CTNF 18/786,326 CTNF 80319 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 July 26, 2024 has been considered by the Examiner and made of record in the application file. Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-01 Claims 1, 8 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claims recite “ subsequently signaling the first partitioning configuration and the second partitioning configuration using NETCONF-based transport of a YANG-defined data model .” The closest disclosure, the originally filed claim 7 of the parent application 17/532,410, filed November 22, 2024 (now Patent 12,127,042) recite “ wherein the first partitioning configuration is signaled using NETCONF-based transport of a Yet Another Next Generation-defined (YANG-defined) data model .” However, no disclosure of “ subsequently signaling the first partitioning configuration and the second partitioning configuration using NETCONF-based transport of a YANG-defined data model.” To overcome this rejection, Applicant is welcomed to provide support from the specification. Claims 2-7, 9-14, and 16-20 are rejected as being dependent upon rejected claims 1,8 and 15. Double Patenting 08-33 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 § 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. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1- 8, 12, 14 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 13, 8, 2, 12, 5, 14, 15, 18 and 19 respectively of Patent 12,127,042 in view of A et al. ( US 10,516,761 ). Application 18/786,326 Patent 12,127,042 Note: 1. A method for validating and committing a shared O-RU configuration, the method comprising: receiving, by a shared Open Radio Access Network (O-RAN) resource operator, a first partitioning configuration from a first tenant operator; receiving, by the shared O-RAN resource operator, a second partitioning configuration from a second tenant operator; confirming, by the shared O-RAN resource operator, that the first partitioning configuration from the first tenant operator is conformant to a first out of band agreement and that the second partitioning configuration from the second tenant operator is conformant to a second out of band agreement; distinguishing, by the shared O-RAN resource operator, a first access privilege level for the first tenant operator and a second access privilege level for the second tenant operator; and after the confirming that the first partitioning configuration and the second partitioning configuration is conformant, committing the first partitioning configuration from the first tenant operator and the second partitioning configuration from the second tenant operator to a shared O-RAN resource configured by the shared O-RAN resource operator that implements the first access privilege level for the first tenant operator and the second access privilege level for the second tenant operator based on a first tenant ID and a second tenant ID, respectively, wherein the committing is performed by the shared O-RAN resource operator first generating a composite configuration for the shared O-RAN resource including common and tenant-specific configurations, 1. A method for validating and committing a shared O-RU configuration, the method comprising: receiving, by a shared Open Radio Access Network (O-RAN) resource operator, a first partitioning configuration from a first tenant operator; receiving, by the shared O-RAN resource operator, a second partitioning configuration from a second tenant operator; confirming, by the shared O-RAN resource operator, that the first partitioning configuration from the first tenant operator is conformant to a first out of band agreement and that the second partitioning configuration from the second tenant operator is conformant to a second out of band agreement; distinguishing, by the shared O-RAN resource operator, a first access privilege level for the first tenant operator and a second access privilege level for the second tenant operator; and after the confirming that the first partitioning configuration and the second partitioning configuration is conformant, committing the first partitioning configuration from the first tenant operator and the second partitioning configuration from the second tenant operator to a shared O-RAN resource configured by the shared O-RAN resource operator that implements the first access privilege level for the first tenant operator and the second access privilege level for the second tenant operator based on a first tenant ID and a second tenant ID, respectively, wherein the committing is performed by the shared O-RAN resource operator first generating a composite configuration for the shared O-RAN resource including common and tenant-specific configurations, The same (anticipated). and subsequently using a separate config-status schema-node by the shared O-RAN resource operator to indicate to the first and second tenant operators when the first and second partitioning configurations have been committed to the shared O-RAN resource. Additional limitations. and subsequently signaling the first partitioning configuration and the second partitioning configuration using Network Configuration Protocol (NETCONF)-based transport of a Yet Another Next Generation-defined (YANG-defined) data model. A et al teaches the limitations – see column 5, lines 1-22 and 36-40. 2. The method of claim 1, wherein the shared O-RAN resource operator implements a NETCONF server, wherein the NETCONF server receives the first partitioning configuration from the first tenant operator and requires the first partitioning configuration to be validated by the shared O-RAN resource operator before the first partitioning configuration is committed to the shared O-RAN resource. 