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 .
Claims 1-27 are pending.
Claim Objections
Claims 1-27 are objected to because of the following informalities:
Claims 1, 9, and 20 recite “An apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to perform:”. Please insert a colon ":" after comprising so that a processor and memory are in the body of the claim.
Claims 3, 5, and 14 recite "/", for example and/or. For clarity and consistency, it is suggested to use the word “or” instead of a symbol slash “/”.
Claims 25, 26, and 27 recite “A method comprising:”.
Claims 25, 26, and 27 are objected to for clarification purpose because the preamble should specify the hardware or device performing the steps. Please amend the preamble to identify the physical apparatus (e.g. a user equipment or a base station) to ensure the method claim is clearly defined.
Claims 2-8 and 24 are depending on claim 1 and therefore they are also objected. Claims 10-19 are depending on claim 9 and therefore they are also objected. Claims 21-23 are depending on claim 20 and therefore they are also objected.
Appropriate correction is required.
CLAIM INTERPRETATION
Statement of Statutory Basis, pre-AIA 35 U.S.C. 112, sixth paragraph
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
Claim 10 recites “means for determining whether to accept the proposal or not by verifying the proposal” is being treated in accordance with 112(f) because
(1) the claim limitation uses the phrase “means for”
(2) the “means for” modified by functional language
(3) the phrase “means for” is not modified by sufficient structure, material or acts for achieving the specified function.
Upon review of the Specification, the corresponding structure can be found on figures 3A, 3B, and paragraphs [0151-0152]. Therefore, the examiner concludes that the limitations meet the requirements.
Claim Rejections - 35 USC § 103
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 nonobviousness.
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 1-2, 4-5, 9-19, and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over WU (Pub. No.: US 20110207432 A1), hereinafter WU, in view of Klein et al. (Pub. No.: US 20160224094 A1), hereinafter Klein.
With respect to claim 1, WU teaches An apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to perform ([0022-0024], a Charging Rule Function (CRF)):
deriving at least one energy saving measure involving at least one user equipment ([0022-0024], the CRF determines charging rules based on the information provided in the charging rule request received from the TPF), wherein the energy saving measure comprises varying the quality of service for the at least one user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF. A charging rule may include: charging mode indication of service data flow, e.g. indication of online charging or offline charging, the recording mode of offline charging, e.g. volume based, or time based or both, charging key, filter(s) of service data flow, priority, and identifier of the charging rule), and
sending a notification comprising at least one derived energy saving measure to a network element ([0022-0024], the CRF provides the selected charging rules to the TPF).
Although WU teaches saving measure comprises varying the quality of service for the at least one user equipment as set forth above. WU does not explicitly teach in order to adjust energy consumption in a network.
However, Klein teaches in order to adjust energy consumption in a network ([0059], in order to adjust energy consumption in a network of components), and processor and at least one memory storing instructions that, when executed by the at least one processor (0077, 0079).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Klein, in order to adjust energy consumption in a network, and processor and at least one memory storing instructions that, when executed by the at least one processor, into the teachings of WU, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Klein, [0012]).
With respect to claim 2, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches deriving charging characteristic and criteria for which the said derived charging characteristic apply for the at least one user equipment for each energy saving measure ([0022-0024]), and sending the derived charging characteristic and criteria with the notification to the network element ([0022-0024]).
With respect to claim 4, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches initiating a control of the quality of service based on the energy saving measure ([0022-0024]).
With respect to claim 5, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches initiating, upon receiving and/or detecting a trigger, the control of the quality of service based on the energy saving measure ([0022-0024]).
