DETAILED ACTION
This action is in response to the Applicant’s submission filed on August 28, 2026. As set forth therein, claims 1, 4, 11 and 14 are currently amended, claims 3, 5, 13, and 15 are canceled and claims 21-24 are new. Claims 1, 2, 4, 6-12, 14, and 16-24 remain pending.
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 .
Response to Arguments
Double Patenting Rejections
The Examiner notes that as the applicant states that the claims of Chong do not recite average experience information of a set of services and thus the amended claims are patentably distinct from Chong. The Examiner determines that as set forth below in the double patenting section, the claims are not patentably distinct from ‘241 Chong since the claims are directed to an average experience information of a service and thus the rejection is maintained.
Claims Rejections – 35 U.S.C. § 103
The Applicant states that claim 1 requires that slice quality information comprises service experience information of a first network slice and that the service experience information comprises average experience information of a set of service on the first network slice.
The Applicant also states that the Examiner acknowledges that Chen does not disclose the received experience information and instead cites to Schliwa-Bertling. With respect to Schliwa-Bertling, the Applicant states that in each cited passage, the average is taken over the users of a single application rather than over a set of services. The Applicant states that Schliwa-Bertling describes the analytics as “the estimated Service Experience statistics per application per slice (e.g. average Service MOS) and the “how many percent (e.g. 90%) UEs’ service experience satisfy per application ID”. The Applicant states that both forms the reported quantity is resolved per application. The Applicant states that an average computed across the users of one application, or across a group of users assigned to a slice, is not the ‘”average experience information of a set of services on the first network slice”. The Applicant also states that Schilwa-Bertling’s own framework keeps the services separate rather than aggregating experience across them. The Applicant states that consolidating values into a single average across the services on the slice would deprive Schilwa-Bertling of the per-application evaluation on which its determination of KPI fulfillment depends.”
The Examiner notes that the claims recite in part “average experience information of a set of services on the first network slice”. It is noted that the claim does not recite a minimum number of services within the “set” of services. Thus, under the broadest reasonable interpretation a set of services could be a single service. Since Schilwa-Bertling discloses of a least a service and determining an average across a service then Schilwa-Bertling discloses “average experience information of a set of services on the first network slice”.
In addition, in review of the specification, the Examiner notes that the phrase “set of services” does not specifically appear. In addition, “average experience” appears in paragraph [0459] of the specification. As set forth therien, the specification describes a service experience requirement with respect to “average experience of the service A”. In this case, Service A is a singular service. The Examiner notes that other services such as “service B” is also disclosed (see paragraph [0481]). Thus, the Examiner finds that a person of ordinary skill in the art would have understood that average service experience for each of multiple different services can be determined. However, when construing the claimed “average experience information of a set of services on the first network slice” the specification describes this for each service. That is, an average for each service. The average is not shown to be an aggregate across all services.
Thus, the Examiner finds that as set forth above, the claims do not recite any quantity with respect to the “set of services” and thus a single service can be a ‘set of services’ and further the patent specification discloses an average experience with respect to a service to be directed to a single service (e.g. Service A).
Thus, the Examiner does not find the Applicant’s arguments persuasive.
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.
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, 2, 4, 6-12, 14, 16-21 and 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 and 20 of U.S. Patent No. 12,089,241. Although the claims at issue are not identical, they are not patentably distinct from each other because as set below in the claim chart, the claims of the instant application are substantially the same as the claims of the ‘241 patent.
18/812,526
US Patent 12,089,241
11.A method, comprising:
1. A method, comprising:
obtaining, by a network management network element, first information about a resource used by a network device and for a first network slice;
obtaining, by a network management network element, information about a resource scheduled by a network device for a first network slice;
sending, by a data analysis device and to the network management network element, slice quality information of the first network slice,
wherein the slice quality information comprises service experience information of the first network slice, and
wherein the service experience information comprises average experience information of a set of services on the first network slice
obtaining, by the network management network element and from the data analysis device, the slice quality information; and
obtaining, by the network management network element, slice quality information of the first network slice from a data analysis device; and
updating, by the network management network element and based on the first information and the slice quality information, resource configuration information of the first network slice to obtain updated resource configuration information.
updating, by the network management network element, resource configuration information of the first network slice based on the information about the resource and the slice quality information.
3. The method of claim 1, wherein the slice quality information of the first network slice comprises service experience information of the first network slice.