3. The method of claim 1, wherein the YANG-defined data model for the shared O-RAN resource includes a list that includes at least one of a shared resource identity, one or more tenant identities, and a configuration status of each tenant associated with the one or more tenant identities, respectively. 4. The method of claim 1, further comprising: provisioning a tenant account and a tenant NETCONF client at the shared O-RAN resource operator, wherein a configuration status is not specified for the tenant account at a NETCONF server; and after the provisioning and before the receiving the first partitioning configuration, establishing a NETCONF session. 5. The method of claim 1, further comprising: receiving a commit operation validation request along with the first partitioning configuration; and sending a commit operation validation to the first tenant operator, the commit operation validation informing that the first partitioning configuration has been committed on the shared O-RAN resource operator. 6. The method of claim 1, wherein the first partitioning configuration of the shared O-RAN resource is modeled using a schema mount operation. 7. The method of claim 1, wherein the first partitioning configuration requires radiating within a set spectrum while operating the shared O-RAN resource. 11. The method of claim 7, wherein the shared O-RAN resource operator implements a Network Configuration Protocol (NETCONF) server, wherein the NETCONF server receives the first partitioning configuration from the first tenant operator and requires the first partitioning configuration to be validated by the shared O-RAN resource operator before the first partitioning configuration is committed to the shared O-RAN resource. 13. The method of claim 11, where the YANG-defined data model for the shared O-RAN resource includes a list that includes at least one of a shared resource identity, one or more tenant identities, and a configuration status of each tenant associated with the one or more tenant identities, respectively. 8. The method of claim 7, further comprising: provisioning a tenant account and a tenant NETCONF client at the shared O-RAN resource operator, wherein a configuration status is not specified for the tenant account at a NETCONF server; and after the provisioning and before the receiving the first partitioning configuration, establishing a NETCONF session. 2. The method of claim 1, the method further comprising: receiving a commit operation validation request along with the first partitioning configuration; and sending a commit operation validation to the first tenant operator, the commit operation validation informing that the first partitioning configuration has been committed on the shared O-RAN resource operator. 12. The method of claim 11, where the first partitioning configuration of the shared O-RAN resource is modeled using a schema mount operation. 5. The method of claim 1, wherein the first partitioning configuration requires radiating within a set spectrum while operating the shared O-RAN resource. The same (anticipated). 8. A system for validating and committing a shared O-RU configuration, comprising: a storage configured to store instructions; and a processor configured to execute the instructions and cause the processor to: receive, by a shared O-RAN resource operator, a first partitioning configuration from a first tenant operator; receive, by the shared O-RAN resource operator, a second partitioning configuration from a second tenant operator; confirm, by the shared O-RAN resource operator, that the first partitioning configuration from the first tenant operator is conformant to a first out of band agreement and that the second partitioning configuration from the second tenant operator is conformant to a second out of band agreement; distinguish, by the shared O-RAN resource operator, a first access privilege level for the first tenant operator and a second access privilege level for the second tenant operator; and after the confirming that the first partitioning configuration and the second partitioning configuration is conformant, committing the first partitioning configuration from the first tenant operator and the second partitioning configuration from the second tenant operator to a shared O-RAN resource configured by the shared O-RAN resource operator that implements the first access privilege level for the first tenant operator and the second access privilege level for the second tenant operator based on a first tenant ID and a second tenant ID, respectively, wherein the committing is performed by the shared O-RAN resource operator first generating a composite configuration for the shared O-RAN resource including common and tenant-specific configurations, and 14. A system for validating and committing a shared O-RU configuration, comprising: a storage configured to store instructions; and a processor configured to execute the instructions and cause the processor to: receive, by a shared Open Radio Access Network (O-RAN) resource operator, a first partitioning configuration from a first tenant operator; receive, by the shared O-RAN resource operator, a second partitioning configuration from a second tenant operator; confirm, by the shared O-RAN resource operator, that the first partitioning configuration from the first tenant operator is conformant to a first out of band agreement and that the second partitioning configuration from the second tenant operator is conformant to a second out of band agreement; distinguish, by the shared O-RAN resource operator, a first access privilege level for the first tenant operator and a second access privilege level for the second tenant operator; and after the confirming that the first partitioning configuration and the second partitioning configuration is conformant, commit the first partitioning configuration from the