With respect to claim 9, WU teaches An apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to perform ([0022-0024], a Traffic Plane Function (TPF)):
receiving a notification comprising at least one energy saving measure involving at least one user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF), wherein the at least one energy saving measure comprises varying the quality of service for the at least one user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF. A charging rule may include: charging mode indication of service data flow, e.g. indication of online charging or offline charging, the recording mode of offline charging, e.g. volume based, or time based or both, charging key, filter(s) of service data flow, priority, and identifier of the charging rule),
selecting at least one user equipment for taking part in the at least one energy saving measure ([0022-0026], the TPF performs appropriate actions as indicated by the received charging rule, e.g. applying or deleting the charging rule, and then responses to the UE with establishing bearer service accept message),
determining whether the selected at least one user equipment will take part in the energy saving measure ([0022-0027], the UE carries out service data transmission after receiving the establishing bearer service accept message, and the TPF performs counting and statistic operation for the service data flow on which the charging rule is applied), and
applying the at least one energy saving measure for the selected at least one user equipment based on determining that the at least user equipment will take part in the energy saving measure ([0022-0027], the TPF performs counting and statistic operation for the service data flow on which the charging rule is applied, i.e. after filtering, performs charging operation which contains collecting and generating charging information, and submits the generated charging information in a certain format, for example, filling in a Call Detail Record (CDR), to the charging-associated entities to generate the final bill of the user).
Although WU teaches saving measure comprises varying the quality of service for the at least one user equipment as set forth above. WU does not explicitly teach in order to adjust energy consumption in a network.
However, Klein teaches in order to adjust energy consumption in a network ([0059], in order to adjust energy consumption in a network of components), and processor and at least one memory storing instructions that, when executed by the at least one processor (0077, 0079).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Klein, in order to adjust energy consumption in a network, and processor and at least one memory storing instructions that, when executed by the at least one processor, into the teachings of WU, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Klein, [0012]).
With respect to claim 10, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches sending information as to whether the selected at least one user equipment will take part in the at least one energy saving measure to a network element having sent the notification ([0022-0026).
With respect to claim 11, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches determining whether the determined at least one user equipment will take part in the energy saving measure or not by sending a proposal for taking part in the energy saving measure to at least one determined user equipment, and receiving a response message from the user equipment ([0026-0027).
With respect to claim 12, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches wherein the proposal comprises information about the change in quality of service as well as an impact on the charging in a human or machine readable format ([0022-0027).
With respect to claim 13, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches determining whether the selected at least one user equipment will take part in the at least one energy saving measure or not by accessing user equipment subscription data information stored in a network element ([0022-0027).
With respect to claim 14, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches wherein the user equipment subscription data information comprises: information as to whether the user equipment agrees to take part in adjusting energy consumption in a network or not ([0022-0027).
With respect to claim 15, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches sending, before applying the energy saving measure, a request to the user equipment to verify whether the user equipment will take part in the energy saving measure, in case: user equipment subscription data information comprises information that the user equipment is to be requested to verify whether the user equipment will take part in the energy saving measure before applying the energy saving measure ([0022-0027).
With respect to claim 16, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches sending, before applying the energy saving measure, an information to the user equipment that user equipment will take part in the energy saving measure, in case: user equipment subscription data information comprises information that the user equipment is to be notified about the energy saving measure that will be applied ([0022-0027).
With respect to claim 17, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches selecting the at least one user equipment based on information received from the network element ([0022-0024).
With respect to claim 18, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches wherein the information received from the network element comprises for each energy saving measure charging characteristics and criteria for which the said derived charging characteristics apply for the at least one user equipment ([0022-0024).
With respect to claim 19, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches wherein the instructions, when executed by the at least one processor, further cause the apparatus to perform: selecting at least one network element involved in the at least one energy measure based on the information received from the network element ([0022-0024).
With respect to claim 24, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches wherein the at least one energy saving measure further comprises adjusting charging based on varying the quality of service for the at least one user equipment ([0022-0024).
With respect to claim 25, WU teaches a method comprising:
deriving at least one energy saving measure involving at least one user equipment ([0022-0024], the CRF determines charging rules based on the information provided in the charging rule request received from the TPF), wherein the energy saving measure comprises varying the quality of service for the at least one user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF. A charging rule may include: charging mode indication of service data flow, e.g. indication of online charging or offline charging, the recording mode of offline charging, e.g. volume based, or time based or both, charging key, filter(s) of service data flow, priority, and identifier of the charging rule), and
sending a notification comprising at least one derived energy saving measure to a network element ([0022-0024], the CRF provides the selected charging rules to the TPF).