4. The method of claim 3, wherein the service experience information comprises experience information at a service granularity of the first network slice.
5. The method of claim 4, wherein the experience information at the service granularity of the network slice comprises first quality information at the service granularity or second quality information at a user granularity of a service.
6. The method of claim 5, wherein the first quality information at the service granularity comprises an average user experience value of the service or user experience value distribution information of the service.
The Examiner notes that the instant claims do not recite obtaining information about a resource ‘scheduled’ by a network device and thus is broader that the claim of the ‘241 patent. In addition, although the instant claims recite “sending, by a data analysis device and to the network management network element, slice quality information of the first network slice, wherein the slice quality information comprises service experience information of the first network slice, and wherein the service experience information comprises average experience information of a set of services on the first network slice”, the Examiner finds that this is not a patentable distinction since the ’241 patent recites “obtaining, by the network management network element, slice quality information of the first network slice from a data analysis device”.
With respect to “sending, by a data analysis device and to the network management network element, slice quality information of the first network slice” it would have been understood by a person of ordinary skill in the art that if the information is obtained from a data analysis device, then the data analysis device, sends/transmits that information to the network management network element.
The Examiner notes that it would have been obvious to a person of ordinary skill in the art before the effective filing data of the claim invention to transmit information since the ‘241 patent discloses of obtaining or receiving that information by the network management network element. As explained by the ‘241 patent this is performed in order to receive slice quality information which is used for updating resource configuration information.
With respect to “wherein the slice quality information comprises service experience information of the first network slice” claim 3 of the ‘241 patent recites “wherein the slice quality information of the first network slice comprises service experience information of the first network slice”.
In addition, with respect to “wherein the service experience information comprises average experience information of a set of services on the first network slice”, claim 6 of the ‘241 patent recites “wherein the first quality information at the service granularity comprises an average user experience value of the service or user experience value distribution information of the service”. The Examiner determines that both limitations pertain to an average experience. Claim 1 of the application does not specify the experience information and thus it is broader than the user experience information of the ‘241 patent. In addition, although claim 1 recites “a set of services”, the claim does not specify any quantity with respect to the set. Since claim 6 recites average experience of the service, then it both a set of service and the service can be a single service.
Therefore, claim 11 is not patentably distinct from claim 6 (include all the base claim limitations of the preceding and independent claim).
In addition, the Examiner finds that claims 12, 14, 16-20 of the instant application corresponds to claim 2,3,4,6,5,6,6 and 20 respectively of the ‘241 patent.
The Examiner further notes that claims 1, 2, 4, 6-10 relate to a communication system. The Examiner finds that for the reason set forth above, the system claims are not patentably distinct from the methods claims or the apparatus claim (9-16) of the ‘241 patent.
The Examiner also finds that claim 21 recites “wherein the network device comprises an access network device”. It is noted that the ‘241 patent also discloses “when the network device is an access network device” in claim 7. This same rationale applies to claim 24.
Claims 22 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 and 20 of U.S. Patent No. 12,089,241 in view of Chen et al. US Patent Pub. 2020/0367109. Although the claims at issue are not identical, they are not patentably distinct from each other because with respect to “wherein the network device comprises a core network device configured to allocate a user plane resource or a control plane resource” Chen discloses that the access network node includes a control-plane unit and a user-plane unit and that the access network node includes a base station which includes a centralized unit and a distributed unit. See paragraph [0015]. As set forth in paragraphs [0016]-[0016], the control plane unit sends network slice resource allocation information. Thus, the control plane is configured to allocate a resource.
In addition, with respect to “wherein the network device comprises a transport network device” Chen discloses in paragraphs [0015]-[0018] that the access network node is configured to transport information, configuration control information and resource allocation information. Thus, the network device comprises a transport network device. See also paragraph [0090].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a core network device configured to allocate a user place resource or a control plane resource” or to use a transport network device as disclosed by Chen. The Examiner notes that claim 1 of the ‘241 patent is already directed to resource configuration and the scheduling of resources and thus is specially directed to the use of resources. Chen discloses that the user=plane and control planes are used for the transmission of information including resource allocation information. Thus, it would have been obvious to a person of ordinary skill in the art to use a plane such as a control plane and a user plane in order to receive information pertaining to the network with respect to the allocation of resources.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 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 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.
