DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
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, 5-10, and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,101,121 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1,
Claim 1 of Application No. 18/813237
Claims 1 and 8 of US Patent No. 12101121 B2
A device, comprising:
a processor; and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, comprising:
A device, comprising:
a processor; and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, comprising:
configuring a cellular frontend connection for an access point affiliated with a customer premises equipment based on first information;
determining, for a customer premises equipment and based on first received information, a frontend configuration for a mobile broadband resource;
configuring an optical fiber backend connection for the customer premises equipment based on second information; and
determining, for the customer premises equipment and based on second received information, a backend configuration for a fiber optic resource;
transmitting, based on the configuring of the cellular frontend connection and the configuring of the optical fiber backend connection, traffic from a user equipment attached to the access point towards an endpoint device in accordance with a plurality of rules.
and routing a portion of traffic between the user equipment and the endpoint device via the communication path according to the frontend configuration and the backend configuration
Claim 8, The device of claim 1, wherein the customer premises equipment supports the frontend configuration being implemented via a mobile broadband access point of the customer premises.
However, Claim 1 of Application No. 18/813237 differs from Claims 1 and 8 of U.S. Patent No. 12101121 B2 because Claim 1 of Application No. 18/813237 does not include “causing adaptation of a communication path between a user equipment and an endpoint device, wherein the user equipment employs the mobile broadband resource, and wherein a portion of the communication path to the endpoint device is supported by the fiber optic resource; wherein the adaptation of the communication path is based on a path selection rule related to adaptively routing the portion of the traffic, wherein determining the backend configuration for the fiber optic resource comprises determining the path selection rule, wherein the path selection rule enables the adaptively routing of the portion of the traffic based on a performance of a network according to a defined network performance metric, and wherein the network is external to a customer premises corresponding to the customer premises equipment.”
It is clear that all the elements of the application claim 1 are to be found in patent claims 1 and 8 (as the application claim 1 fully encompasses patent claims 1 and 8). The difference between the application claim 1 and the patent claims 1 and 8 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claims 1 and 8 of the patent is in effect a “species” of the “generic” invention of the application claim 1. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 1 is anticipated by claims 1 and 8 of the patent, it is not patentably distinct from claims 1 and 8 of the patent.
Regarding claim 5,
Claim 5 of Application No. 18/813237
Claim 1 US Patent No. 12101121 B2
The device of claim 1, wherein the transmitting of the traffic comprises adaptively routing a portion of the traffic based on a performance of a network according to a defined network performance metric.
the path selection rule enables the adaptively routing of the portion of the traffic based on a performance of a network according to a defined network performance metric
Regarding claim 6,
Claim 6 of Application No. 18/813237
Claim 1 US Patent No. 12101121 B2
The device of claim 5, wherein the network is external to a customer premises corresponding to the customer premises equipment.
wherein the network is external to a customer premises corresponding to the customer premises equipment.
Regarding claim 7,
Claim 7 of Application No. 18/813237
Claim 2 US Patent No. 12101121 B2
The device of claim 6, wherein the endpoint device is located remotely from the customer premises.
The device of claim 1, wherein the endpoint device is located remotely from the customer premises.
Regarding claim 8,
Claim 8 of Application No. 18/813237
Claim 3 US Patent No. 12101121 B2
The device of claim 6, wherein the endpoint device is located at the customer premises.
The device of claim 1, wherein the endpoint device is located at the customer premises.
Regarding claim 9,
Claim 9 of Application No. 18/813237
Claim 6 US Patent No. 12101121 B2
The device of claim 1, wherein the plurality of rules includes a first rule that enables adaptively routing a portion of the traffic based on a monetary cost of using a network.
The device of claim 1, wherein the path selection rule enables the adaptively routing of the portion of the traffic based on a monetary cost of using the network.
Regarding claim 10,
Claim 10 of Application No. 18/813237
Claims 13 and 14 US Patent No. 12101121 B2
A method, comprising: configuring, by a processing system including a processor, a cellular frontend connection for an access point affiliated with a customer premises equipment based on first information;
A method, comprising: configuring, by the system, the mobile broadband frontend of the customer premises equipment based on a first portion of the information;
configuring, by the processing system, an optical fiber backend connection for the customer premises equipment based on second information; and
configuring, by the system, the fiber optic backend of the customer premises equipment based on a second portion of the information, wherein
transmitting, by the processing system and based on the configuring of the cellular frontend connection and the configuring of the optical fiber backend connection, traffic from a communication device attached to the access point towards an endpoint device in accordance with a plurality of rules.
facilitating, by the system, steering a portion of traffic between the user equipment and the endpoint device via a communication path comprising the mobile broadband frontend and the fiber optic backend; and updating, by the system in response to receiving updated information that represents an update of the information, a first configuration of the mobile broadband frontend and a second configuration of the fiber optic backend.
Claim 14. selecting a specified portion of available spectrum based on spectral use information comprised in the information pertinent to the configuring of the customer premises equipment.
However, Claim 10 of Application No. 18/813237 differs from Claims 13 and 14 of U.S. Patent No. 12101121 B2 because Claim 10 of Application No. 18/813237 does not include “facilitating, by a processor of a system, receiving information pertinent to configuring a customer premises equipment enabling a mobile broadband frontend and a fiber optic backend supporting communication between a user equipment and an endpoint device; the fiber optic backend enables steering of user equipment traffic via an optical fiber employed by the customer premises equipment.”
