after the Tbarring access class value expires .
6. 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.
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 2,10, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii (U.S. Pub. No. 20190261261, hereinafter Ishii) in view of Chen (U.S. Pub. No. 20150009887, hereinafter Chen) and Chun (WO2021029636A1, hereinafter Chun) and further in view of Kim ( 20150117185)
Ishii does not explicitly teach "and the method further comprises analyzing, by the network device, historical sensor information associated with end devices; and wherein the determining further comprises determining, by the network device based on the analyzing of the historical sensor information, to update the admission control information of the end device." .
However, in an analogous art in radio access mobility, Kim teaches "and the method further comprises analyzing, by the network device, historical sensor information associated with end devices.
a radio network controller (network device) utilizes a SAPM module that can utilize historical information to help determine prioritizing connections within the RAN for congestion control (para. 0055, Figure 2).
and wherein the determining further comprises determining, by the network device based on the analyzing of the historical sensor information, to update the admission control information of the end device."
While Ishii does provide a network device making decisions to provide specific access class barring parameters based off of corresponding UE, there is not a reliance on historical information. Kim provides an embodiment where they utilize a Service Awareness Priority Module (SAPM) that can utilize historical information to make real-time decisions on RAN communications for corresponding UE (determining, by the network device based on the analyzing of the historical sensor information). The SAPM works with a resource manager in conjunction with a priority list to determine allocation of RAN resources to constantly update control information to combat congestion for corresponding devices (para. 0053-0054). Thus, It would be a prima facie obvious of one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ishii in view of Chen and Chun with the teachings of Kim to utilize control information in order to provide a mechanism to optimize congestion traffic. Doing so would allow for improvements of more efficient usage of RAN communication resources without affecting end-users substantially as suggested by Kim (para. 0067).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Molavianjazi et al. (2025/0365730) is cited to show a system which is considered pertinent to the claimed invention.
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/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476
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