Claim(s) 1, 2, 4, 6-12, 14, and 16-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. US Patent Pub. 2020/0367109 in view of Schliwa-Bertling et al. US Patent Pub. 2022/0022090.
Regarding claim 1:
A system, comprising:
Chen is directed to a method of processing a network slice and an access-network node, which relate to a communication field. See the abstract and paragraph [0004].
a data analysis device configured to send slice quality information of a first network slice,
Chen discloses receiving network quality of service information and network slice resource information by the network management network element (network administration-and management entity). See paragraphs [0011-0015] See also paragraph [0026-0028] which discloses receiving by the network entity, the information which includes the network-slice information. See also Figures 2-4. With reference to Figure 4, the core-network node (“data analysis device”) transmits to the network administration and management entity network-slice information.
wherein the slice quality information comprises service experience information of the first network slice, and
Chen discloses the network slice includes network-slice service information. See paragraphs [0006] and [0031]. As set forth in paragraph [0031], the network slice service information includes at least one of network-slice service-type change information, network-slice traffic-volume change information, and network-slice user-amount change information.
The Examiner notes that to the extent the slice quality information is not considered to comprise service experience information, the Examiner finds that it was well known to include service experience information.
The Examiner finds that Schliwa-Bertling is directed to a method of operation which initializes slice information at a first network entity. Schliwa-Bertling further discloses receiving information for the slice which includes quality of experience (QoE) measurements. See the abstract. See also paragraph [0006] which discloses of providing data analytics which include the service experience per application slice.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include service experience information. As explained by Schliwa-Bertling, the benefit of receiving the service experience information is so that it can be determined whether the Key Performance Indicator for the slice has been met and hence fulfill the service level agreement. See the abstract and paragraphs [0016-0017]. The Examiner notes that Chen in paragraph [0007] discloses of evaluating network slice performing monitoring information. See also paragraph [0049] of Chen. Thus, it would have been predictable to a person of ordinary skill in the art to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling.
wherein the service experience information comprises average experience information of a set of services on the first network slice; and
Schliwa-Bertling discloses that the statistics of the experience include average service MOS. See paragraphs [0006] and [0010]. See also paragraphs [0077-0081].
As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
a network management network element configured to: obtain first information about a resource used by a network device and for the first network slice;
Chen discloses receiving network quality of service information and network slice resource information (see paragraph [0008-0009]) by an access network element - paragraph [0009] recites the element is a “network administration-and management entity”) which comprises a base station centralization unit and a distributed unit. See paragraph [0011]. See also paragraph [0026-0028] which discloses receiving (“obtaining”) by the network entity, the information which includes the network-slice information. See also Figures 2-4 which disclose a network management entity receiving ‘first information’ (slice resource information). See also paragraph [0031].
obtain, from the data analysis device, the slice quality information; and
Chen discloses receiving network quality of service information and network slice resource information by the network management network element (Chen also teaches that an access network element (see Figure 4) receives the network slice information and that the access network comprises a base station centralization unit and a distributed unit). See paragraph [0090]
Chen also discloses receiving network quality of service information and network slice resource information by the network management network element (network administration-and management entity). See paragraphs [0011-0015] See also paragraph [0026-0028] which discloses receiving by the network entity, the information which includes the network-slice information. See also Figures 2-4.
As set forth above, with reference to Figure 4, the core-network node (“data analysis device”) transmits to the network administration and management entity network-slice information.
update based on the first information and the slice quality information, resource configuration information of the first network slice to obtain updated resource configuration information.
Chen discloses in paragraph [0131-0132] that the method of processing a network slice includes the transmission of a configuration update message to the access network node. The configuration information is based on the network slice quality of service information. See also paragraph [0088]
The Examiner notes that to the extent the updated configuration of Chen is not considered to update resource configuration information of the first slice, the Examiner finds that it would have been obvious to a person of ordinary skill in the art to update resource configuration information of the network slice.
