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 .
DETAILED ACTION
This office action is in response to the application filed on 07/31/2024.
Claims 1-20 are currently pending.
Claims 1-20 are rejected.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-11, 13-17, 19-20 of U.S. Patent No. 12089085 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because each other because independent claims 1, 10, 16 of the instant application merely broaden the scope of claims 1, 8, 13 of U.S. Patent No. 12089085 B2 by omitting limitations, such as in response to the first comparison result being that the resource value does not exceed the dedicated guaranteed bitrate admission control threshold, permitting, by the network equipment, admission of a guaranteed bitrate bearer for the requested service from the first pool of network resources.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in U.S. Patent No. 12089085 B2 (reference application).
Claim # in Instant Application
( 18789801 )
Claim # in in U.S. Patent No. 12089085 B2
[Claim 1] A method, comprising: comparing, by network equipment comprising a processor, a resource value associated with a requested service to a dedicated guaranteed bitrate admission control threshold for a first pool of network resources that is exclusive to the requested service, resulting in a first comparison result, wherein the requested service is requested by user equipment, wherein the first pool of network resources is distinct from a second pool of network resources that is common to a group of network services that comprises the requested service and at least one non-requested service, and wherein the dedicated guaranteed bitrate admission control threshold for the requested service is defined based on an individual guaranteed bitrate admission control threshold and a statistical multiplexing factor associated with the requested service; in response to the first comparison result being that the resource value exceeds the dedicated guaranteed bitrate admission control threshold, comparing, by the network equipment, the resource value to a common guaranteed bitrate admission control threshold for the second pool of network resources, resulting in a second comparison result; and in response to the second comparison result being that the resource value does not exceed the common guaranteed bitrate admission control threshold, permitting, by the network equipment, admission of a guaranteed bitrate bearer for the requested service from the second pool of network resources.
A method, comprising: comparing, by network equipment comprising a processor, a resource value associated with a requested service to a dedicated guaranteed bitrate admission control threshold for a first pool of network resources that is exclusive to the requested service, resulting in a first comparison result, wherein the requested service is requested by user equipment, and wherein the first pool of network resources is distinct from a second pool of network resources that is common to a group of network services that comprises the requested service and at least one non-requested service; and in response to the first comparison result being that the resource value does not exceed the dedicated guaranteed bitrate admission control threshold, permitting, by the network equipment, admission of a guaranteed bitrate bearer for the requested service from the first pool of network resources, wherein the dedicated guaranteed bitrate admission control threshold for the requested service in the group of network services is defined based on an individual guaranteed bitrate admission control threshold and a statistical multiplexing factor associated with the requested service.
2. The method of claim 1, further comprising: in response to the first comparison result being that the resource value exceeds the dedicated guaranteed bitrate admission control threshold, comparing, by the network equipment, the resource value to a common guaranteed bitrate admission control threshold for the second pool of network resources, resulting in a second comparison result.
2
1
4
4
5
5
6
6
7
7
8
8
9
9
10
10+11
11
10
13
13
14
14
15
15
16
16+17
17
16
19
19
20
20
Claims 3, 12, 18 are also rejected for depending from rejected base claims.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-5 of Patent No. US 10993137 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because each other because independent claim 1 of the instant application merely broadens the scope of claim 1 of Patent No. US 10993137 B2 by omitting limitations, such as in response to the first comparison result being that the resource value does not exceed the dedicated guaranteed bitrate admission control threshold, permitting, by the network equipment, admission of a guaranteed bitrate bearer for the requested service from the second pool of network resources.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in Patent No. US 10993137 B2 (reference application).
Claim # in Instant Application
( 18789801 )
Claim # in in Patent No. US 10993137 B2
[Claim 1] A method, comprising: comparing, by network equipment comprising a processor, a resource value associated with a requested service to a dedicated guaranteed bitrate admission control threshold for a first pool of network resources that is exclusive to the requested service, resulting in a first comparison result, wherein the requested service is requested by user equipment, wherein the first pool of network resources is distinct from a second pool of network resources that is common to a group of network services that comprises the requested service and at least one non-requested service, and wherein the dedicated guaranteed bitrate admission control threshold for the requested service is defined based on an individual guaranteed bitrate admission control threshold and a statistical multiplexing factor associated with the requested service; in response to the first comparison result being that the resource value exceeds the dedicated guaranteed bitrate admission control threshold, comparing, by the network equipment, the resource value to a common guaranteed bitrate admission control threshold for the second pool of network resources, resulting in a second comparison result; and in response to the second comparison result being that the resource value does not exceed the common guaranteed bitrate admission control threshold, permitting, by the network equipment, admission of a guaranteed bitrate bearer for the requested service from the second pool of network resources.
1. A method, comprising: generating, by network equipment comprising a processor, quality data representative of a quality of service for a requested service that is requested by a mobile device; assigning, by the network equipment, a common guaranteed bitrate admission control threshold for a first pool of network resources that are common to a group of network services that comprises the requested service; based on the quality data, comparing, by the network equipment, a resource value associated with the requested service to a dedicated guaranteed bitrate admission control threshold for a second pool of network resources that are exclusive to the requested service, resulting in a first comparison result, wherein the second pool of network resources is distinct from the first pool of network resources; in response to the first comparison result being that the resource value does not exceed the dedicated guaranteed bitrate admission control threshold, permitting, by the network equipment, admission of a guaranteed bitrate bearer for the requested service from the second pool of network resources; and in response to the first comparison result being that the resource value exceeds the dedicated guaranteed bitrate admission control threshold, comparing, by the network equipment, the resource value to the common guaranteed bitrate admission control threshold, resulting in a second comparison result.
2. The method of claim 1, further comprising: in response to the second comparison result being that the resource value does not exceed the common guaranteed bitrate admission control threshold, permitting, by the network equipment, admission of the guaranteed bitrate bearer for the requested service from the first pool of network resources.
2
1
7
4
8
5
Claims 3-6, 9 are also rejected for depending from a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al (US 20120002541 A1) pertains to a device receives available capacity and used capacity associated with a network, receives a connection request from a user device in the network, and receives a maximum capacity threshold associated with the network. The device calculates a minimum capacity threshold and a medium capacity threshold, associated with the network, based on the maximum capacity threshold. The device also determines whether to admit or deny the connection request based on the available capacity, the used capacity, the minimum capacity threshold, the medium capacity threshold, and the maximum capacity threshold. The device further allocates, when the connection request is to be admitted and based on resource availability associated with the network, a particular bit rate, for a particular quality of service (QoS) class, to the connection request.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A KAMARA whose telephone number is (571)2705629. The examiner can normally be reached M-F 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES JIANG can be reached at (571)2707191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED A KAMARA/Primary Examiner, Art Unit 2412
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