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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/10/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1–5, 7–15, and 17-20 are rejected under 35 U.S.C. §102 as being anticipated by Alasti et al. (WO2023130083A1), hereinafter Alasti.
Regarding Claim 1 – a method comprising:
Alasti discloses identifying unused resources to be temporarily provided by a source guest operator of a plurality of guest operators of a telecommunications network ([0035] “the unused portion of the spectrum resources assigned to another guest operator”; and [0061] “temporarily allocated spectrum resources”;
wherein each guest operator of the plurality of guest operators shares a radio unit provided by a host operator of the telecommunications network ([0011] “a portion of the bandwidth serviced by one or more radio units (RUs) associated with a host provider can be dynamically allocated for use by a ‘guest’ network operator using a provisioning plane”; [0023] “a host operator is able to provide a ‘radio/spectrum as a service’ (R/SaaS) system by dynamically allocating bandwidth on its own radio units for use by one or more guest network operators”; Fig. 1),
identifying at least one destination guest operator of the telecommunications network ([0011] “allocated for use by a ‘guest’ network operator using a provisioning plane”; [0035] “the unused portion of the spectrum resources assigned to another guest operator can be reassigned to another guest operator”);
and temporarily allocating at least a portion of the unused resources to the at least one destination guest operator ([0011] “the provisioning plane then dynamically communicates with the appropriate RUs to create a customized bandwidth allocation for the guest provider at the desired times, locations and/or radio frequencies”; [0061] “temporarily allocated spectrum resources”).
Regarding Claim 2: - Alasti discloses claim 1.
Alasti further discloses identifying the unused resources comprises receiving a request from the source guest operator ([0011] “the guest operator uses the provisioning plane to request available bandwidth on one or more RUs”; [0012] “receiving, at a provisioning plane associated with the data processing system, input data that identifies a desired portion of the spectrum associated with the wireless radio unit for use by one of the guest networks”);
to provide the unused resources ([0012] “the provisioning plane allocating the desired portion of the spectrum associated with the wireless radio unit for exclusive use by the one of the guest networks”);
for an amount of time ([0011] “create a customized bandwidth allocation for the guest provider at the desired times”).
Regarding Claim 3 – Alasti discloses claim 1.
Alasti further discloses identifying the at least one destination guest operator comprises receiving a request from the at least one destination guest operator ([0011] “the guest operator uses the provisioning plane to request available bandwidth on one or more RUs”; [0012] “receiving, at a provisioning plane associated with the data processing system, input data that identifies a desired portion of the spectrum associated with the wireless radio unit for use by one of the guest networks”);
to receive the unused resources ([0012] “the provisioning plane allocating the desired portion of the spectrum associated with the wireless radio unit for exclusive use by the one of the guest networks”);
for an amount of time specified by the source guest operator ( [0011] “the guest operator uses the provisioning plane to request available bandwidth on one or more RUs. If the requested bandwidth is available, the provisioning plane then dynamically communicates with the appropriate RUs to create a customized bandwidth allocation for the guest provider at the desired times”).
Regarding Claim 4 – Alasti discloses claim 1.
Alasti discloses the unused resources comprise unused bandwidth associated with a first bandwidth zone allocated to the source guest operator ([0035] “the unused portion of the spectrum resources assigned to one guest operator can be reassigned to one guest operator can be reassigned to another guest operator”; [0011] “a portion of the bandwidth serviced by one or more radio units (RUs) associated with a host provider can be dynamically allocated for use by a guest network operator using a provisioning plane”;
the at least one destination guest operator is allocated at least a second bandwidth zone ([0012] “the provisioning plane allocating the desired portion of the spectrum (first and second bandwidth) associated with the wireless radio unit for exclusive use by the one of the guest networks”; [0023] “a host operator is able to provide a ‘radio spectrum as a service’ (RSaaS) system by dynamically allocating bandwidth on its own radio units for use by one or more guest network operators”) ;
the first bandwidth zone and the second bandwidth zone are each a respective portion of a total bandwidth provided by the host operator ([0011] “a portion of the bandwidth serviced by one or more radio units (RUs) associated with a host provider”; [0012] “allocate a spectrum that is associated with a wireless radio unit (RU) of the host network amongst a plurality of guest network”; [0023] “dynamically allocating bandwidth on its own radio units for use by one or more guest network operators”).
Regarding Claim 5: Alasti discloses claim 4.
Alasti further discloses a new bandwidth zone defined by the unused bandwidth ([0036] “unused spectrum resources can be reallocated to other guest networks as needed,” and [0035] “the unused portion of the spectrum resources assigned to one guest operator can be reassigned to another guest operator”);
the second bandwidth zone ([0011] “the provisioning plane then dynamically communicates with the appropriate RUs to create a customized bandwidth allocation for the guest provider at the desired times, locations and/or radio frequencies.); is a contiguous bandwidth zone ([0047] “various embodiments may also allow the guest to request contiguous bandwidth”).
Regarding Claim 7: Alasti teaches the method of claim 5.