As explained by Schliwa-Bertling, it was known to provide a configuration update based on per slice service level agreement information. Schliwa-Bertling discloses of a NWDAF which provides data analytics with respect to service experience. See paragraph [0006]. Schliwa-Bertling further discloses that the RAN takes into account this information and updates the percent of resources for the slice. See paragraph [0009]. See also paragraphs [0092 and 0095] which discloses of other updates with respect to the network slice and users.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to update resource configuration information of the network slice. As explained above, Chen discloses that processing of a network slice includes a configuration update and that the update is based on quality of service information. See paragraph [0131-132] of Chen. In addition, Chen discloses that the configuration update includes a resources, priority, configuration of a data radio bearer and scheduling information. Thus, Chen discloses that it was known to have updated configuration information. Likewise, Schliwa-Bertling discloses it was known to provide configuration update information on a pers slice level. See paragraph [0009]. Furthermore, it would have been obvious to a person of ordinary skill in the art to update the configuration information based on the quality information as disclosed by Chen and Schliwa-Bertling discloses of updating the configuration in accordance with the information in order for each slice to have the service level agreement fulfilled.
Regarding claim 2:
The system of claim 1, wherein the network management network element is further configured to send, to the network device, the updated resource configuration information.
Chen discloses in paragraphs [0131-0132] that the method of processing a network slice includes the transmission of a configuration update message to the access network node. The configuration information is based on the network slice quality of service information.
As set forth above, as explained by Schliwa-Bertling, it was known to provide a configuration update based on per slice service level agreement information. Schliwa-Bertling discloses of a NWDAF which provides data analytics with respect to service experience. See paragraph [0006]. Schliwa-Bertling further discloses that the RAN takes into account this information and updates the percent of resources for the slice. See paragraph [0009]. See also paragraph [0092 and 0095] which discloses of other updates with respect to the network slice and users.
Regarding claim 4:
The system of claim 1, wherein the service experience information comprises experience information at a service granularity of the first network slice.
As set forth above in claim 3, Chen does not specifically disclose that its service experience information comprises experience information. As set forth above, Schliwa-Bertling is directed to a method of operation which initializes slice information at a first network entity. Schliwa-Bertling discloses of receiving information for the slice which includes quality of experience measurements. See the abstract. See also paragraph [0006] which discloses of providing data analytics which include the service experience statistics per application per application slice. See also paragraphs [0010] and [0077]
Thus, the experience information is at a service granularity of the first network slice. As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 6:
The system of claim 4, wherein the experience information comprises quality information at the service granularity.
Chen discloses the network slice includes network-slice service information. See paragraphs [0006] and [0031]. As set forth in paragraph [0031], the network slice service information includes at least one of network-slice service-type change information, network-slice traffic-volume change information, and network-slice user-amount change information.
Schliwa-Bertling discloses of receiving information for the slice which includes quality of experience measurements. See the abstract. See also paragraph [0006] which discloses of providing data analytics which include the service experience per application slice.
As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 7:
The system of claim 4, wherein the experience information comprises quality information at a user granularity of a service.
See paragraph [0016] of Schliwa-Bertling which discloses that the QoE (quality of experience) is at the per user level of service. See also paragraphs [0077-0081] and [0088].
As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 8:
The system of claim 6, wherein the quality information comprises an average user experience value of a [[the]] service.
Schliwa-Bertling discloses that the statistics of the experience includes average service MOS. See paragraphs [0006] and [0010]. See also paragraphs [0077-0081].
As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 9:
The system of claim 6, wherein the quality information comprises user experience value distribution information of a [[the]] service.
Schliwa-Bertling discloses that the quality of experience information includes user information with respect to a group of users. See paragraphs [0014-0016]. See also paragraphs [0077-0081].
As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 10:
The system of claim 1, wherein the first information comprises at least one of second information of a physical resource block, third information of a processor resource, or fourth information of a storage resource.
See paragraph [0007] which discloses there the resource information comprises “the resources include at least one of following resources: a radio network resource, a computing resource, and a storage resource. See also paragraph [0112]
Regarding claim 11:
A method, comprising:
Chen is directed to a method of processing a network slice and an access-network node, which relate to a communication field. See the abstract and paragraph [0004].
obtaining, by a network management network element, first information about a resource used by a network device and for a first network slice;
Chen discloses receiving network quality of service information and network slice resource information (see paragraph [0008-0009]) by an access network element - paragraph [0009] recites the element is a “network administration-and management entity”) which comprises a base station centralization unit and a distributed unit. See paragraph [0011]. See also paragraph [0026-0028] which discloses receiving (“obtaining”) by the network entity, the information which includes the network-slice information. See also Figures 2-4 which discloses a network management entity receiving ‘first information’ (slice resource information).
sending, by a data analysis device and to the network management network element, slice quality information of the first network slice,
Chen discloses receiving network quality of service information and network slice resource information by the network management network element (network administration-and management entity). See paragraphs [0011-0015] See also paragraph [0026-0028] which discloses receiving by the network entity, the information which includes the network-slice information. See also Figures 2-4.