first tenant operator and the second partitioning configuration from the second tenant operator to a shared O-RAN resource configured by the shared O-RAN resource operator that implements the first access privilege level for the first tenant operator and the second access privilege level for the second tenant operator based on a first tenant ID and a second tenant ID, respectively, wherein the committing is performed by the shared O-RAN resource operator first generating a composite configuration for the shared O-RAN resource including common and tenant-specific configurations, and The same (anticipated). subsequently using a separate config-status schema-node by the shared O-RAN resource operator to indicate to the first and second tenant operators when the first and second partitioning configurations have been committed to the shared O-RAN resource . Additional limitations. subsequently signaling the first partitioning configuration and the second partitioning configuration using NETCONF-based transport of a YANG-defined data model. A et al teaches the limitations – see column 5, lines 1-22 and 36-40. 12. The system of claim 8, wherein the processor is configured to execute the instructions and cause the processor to: receive a commit operation validation request along with the first partitioning configuration; and send a commit operation validation to the first tenant operator, the commit operation validation informing that the first partitioning configuration has been committed on the shared O-RAN resource operator. 14. The system of claim 8, wherein the first partitioning configuration requires radiating within a set spectrum while operating the shared O-RAN resource. 15. The system of claim 14, wherein the processor is configured to execute the instructions and cause the processor to: receive a commit operation validation request along with the first partitioning configuration; and send a commit operation validation to the first tenant operator, the commit operation validation informing that the first partitioning configuration has been committed on the shared O-RAN resource operator. 18. The system of claim 14, wherein the first partitioning configuration requires radiating within a set spectrum while operating the shared O-RAN resource. The same (anticipated). 15. A non-transitory computer-readable medium comprising instructions that, when executed by a computing system, cause the computing system to: receive, by a shared O-RAN resource operator, a first partitioning configuration from a first tenant operator; receive, by the shared O-RAN resource operator, a second partitioning configuration from a second tenant operator; confirm, by the shared O-RAN resource operator, that the first partitioning configuration from the first tenant operator is conformant to a first out of band agreement and that the second partitioning configuration from the second tenant operator is conformant to a second out of band agreement; distinguish, by the shared O-RAN resource operator, a first access privilege level for the first tenant operator and a second access privilege level for the second tenant operator; and after the confirming that the first partitioning configuration and the second partitioning configuration is conformant, committing the first partitioning configuration from the first tenant operator and the second partitioning configuration from the second tenant operator to a shared O-RAN resource configured by the shared O-RAN resource operator that implements the first access privilege level for the first tenant operator and the second access privilege level for the second tenant operator based on a first tenant ID and a second tenant ID, respectively, wherein the committing is performed by the shared O-RAN resource operator first generating a composite configuration for the shared O-RAN resource including common and tenant-specific configurations, and 19. A non-transitory computer readable medium comprising instructions, the instructions, when executed by a computing system, cause the computing system to: receive, by a shared Open Radio Access Network (O-RAN) resource operator, a first partitioning configuration from a first tenant operator; receive, by the shared O-RAN resource operator, a second partitioning configuration from a second tenant operator; confirm, by the shared O-RAN resource operator, that the first partitioning configuration from the first tenant operator is conformant to a first out of band agreement and that the second partitioning configuration from the second tenant operator is conformant to a second out of band agreement; distinguishing, by the shared O-RAN resource operator, a first access privilege level for the first tenant operator and a second access privilege level for the second tenant operator; and after the confirming that the first partitioning configuration and the second partitioning configuration is conformant, commit the first partitioning configuration from the first tenant operator and the second partitioning configuration from the second tenant operator to a shared O-RAN resource configured by the shared O-RAN resource operator that implements the first access privilege level for the first tenant operator and the second access privilege level for the second tenant operator based on a first tenant ID and a second tenant ID, respectively, wherein the committing is performed by the shared O-RAN resource operator first generating a composite configuration for the shared O-RAN resource including common and tenant-specific configurations, and The same (anticipated). s ubsequently using a separate config-status schema-node by the shared O-RAN resource operator to indicate to the first and second tenant operators when the first and second partitioning configurations have been committed to the