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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim(s) 1-16 rejected under 35 U.S.C. 101 as claiming the same invention as that of claim(s) 1-16 of prior U.S. Patent No. 12,040,946 B2. This is a statutory double patenting rejection.
Claim No.
instant application
(18/774,630)
Conflicting Patent
(US 12,040,946 B2)
Claim No.
1
A method providing decomposition and distribution of network functions, comprising:
A method providing decomposition and distribution of network functions, comprising:
1
decomposing a cellular core network function in a network into a decomposed core network function node including a plurality of virtual machines or containers,
decomposing a cellular core network function in a network into a decomposed core network function node including a plurality of virtual machines or containers,
wherein decomposing is based on function; location; active connections or sessions at various layers in the network; usage; or ability to reconstitute; and
wherein decomposing is based on function; location; active connections or sessions at various layers in the network; usage; or ability to reconstitute; and
moving the decomposed core network function node to any location across the network,
moving the decomposed core network function node to any location across the network,
wherein moving the decomposed core network function node to any location across the network includes moving the decomposed core network function node to at least one of a cell site, to an aggregation site, to an edge site, to a data center site, and to a back office site; and
wherein moving the decomposed core network function node to any location across the network includes moving the decomposed core network function node to at least one of a cell site, to an aggregation site, to an edge site, to a data center site, and to a back office site; and
wherein a single network function is decomposed across multiple sites.
wherein a single network function is decomposed across multiple sites.
2
The method of claim 1
The method of claim 1
2
wherein the decomposed core network function node comprises a gateway node decomposed into a plurality of virtual machines or containers.
wherein the decomposed core network function node comprises a gateway node decomposed into a plurality of virtual machines or containers.
3
The method of claim 1
The method of claim 1
3
further comprising orchestrating the decomposed node using at least one of a virtual machine and a container orchestration scheme.
further comprising orchestrating the decomposed node using at least one of a virtual machine and a container orchestration scheme.
4
The method of claim 1
The method of claim 1
4
further comprising providing internal networking among the virtual machines.
further comprising providing internal networking among the virtual machines.
5
The method of claim 1
The method of claim 1
5
further comprising providing network slicing,
further comprising providing network slicing,
wherein each resource is able to be sliced and enabled to designate portions of resources as belonging to a network slice.
wherein each resource is able to be sliced and enabled to designate portions of resources as belonging to a network slice.
6
The method of claim 5
The method of claim 5
6
further comprising virtualizing an individual slice at any layer of the network.
further comprising virtualizing an individual slice at any layer of the network.
7
The method of claim 5
The method of claim 5
7
further comprising creating a new container to provide a dedicated network function for a particular network slice at a particular deployment location.
further comprising creating a new container to provide a dedicated network function for a particular network slice at a particular deployment location.
8
The method of claim 5
The method of claim 5
8
wherein network slicing includes at least one of vertical network slicing and horizontal network slicing.
wherein network slicing includes at least one of vertical network slicing and horizontal network slicing.
9
A non-transitory computer-readable medium containing instructions for providing decomposition and distribution of network functions which, when executed, cause a system to perform steps comprising:
A non-transitory computer-readable medium containing instructions for providing decomposition and distribution of network functions which, when executed, cause a system to perform steps comprising:
9
decomposing a cellular core network function in a network into a decomposed core network function node including a plurality of virtual machines or containers,
decomposing a cellular core network function in a network into a decomposed core network function node including a plurality of virtual machines or containers,
wherein decomposing is based on function; location; active connections or sessions at various layers in the network; usage; or ability to reconstitute; and
wherein decomposing is based on function; location; active connections or sessions at various layers in the network; usage; or ability to reconstitute; and
moving the decomposed core network function node to any location across the network,
moving the decomposed core network function node to any location across the network,
wherein moving the decomposed core network function node to any location across the network includes moving the decomposed core network function node to at least one of a cell site, to an aggregation site, to an edge site, to a data center site, and to a back office site; and
wherein moving the decomposed core network function node to any location across the network includes moving the decomposed core network function node to at least one of a cell site, to an aggregation site, to an edge site, to a data center site, and to a back office site; and
wherein a single network function is decomposed across multiple sites.
wherein a single network function is decomposed across multiple sites.
10
The computer-readable medium of claim 9
The computer-readable medium of claim 9
10
wherein the decomposed core network function node comprises a gateway node decomposed into a plurality of virtual machines or containers.
wherein the decomposed core network function node comprises a gateway node decomposed into a plurality of virtual machines or containers.
11
The computer-readable medium of claim 9
The computer-readable medium of claim 9
11
further comprising instructions for orchestrating the decomposed node using at least one of a virtual machine and a container orchestration scheme.
further comprising instructions for orchestrating the decomposed node using at least one of a virtual machine and a container orchestration scheme.
12
The computer-readable medium of claim 9
The computer-readable medium of claim 9
12
further comprising instructions providing internal networking among the virtual machines.
further comprising instructions providing internal networking among the virtual machines.
13
The computer-readable medium of claim 9
The computer-readable medium of claim 9
13
further comprising instructions providing network slicing,
further comprising instructions providing network slicing,
wherein each resource is able to be sliced and enabled to designate portions of resources as belonging to a network slice.
wherein each resource is able to be sliced and enabled to designate portions of resources as belonging to a network slice.
14
The computer-readable medium of claim 13
The computer-readable medium of claim 13
14
further comprising instructions virtualizing an individual slice at any layer of the network.
further comprising instructions virtualizing an individual slice at any layer of the network.
15
The computer-readable medium of claim 13
The computer-readable medium of claim 13
15
further comprising instructions creating a new container to provide a dedicated network function for a particular network slice at a particular deployment location.
further comprising instructions creating a new container to provide a dedicated network function for a particular network slice at a particular deployment location.
16
The computer-readable medium of claim 13
The computer-readable medium of claim 13
16
further comprising instructions wherein network slicing includes at least one of vertical network slicing and horizontal network slicing.
further comprising instructions wherein network slicing includes at least one of vertical network slicing and horizontal network slicing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The closest reference found to the instant invention before the effective filing date is Zhou (US 2019/0056972 A1) which is directed to the same field of network virtualization via decomposition of network functions (NFs). Zhou [0019] teaches a method of network virtualization wherein NFs are decomposed and distributed among a plurality of virtual containers and/or hardware nodes, which could be interpreted as a single NF decomposed across multiple sites. Zhou does not teach wherein the decomposition is based on function, location, active connections or sessions, usage, or ability to reconstitute. No art was found that would, alone or in combination with Zhou, teach on this limitation. For at least these reason(s), no prior art rejection was made in light of Zhou despite being in the same field of invention as the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
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 C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412
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