With reference to Figure 4, the core-network node (“data analysis device”) transmits to the network administration and management entity network-slice information.
wherein the slice quality information of the first network slice comprises service experience information of the first network slice, and
Chen discloses the network slice includes network-slice service information. See paragraphs [0006] and [0031]. As set forth in paragraph [0031], the network slice service information includes at least one of network-slice service-type change information, network-slice traffic-volume change information, and network-slice user-amount change information.
The Examiner notes that to the extent the slice quality information is not considered to comprise service experience information, the Examiner finds that it was well known to include service experience information.
The Examiner finds that Schliwa-Bertling is directed to a method of operation which initializes slice information at a first network entity. Schliwa-Bertling further discloses receiving information for the slice which includes quality of experience (QoE) measurements. See the abstract. See also paragraph [0006] which discloses of providing data analytics which include the service experience per application slice.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include service experience information. As explained by Schliwa-Bertling, the benefit of receiving the service experience information is so that it can be determined whether the Key Performance Indicator for the slice has been met and hence fulfill the service level agreement. See the abstract and paragraphs [0016-0017]. The Examiner notes that Chen in paragraph [0007] discloses of evaluating network slice performing monitoring information. See also paragraph [0049] of Chen. Thus, it would have been predictable to a person of ordinary skill in the art to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling.
wherein the service experience information comprises average experience information of a set of services on the first network slice.
Schliwa-Bertling discloses that the statistics of the experience include average service MOS. See paragraphs [0006] and [0010]. See also paragraphs [0077-0081].
As set forth above, it would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
obtaining, by the network management network element and from the data analysis device, the slice quality information; and
Chen discloses receiving network quality of service information and network slice resource information by the network management network element (Chen also teaches that an access network element (see Figure 4) receives the network slice information and that the access network comprises a base station centralization unit and a distributed unit). See paragraph [0090]
Chen discloses receiving network quality of service information and network slice resource information by the network management network element (network administration-and management entity). See paragraphs [0011-0015] See also paragraph [0026-0028] which discloses receiving by the network entity, the information which includes the network-slice information. See also Figures 2-4.
As set forth above, with reference to Figure 4, the core-network node (“data analysis device”) transmits to the network administration and management entity network-slice information.
updating, by the network management network element and based on the first information and the slice quality information, resource configuration information of the first network slice to obtain updated resource configuration information.
Chen discloses in paragraph [0131-0132] that the method of processing a network slice includes the transmission of a configuration update message to the access network node. The configuration information is based on the network slice quality of service information. See also paragraph [0088]
The Examiner notes that to the extent the updated configuration of Chen is not considered to update resource configuration information of the first slice, the Examiner finds that it would have been obvious to a person of ordinary skill in the art to update resource configuration information of the network slice.
As explained by Schliwa-Bertling, it was known to provide a configuration update based on per slice service level agreement information. As explained by Schliwa-Bertling, it was known to provide a configuration update based on per slice service level agreement information. Schliwa-Bertling discloses of a NWDAF which provides data analytics with respect to service experience. See paragraph [0006]. Schliwa-Bertling further discloses that the RAN takes into account this information and updates the percent of resources for the slice. See paragraph [0009]. See also paragraph [0092 and 0095] which discloses of other updates with respect to the network slice and users.
Schliwa-Bertling discloses that the RAN takes into account this information and updates the percent of resources for the slice. See paragraph [0009]. See also paragraph [0092 and 0095] which discloses of other updates with respect to the network slice and users.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to update resource configuration information of the network slice. As explained above, Chen discloses that processing of a network slice includes a configuration update and that the update is based on quality of service information. See paragraph [0131-132] of Chen. In addition, Chen discloses that the configuration update includes a resources, priority, configuration of a data radio bearer and scheduling information. Thus, Chen discloses that it was known to have updated configuration information. Likewise, Schliwa-Bertling discloses it was known to provide configuration update information on a pers slice level. See paragraph [0009]. Furthermore, it would have been obvious to a person of ordinary skill in the art to update the configuration information based on the quality information as disclosed by Chen and Schliwa-Bertling discloses of updating the configuration in accordance with the information in order for each slice to have the service level agreement fulfilled.