shared O-RAN resource. Additional limitations. subsequently signaling the first partitioning configuration and the second partitioning configuration using NETCONF-based transport of a YANG-defined data model. A et al teaches the limitations – see column 5, lines 1-22 and 36-40. The claims of Patent 12,127,042 do not teach the limitations subsequently signaling the first partitioning configuration and the second partitioning configuration using NETCONF-based transport of a YANG-defined data model , as claimed by claims 1, 8 and 15 of the present Application. However, A et al. teaches subsequently signaling the first partitioning configuration and the second partitioning configuration using NETCONF-based transport of a YANG-defined data model (FIG. 1 shows Administrators 12 in communication with Management Device 10. Column 5, lines 1-22 “Administrators 12 uses management device 10 to configure elements 14 to specify certain operational characteristics that further the objectives of administrators 12. For example, administrators 12 may specify for an element 14 a particular operational policy regarding security, device accessibility, traffic engineering, quality of service (QoS), network address translation (NAT), packet filtering, packet forwarding, rate limiting, or other policies. Management device 10 uses one or more network management protocols designed for management of configuration data within managed network elements 14, such as the SNMP protocol or the Network Configuration Protocol (NETCONF) protocol or a derivative thereof, such as the Juniper Device Management Interface, to perform the configuration.” Column 5, 36-40 “Either or both of high-level configuration data and low-level configuration data may be expressed in Yang, which is described in Bjorklund, “ Yang—A Data Modeling Language for the Network Configuration Protocol (NETCONF) .” Note: Since, “Administrators 12” – note the plural form of Administrators - it is understood operational characteristics specified by Administrators 12 teach claimed first and second partitioning configuration ). It would have been obvious to a person having ordinary skill in the art to include the feature taught by A et al in Patent 12,127,042 to facilitate translating high level configuration information to low-level device configuration information. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sambandan et al. (US 2021/0297508) teaches RAN system including RAN interfaces defined by O-RAN Alliance ([0022]). “the SDN-R 122 can send a NETCONF RPC specifying that a NETCONF “edit-config” operation be performed in order to change one or more configuration parameters of the controller 104… the NETCONF server 150 creates a NETCONF “candidate” datastore in the data persistence database 142 for the controller 104 if one has not already been created (by copying the current NETCONF running datastore maintained by the NETCONF server 150 in the data persistence database 142 for the controller 104) and edit the NETCONF candidate datastore by changing one or more configuration parameters specified in the received NETCONF RPC” ([0067]). Miedema et al. (US 2022/0294692) teaches method and system for editing configuration data. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOC THAI NGOC VU whose telephone number is (571)270-5901. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /QUOC THAI N VU/Primary Examiner, Art Unit 2642 Application/Control Number: 18/786,326 Page 2 Art Unit: 2642 Application/Control Number: 18/786,326 Page 3 Art Unit: 2642 Application/Control Number: 18/786,326 Page 4 Art Unit: 2642 Application/Control Number: 18/786,326 Page 5 Art Unit: 2642 Application/Control Number: 18/786,326 Page 6 Art Unit: 2642 Application/Control Number: 18/786,326 Page 7 Art Unit: 2642 Application/Control Number: 18/786,326 Page 8 Art Unit: 2642 Application/Control Number: 18/786,326 Page 9 Art Unit: 2642 Application/Control Number: 18/786,326 Page 10 Art Unit: 2642 Application/Control Number: 18/786,326 Page 11 Art Unit: 2642 Application/Control Number: 18/786,326 Page 12 Art Unit: 2642 Application/Control Number: 18/786,326 Page 13 Art Unit: 2642 Application/Control Number: 18/786,326 Page 14 Art Unit: 2642 Application/Control Number: 18/786,326 Page 15 Art Unit: 2642 Application/Control Number: 18/786,326 Page 16 Art Unit: 2642 Application/Control Number: 18/786,326 Page 17 Art Unit: 2642 Application/Control Number: 18/786,326 Page 18 Art Unit: 2642 Application/Control Number: 18/786,326 Page 19 Art Unit: 2642 Application/Control Number: 18/786,326 Page 20 Art Unit: 2642 Application/Control Number: 18/786,326 Page 21 Art Unit: 2642 Application/Control Number: 18/786,326 Page 22 Art Unit: 2642 Application/Control Number: 18/786,326 Page 23 Art Unit: 2642 Application/Control Number: 18/786,326 Page 24 Art Unit: 2642 Application/Control Number: 18/786,326 Page 25 Art Unit: 2642 Application/Control Number: 18/786,326 Page 26 Art Unit: 2642 Application/Control Number: 18/786,326 Page 27 Art Unit: 2642 Application/Control Number: 18/786,326 Page 28 Art Unit: 2642 Application/Control Number: 18/786,326 Page 29 Art Unit: 2642 Application/Control Number: 18/786,326 Page 30 Art Unit: 2642 Application/Control Number: 18/786,326 Page 31 Art Unit: 2642 Application/Control Number: 18/786,326 Page 32 Art Unit: 2642 Application/Control Number: 18/786,326 Page 33 Art Unit: 2642 Application/Control Number: 18/786,326 Page 34 Art Unit: 2642 Application/Control Number: 18/786,326 Page 35 Art Unit: 2642 Application/Control Number: 18/786,326 Page 36 Art Unit: 2642 Application/Control Number: 18/786,326 Page 37 Art Unit: 2642 Application/Control Number: 18/786,326 Page 38 Art Unit: 2642 Application/Control Number: 18/786,326 Page 39 Art Unit: 2642
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