Although WU teaches saving measure comprises varying the quality of service for the at least one user equipment as set forth above. WU does not explicitly teach in order to adjust energy consumption in a network.
However, Klein teaches in order to adjust energy consumption in a network ([0059], in order to adjust energy consumption in a network of components), and processor and at least one memory storing instructions that, when executed by the at least one processor (0077, 0079).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Klein, in order to adjust energy consumption in a network, and processor and at least one memory storing instructions that, when executed by the at least one processor, into the teachings of WU, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Klein, [0012]).
With respect to claim 26, WU teaches a method comprising:
receiving a notification comprising at least one energy saving measure involving at least one user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF), wherein the at least one energy saving measure comprises varying the quality of service for the at least one user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF. A charging rule may include: charging mode indication of service data flow, e.g. indication of online charging or offline charging, the recording mode of offline charging, e.g. volume based, or time based or both, charging key, filter(s) of service data flow, priority, and identifier of the charging rule),
selecting at least one user equipment for taking part in the at least one energy saving measure ([0022-0026], the TPF performs appropriate actions as indicated by the received charging rule, e.g. applying or deleting the charging rule, and then responses to the UE with establishing bearer service accept message),
determining whether the selected at least one user equipment will take part in the energy saving measure ([0022-0027], the UE carries out service data transmission after receiving the establishing bearer service accept message, and the TPF performs counting and statistic operation for the service data flow on which the charging rule is applied), and
applying the at least one energy saving measure for the selected at least one user equipment based on determining that the at least user equipment will take part in the energy saving measure ([0022-0027], the TPF performs counting and statistic operation for the service data flow on which the charging rule is applied, i.e. after filtering, performs charging operation which contains collecting and generating charging information, and submits the generated charging information in a certain format, for example, filling in a Call Detail Record (CDR), to the charging-associated entities to generate the final bill of the user).
Although WU teaches saving measure comprises varying the quality of service for the at least one user equipment as set forth above. WU does not explicitly teach in order to adjust energy consumption in a network.
However, Klein teaches in order to adjust energy consumption in a network ([0059], in order to adjust energy consumption in a network of components), and processor and at least one memory storing instructions that, when executed by the at least one processor (0077, 0079).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Klein, in order to adjust energy consumption in a network, and processor and at least one memory storing instructions that, when executed by the at least one processor, into the teachings of WU, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Klein, [0012]).
Claims 3, 20-23, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over WU, in view of Klein, and further in view of Foo et al. (Pub. No.: US 20130332542 A1), hereinafter Foo.
With respect to claim 3, the combination of WU and Klein teaches the apparatus of claim 1. WU teaches the network element ([0022-0024]).
The combination of WU and Klein does not explicitly teach receiving a response notification from, the response notification comprising information indicating whether the at least one user equipment will take part in the at least one energy saving measure or not, and/or whether the at least one user equipment accepts taking part in the at least one energy saving measure or not.
However, Foo teaches receiving a response notification from, the response notification comprising information indicating whether the at least one user equipment will take part in the at least one energy saving measure or not, and/or whether the at least one user equipment accepts taking part in the at least one energy saving measure or not ([0009]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Foo, receiving a response notification from, the response notification comprising information indicating whether the at least one user equipment will take part in the at least one energy saving measure or not, and/or whether the at least one user equipment accepts taking part in the at least one energy saving measure or not, into the teachings of WU and Klein, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Foo, [0012]).
With respect to claim 20, WU teaches An apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to perform ([0022-0024], a Traffic Plane Function (TPF)):
receiving a proposal for taking part in an energy saving measure ([0022-0024], the CRF provides the selected charging rules to the TPF), the proposal comprising information about at least one energy saving measure involving the user equipment ([0022-0024], the charging rules based on the information provided in the charging rule request received from the TPF and the UE), wherein the energy saving measure comprises varying the quality of service for the user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF. A charging rule may include: charging mode indication of service data flow, e.g. indication of online charging or offline charging, the recording mode of offline charging, e.g. volume based, or time based or both, charging key, filter(s) of service data flow, priority, and identifier of the charging rule).
