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 .
This office action is in response to the amendment filed on 08/18/2026. Claims 1, 11-21, 31-40 are pending in this application and have been considered below.
Response to Amendment
Applicant's arguments with respect to claims 1, 11-21, 31-40 have been considered but are moot in view of the new ground(s) of rejection because of the amendment changes the scope of the invention.
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.
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Claims 1, 11-21, 31-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 12041469. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in patent 12041469 anticipated the claims of the instant application as shown in the table below.
Instant application
Patent 12041469
1. A method performed by a non-real time radio access network intelligent controller (NonRT-RIC) network node, the method comprising: obtaining data for improving radio resource management (RRM) of a radio access network (RAN); and transmitting an Al interface message to a near real time radio access network intelligent controller (NearRT-RIC), the Al interface message comprising one or more enrichment information (EI) elements based on the obtained data, wherein each of the one or more El elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the El element, and the enrichment data.
1. A method performed by a non-real time radio access network intelligent controller (NonRT-RIC) network node, the method comprising: obtaining data for improving radio resource management (RRM) of a radio access network (RAN); building an A1 interface message comprising one or more enrichment information (EI) elements based on the obtained data, wherein each of the one or more EI elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the EI element, and the enrichment data; and transmitting the A1 interface message to a near real time radio access network intelligent controller (NearRT-RIC).
11. A non-real time radio access network intelligent controller (NonRT-RIC) network node comprising processing circuitry operable to: obtain data for improving radio resource management (RRM) of a radio access network (RAN); and transmit an Al interface message to a near real time radio access network intelligent controller (NearRT-RIC) , the Al interface message comprising one or more enrichment information (EI) elements based on the obtained data, wherein each of the one or more EI elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the EI element, and the enrichment data.
2. A non-real time radio access network intelligent controller (NonRT-RIC) network node comprising processing circuitry operable to: obtain data for improving radio resource management (RRM) of a radio access network (RAN); build an A1 interface message comprising one or more enrichment information (EI) elements based on the obtained data, wherein each of the one or more EI elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the EI element, and the enrichment data; and transmit the A1 interface message to a near real time radio access network intelligent controller (NearRT-RIC).
12. The network node of claim 11, wherein the enrichment data comprises an enterprise policy to be applied to the RAN.
3. The network node of claim 1, wherein the enrichment data comprises an enterprise policy to be applied to the RAN.
13. The network node of claim 11, wherein the enrichment data comprises a device profile.
4. The network node of claim 2, wherein the enrichment data comprises a device profile.
14. The network node of claim 11, wherein the enrichment data comprises weather information.
5. The network node of claim 2, wherein the enrichment data comprises weather information.
15. The network node of claim 11, wherein the enrichment data comprises Internet-of-Things (IoT) device data.
6. The network node of claim 2, wherein the enrichment data comprises Internet-of-Things (IoT) device data.
16. The network node of claim 15, wherein the IoT device data comprises one or more of a drone description, smart meter data, and connected car data.
7. The network node of claim 6, wherein the IoT device data comprises one or more of a drone description, smart meter data, and connected car data.
17. The network node of claim 11, wherein the processing circuitry is operable to obtain data for improving RRM of the RAN comprises by obtaining location information from a first responder network, and wherein the enrichment data comprises service assurance policy information for one or more wireless devices to adjust a quality of experience (QoE) value for the one or more wireless devices.
8. The network node of claim 2, wherein the processing circuitry is operable to obtain data for improving RRM of the RAN comprises by obtaining location information from a first responder network, and wherein the enrichment data comprises service assurance policy information for one or more wireless devices to adjust a quality of experience (QoE) value for the one or more wireless devices.
18. The network node of claim 11, wherein the processing circuitry is operable to obtain data for improving RRM of the RAN by obtaining one or more of data representing geographical zones where drones are not allowed to fly and data representing mobility predictions for one or more drones, and wherein the enrichment data comprises an indication to disconnect one or more drones from the RAN.
9. The network node of claim 2, wherein the processing circuitry is operable to obtain data for improving RRM of the RAN by obtaining one or more of data representing geographical zones where drones are not allowed to fly and data representing mobility predictions for one or more drones, and wherein the enrichment data comprises an indication to disconnect one or more drones from the RAN.