Regarding claim 12:
The method of claim 11, further comprising sending, by the network management network element and to the network device, updated resource configuration information.
Chen discloses in paragraphs [0131-0132] that the method of processing a network slice includes the transmission of a configuration update message to the access network node. The configuration information is based on the network slide quality of service information.
Regarding claim 14:
The method of claim 11, wherein the service experience information comprises experience information at a service granularity of the first network slice.
As set forth above, Chen does not specifically disclose that its service experience information comprises experience information. As set forth above, Schliwa-Bertling is directed to a method of operation which initializes slice information at a first network entity. Schliwa-Bertling discloses of receiving information for the slice which includes quality of experience measurements. See the abstract. See also paragraph [0006] which discloses of providing data analytics which include the service experience statistics per application per application slice. See also paragraphs [0010] and [0077]
Thus, the experience information is at a service granularity of the first network slice. As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 16:
The method of claim 14, wherein the experience information comprises quality information at the service granularity.
Chen discloses the network slice includes network-slice service information. See paragraphs [0006] and [0031]. As set forth in paragraph [0031], the network slice service information includes at least one of network-slice service-type change information, network-slice traffic-volume change information, and network-slice user-amount change information.
Schliwa-Bertling discloses of receiving information for the slice which includes quality of experience measurements. See the abstract. See also paragraph [0006] which discloses of providing data analytics which include the service experience per application slice.
Regarding claim 17:
The method of claim 14 wherein the experience information comprises quality information at a user granularity of a service.
See paragraph [0016] of Schliwa-Bertling which discloses that the QoE (quality of experience) is at the per user level of service. See also paragraphs [0077-0081] and [0088].
As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 18:
The method of claim 16, wherein the quality information comprises an average user experience value of a service.
Schliwa-Bertling discloses that the statistics of the experience include average service MOS. See paragraphs [0006] and [0010]. See also paragraphs [0077-0081].
As set forth above, it would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 19:
The method of claim 16, wherein the quality information comprises user experience value distribution information of a service.
Schliwa-Bertling discloses that the quality of experience information includes user information with respect to a group of users. See paragraphs [0014-0016]. See also paragraphs [0077-0081].
As set forth above, would have been predictable to a person of ordinary skill in the art before the effective filing date of the claimed invention to include performance information such as service experience in order to determine the performance information of the slice and to optimize resources in the RAN and 5G Core (see paragraph [0062] of Schliwa-Bertling).
Regarding claim 20:
The method of claim 11, wherein the first information comprises at least one of second information of a physical resource block, third information of a processor resource, or fourth information of a storage resource.
See paragraph [0007] which discloses there the resource information comprises “the resources include at least one of following resources: a radio network resource, a computing resource, and a storage resource. See also paragraph [0112].
Regarding claim 21:
The system of claim 1, wherein the network device comprises an access network device.
Chen discloses the network device is an access network node. See paragraph [0015]. See also Fig. 4.
Regarding claim 22:
The system of claim 1, wherein the network device comprises a core network device configured to allocate a user plane resource or a control plane resource.
Chen discloses that the access network node includes a control-plane unit and a user-plane unit and that the access network node includes a base station which includes a centralized unit and a distributed unit. See paragraph [0015]. As set forth in paragraphs [0016]-[0016], the control plane unit sends network slice resource allocation information. Thus, the control plane is configured to allocate a resource.
Regarding claim 23:
The system of claim 1, wherein the network device comprises a transport network device.
See paragraphs [0015-0018] of Chen which disclose that the network devices is an access network node which is configured to transport information, configuration control information and resource allocation information. Thus, the network device comprises a transport network device. See also paragraph [0090]
Regarding claim 24:
The method of claim 11, wherein the network device comprises at least one of an access network device, a core network device configured to allocate a user plane resource or a control plane resource, or a transport network device.
Chen discloses the network device is an access network node. See paragraph [0015]. See also Fig. 4.
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 OVIDIO ESCALANTE whose telephone number is (571)272-7537. The examiner can normally be reached on Monday to Friday from 6:00 AM to 3:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Fuelling, can be reached at telephone number (571)272-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/Ovidio Escalante/
Primary Examiner, Art Unit 3992