Although WU teaches saving measure comprises varying the quality of service for the at least one user equipment as set forth above. WU does not explicitly teach in order to adjust energy consumption in a network.
However, Klein teaches in order to adjust energy consumption in a network ([0059], in order to adjust energy consumption in a network of components), and processor and at least one memory storing instructions that, when executed by the at least one processor (0077, 0079).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Klein, in order to adjust energy consumption in a network, and processor and at least one memory storing instructions that, when executed by the at least one processor, into the teachings of WU, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Klein, [0012]).
The combination of WU and Klein does not explicitly teach determining whether to accept the proposal or not, and sending a response including information indicating whether the proposal is accepted or not.
However, Foo teaches determining whether to accept the proposal or not, and sending a response including information indicating whether the proposal is accepted or not ([0009], In response, the second device can determine whether to accept or reject the proposal and send a message to the first device indicating whether the proposal is accepted or rejected).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Foo, determining whether to accept the proposal or not, and sending a response including information indicating whether the proposal is accepted or not, into the teachings of WU and Klein, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Foo, [0012]).
With respect to claim 21, the combination of WU, Klein and Foo teaches the apparatus of claim 20. The combination of WU and Klein does not explicitly teach means for determining whether to accept the proposal or not by verifying the proposal.
However, Foo teaches means for determining whether to accept the proposal or not by verifying the proposal ([0009]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Foo, means for determining whether to accept the proposal or not by verifying the proposal, into the teachings of WU and Klein, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Foo, [0012]).
With respect to claim 22, the combination of WU, Klein and Foo teaches the apparatus of claim 20. WU teaches selecting one energy saving measure from the plurality of energy measures([0022-0027]).
With respect to claim 23, the combination of WU, Klein and Foo teaches the apparatus of claim 20. WU teaches determining whether to accept the proposal or not based on a pre-configuration ([0022-0027]).
With respect to claim 27, WU teaches a method comprising:
receiving a proposal for taking part in an energy saving measure ([0022-0024], the CRF provides the selected charging rules to the TPF), the proposal comprising information about at least one energy saving measure involving the user equipment ([0022-0024], the charging rules based on the information provided in the charging rule request received from the TPF and the UE), wherein the energy saving measure comprises varying the quality of service for the user equipment ([0022-0024], the CRF provides the selected charging rules to the TPF. A charging rule may include: charging mode indication of service data flow, e.g. indication of online charging or offline charging, the recording mode of offline charging, e.g. volume based, or time based or both, charging key, filter(s) of service data flow, priority, and identifier of the charging rule).
Although WU teaches saving measure comprises varying the quality of service for the at least one user equipment as set forth above. WU does not explicitly teach in order to adjust energy consumption in a network.
However, Klein teaches in order to adjust energy consumption in a network ([0059], in order to adjust energy consumption in a network of components), and processor and at least one memory storing instructions that, when executed by the at least one processor (0077, 0079).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Klein, in order to adjust energy consumption in a network, and processor and at least one memory storing instructions that, when executed by the at least one processor, into the teachings of WU, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Klein, [0012]).
The combination of WU and Klein does not explicitly teach determining whether to accept the proposal or not, and sending a response including information indicating whether the proposal is accepted or not.
However, Foo teaches determining whether to accept the proposal or not, and sending a response including information indicating whether the proposal is accepted or not ([0009], In response, the second device can determine whether to accept or reject the proposal and send a message to the first device indicating whether the proposal is accepted or rejected).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Foo, determining whether to accept the proposal or not, and sending a response including information indicating whether the proposal is accepted or not, into the teachings of WU and Klein, in order for the customer to make at least some adjustments to the operational state and/or power state of one or more components in order to manage the amount of energy consumption (Foo, [0012]).
Allowable Subject Matter
Claims 6-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pub. No.: US 20110208853 A1; “Castro-Castro”, ([0029])
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/KIET TANG/
Primary Examiner, Art Unit 2469
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