19. The network node of claim 11, wherein the NonRT-RIC network node comprises one or more rAPPs.
10. The network node of claim 2, wherein the NonRT-RIC network node comprises one or more rAPPs.
20. The network node of claim 11, wherein the NearRT-RIC network node comprises one or more xAPPs.
11. The network node of claim 2, wherein the NearRT-RIC network node comprises one or more xAPPs.
21. A method performed by a near real time radio access network intelligent controller (NearRT-RIC) network node, the method comprising: receiving an A1 interface message from a non real time radio access network intelligent controller (NonRT-RIC) network node, the A1 message comprising one or more enrichment information (EI) elements, wherein each of the one or more EI elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the EI element, and the enrichment data; and performing a radio access network (RAN) function based on the one or more EI elements.
12. A method performed by a near real time radio access network intelligent controller (NearRT-RIC) network node, the method comprising: receiving an A1 interface message from a non real time radio access network intelligent controller (NonRT-RIC) network node, the A1 message comprising one or more enrichment information (EI) elements, wherein each of the one or more EI elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the EI element, and the enrichment data; and performing radio resource management (RRM) for a radio access network (RAN) based on the one or more EI elements.
31. A near real time radio access network intelligent controller (NearRT-RIC) network node comprising processing circuitry operable to: receive an A1 interface message from a non real time radio access network intelligent controller (NonRT-RIC) network node, the A1 message comprising one or more enrichment information (EI) elements, wherein each of the one or more EI elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the EI element, and the enrichment data; and perform a radio access network (RAN) function based on the one or more EI elements.
13. A near real time radio access network intelligent controller (NearRT-RIC) network node comprising processing circuitry operable to: receive an A1 interface message from a non real time radio access network intelligent controller (NonRT-RIC) network node, the A1 message comprising one or more enrichment information (EI) elements, wherein each of the one or more EI elements comprises an identifier of one or more wireless devices, a type indicator indicating a type of enrichment data included in the EI element, and the enrichment data; and perform radio resource management (RRM) for a radio access network (RAN) based on the one or more EI elements.
32. The network node of claim 31, wherein the enrichment data comprises an enterprise policy to be applied to the RAN.
14. The network node of claim 13, wherein the enrichment data comprises an enterprise policy to be applied to the RAN.
33. The network node of claim 31, wherein the enrichment data comprises a device profile.
15. The network node of claim 13, wherein the enrichment data comprises a device profile.
34. The network node of claim 31, wherein the enrichment data comprises weather information.
16. The network node of claim 13, wherein the enrichment data comprises weather information.
35. The network node of claim 31, wherein the enrichment data comprises Internet-of-Things (IoT) device data.
17. The network node of claim 13, wherein the enrichment data comprises Internet-of-Things (IoT) device data.
36. The network node of claim 35, wherein the IoT device data comprises one or more of a drone description, smart meter data, and connected car data.
18. The network node of claim 17, wherein the IoT device data comprises one or more of a drone description, smart meter data, and connected car data.
37. The network node of claim 31, wherein the enrichment data is based on location information from a first responder network, and wherein the processing circuitry is operable to perform RRM by adjusting a quality of experience (QoE) value for the one or more wireless devices.
19. The network node of claim 13, wherein the enrichment data is based on location information from a first responder network, and wherein the processing circuitry is operable to perform RRM by adjusting a quality of experience (QoE) value for the one or more wireless devices.
38. The network node of claim 31, wherein the enrichment data comprises an indication to disconnect one or more drones from the RAN, and wherein the processing circuitry is operable to perform RRM by disconnecting one or more drones from the RAN.
20. The network node of claim 13, wherein the enrichment data comprises an indication to disconnect one or more drones from the RAN, and wherein the processing circuitry is operable to perform RRM by disconnecting one or more drones from the RAN.
39. The network node of claim 31, wherein the NonRT-RIC network node comprises one or more rAPPs.
21. The network node of claim 13, wherein the NonRT-RIC network node comprises one or more rAPPs.
40. The network node of claim 31, wherein the NearRT-RIC network node comprises one or more xAPPs.
22. The network node of claim 13, wherein the NearRT-RIC network node comprises one or more xAPPs.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH T LAM whose telephone number is (571)270-1862. The examiner can normally be reached M-F 8:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S. Wang can be reached at (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH T LAM/Primary Examiner, Art Unit 2631
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