Alasti further teaches the at least one destination guest operator and the unused bandwidth, ([0035] “the unused portion of the spectrum resources assigned to one guest operator can be reassigned to another guest operator”; further teaches ‘schedules,’ [0035] “the host network may dynamically allocate portions of spectrum according to predetermined schedules or an on-demand basis” and further teaches contiguous bandwidth, paragraph [0047] “various embodiments may also allow the guest to request contiguous bandwidth”),
using contiguous resource scheduling ([0047] “various embodiments may also allow the guest to request contiguous bandwidth”).
Regarding Claim 8: Alasti discloses claim 4.
Alasti further discloses a new bandwidth zone defined by the unused bandwidth, ([0036] “unused spectrum resources can be reallocated to other guest networks as needed”, [0035] “the unused portion of the spectrum resources assigned to one guest operator”);
the second bandwidth zone ( [0011] “the provisioning plane then dynamically communicates with the appropriate RUs to create a customized bandwidth allocation for the guest provider at the desired times, location and/or radio frequencies”) is a non-contiguous bandwidth zone, ([0048] “bandwidth to any guest operator may be non-contiguous, if desired,” and further states “one guest network initially associated with two separate fragments 702 and 705.”)
Regarding Claim 9: Alasti discloses claim 8.
Alasti further discloses wherein the at least one destination guest operator schedules portions of the new bandwidth zone, ([0043] “each guest network autonomously manages and schedules its own physical resource blocks (PRB) over its allocated spectrum”; further “each guest operator designs its own scheduler (e.g., in its own virtual DU) for processing its own network services”).
using non-contiguous resource scheduling, ([0031] “bandwidth to any guest operator may be non-contiguous, if desired”, further “one guest network may be assigned a set of PRBs… bandwidth to any guest operator may be non-contiguous, if desired”).
further illustrates non-contiguous allocation and reassignment of spectrum portions ([0061] “one guest network is initially associated with two sperate fragments 702 and 705” and “each network will generally temporarily re-assign UEs using BWP in the transitioning fragments to other portions of the spectrum.”).
Regarding Claim 10: Alasti discloses claim 8.
Alasti further discloses wherein the at lease destination guest operator schedules portions of the new bandwidth zone, ([0043] “each guest network autonomously managers and schedules its own physical resource blocks (PRB) over its allocated spectrum”, further “each guest operator designs its own scheduler (e.g., in its own virtual DU) for processing its own network services”)
to respective groups of devices of the at least one destination guest operator ([0012] “amongst a plurality of guest networks each independently delivering one or more network services to user equipment (UE) associated with that guest network” and “allocating the desired portion of the spectrum… for exclusive use by the one of the guest networks”).
using contiguous resource scheduling, ([0047] “various embodiments may also allow the guest to request contiguous bandwidth”).
Regarding Claims [11–15 and 17-20] “System” are rejected under the same reasoning as claims [1–5 and 7-10] “Method”, where Alasti teaches a host/guest network resource allocation system using radio units (RUs), guest network operators, and dynamic spectrum allocation (see e.g., Alasti [0011], [0023]).
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.
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 non-obviousness.
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.
Claims 6 and 16 are rejected under 35 U.S.C. §103 as being unpatentable over Alasti in view of Damnjanovic et al. (US20230254702A1), hereinafter Damnjanovic.
Regarding Claim 6: Alasti teaches the method of claim 5.
Alasti further teaches the new bandwidth zone, ([0011] “the provisioning plane then dynamically communicates with the appropriate RUs to create a customized bandwidth allocation for the guest provider at the desired times, locations and/or radio frequencies”); physical resource blocks, ([0031] “the provisioning plane 105 identifies the allocated spectrum on each RU 115 according to physical resource blocks (PRBs)”; and further teaches contiguous bandwidth, ([0047] “various embodiments may also allow the guest to request contiguous bandwidth.”)
Alasti does not explicitly teach wherein the new bandwidth zone is defined by a sequence of contiguous physical resource blocks.
Damnjanovic teaches wherein the new bandwidth zone is defined by a sequence of contiguous physical resource blocks ([0034] “the slice-RB resource allocation can reserve a set of consecutive RBs for a network slice” and “the slice-RB resource allocation can reserve a set of consecutive RBs in a time-frequency resource grid”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Alasti with the teachings of Damnjanovic. Motivation for combining Damnjanovic teaching into Alasti would have been improving utilization of available resources (Damnjanovic [0006]).
Regarding Claim [16] “System” is rejected under the same reasoning as claim [6] “Method”, where Alasti teaches guest operator bandwidth allocation and Damnjanovic teaches resource-block allocation scheduling including reservation of consecutive RBs (Damnjanovic [0034]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASAN CHEEMA whose telephone number is (571)272-8722. The examiner can normally be reached Mon-Fri 8:00-5:00 EST. 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, Ayman Abaza can be reached at (571) 270-0422. 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.
/H.A.C./Examiner, Art Unit 2465 /AYMAN A ABAZA/Primary Examiner, Art Unit 2465
Prosecution Insights