It is clear that all the elements of the application claim 10 are to be found in patent claims 13 and 14 (as the application claim 10 fully encompasses patent claims 13 and 14). The difference between the application claim 10 and the patent claims 13 and 14 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claims 13 and 14 of the patent is in effect a “species” of the “generic” invention of the application claim 10. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 10 is anticipated by claims 13 and 14 of the patent, it is not patentably distinct from claims 13 and 14 of the patent.
Regarding claim 14,
Claim 14 of Application No. 18/813237
Claim 4 US Patent No. 12101121 B2
The method of claim 10, wherein the transmitting of the traffic comprises adaptively routing a portion of the traffic based on a performance of a network.
The device of claim 1, wherein the adaptively routing the portion of the traffic comprises routing the portion of the traffic via one fiber optic resource.
Regarding claim 15,
Claim 15 of Application No. 18/813237
Claim 1 US Patent No. 12101121 B2
The method of claim 14, wherein the network is external to a customer premises corresponding to the customer premises equipment.
the network is external to a customer premises corresponding to the customer premises equipment.
Regarding claim 16,
Claim 16 of Application No. 18/813237
Claim 2 US Patent No. 12101121 B2
The method of claim 15, wherein the endpoint device is located remotely from the customer premises.
The device of claim 1, wherein the endpoint device is located remotely from the customer premises.
Regarding claim 17,
Claim 17 of Application No. 18/813237
Claim 3 US Patent No. 12101121 B2
The method of claim 15, wherein the endpoint device is located at the customer premises.
The device of claim 1, wherein the endpoint device is located at the customer premises.
Regarding claim 18,
Claim 18 of Application No. 18/813237
Claim 15 US Patent No. 12101121 B2
A non-transitory machine-readable storage medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations, comprising:
A non-transitory machine-readable storage medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations, comprising:
configuring a cellular frontend connection for an access point affiliated with a customer premises equipment based on first information;
configuring a mobile broadband frontend of a customer premises equipment based on a first portion of received information that is determined to be relevant to configuring the customer premises equipment,
configuring an optical fiber backend connection for the customer premises equipment based on second information; and
configuring a fiber optic backend of the customer premises equipment based on a second portion of the received information,
transmitting, based on the configuring of the cellular frontend connection and the configuring of the optical fiber backend connection, traffic from a user equipment attached to the access point towards an endpoint device in accordance with at least one rule.
routing a portion of traffic between the mobile device and the endpoint device via a communication path in accord with a first configuration of the mobile broadband frontend and a second configuration of the fiber optic backend
However, Claim 18 of Application No. 18/813237 differs from Claim 15 of U.S. Patent No. 12101121 B2 because Claim 18 of Application No. 18/813237 does not include “the mobile broadband frontend enables communication between a mobile device and an endpoint device; wherein the fiber optic backend enables the communication between the mobile device and the endpoint device, and wherein the fiber optic backend facilitates adaptively routing mobile device traffic via an optical fiber employed by the fiber optic backend; and updating a configuration selected from a group of configurations comprising the first configuration of the mobile broadband frontend, the second configuration of the fiber optic backend, and both the first configuration and the second configuration.”
It is clear that all the elements of the application claim 18 are to be found in patent claim 15 (as the application claim 18 fully encompasses patent claim 15). The difference between the application claim 18 and the patent claim 15 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claim 15 of the patent is in effect a “species” of the “generic” invention of the application claim 18. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 18 is anticipated by claim 15 of the patent, it is not patentably distinct from claim 15 of the patent.
Regarding claim 19,
Claim 19 of Application No. 18/813237
Claim 16 US Patent No. 12101121 B2
The non-transitory machine-readable storage medium of claim 18, wherein the configuring of the cellular frontend connection comprises configuring a mobile broadband access point device at a customer premises corresponding to the customer premises equipment.
The non-transitory machine-readable storage medium of claim 15, wherein the configuring of the mobile broadband frontend comprises configuring a mobile broadband access point device at a customer premises corresponding to the customer premises equipment.
Regarding claim 20,
Claim 20 of Application No. 18/813237
Claim 17 US Patent No. 12101121 B2
The non-transitory machine-readable storage medium of claim 18, wherein the first information includes spectral landscape information.
The non-transitory machine-readable storage medium of claim 15, wherein the first portion of the received information corresponds to a spectral landscape.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 10, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yigit et al. (US10992385B2).
Regarding claim 1, Yigit et al. discloses A device (Fig. 5), comprising:
a processor (Fig. 5; Column 4, lines 42-45; a processor implements a method to coordinate assignment of total upstream and downstream bandwidth in a mobile network); and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations (Fig. 5; Column 4, lines 40-45; non-transitory computer storage medium storing computer readable program code which, when executed by a processor implements a method), comprising:
configuring a cellular frontend connection (Fig. 6; Fig. 5; Column 2, lines 8-10; a plurality of user equipment, (UE)s, is shown. The access is wireless/cellular. The frontend of optical network is connected to the radio access network (RAN)) for an access point affiliated with a customer premises equipment (Fig. 6; the RAN serves as an access point where the RAN bridges wireless devices to a wired network. A plurality of ONU is connected to the RAN) based on first information (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; the Network Slice Selection Assistance ID (NSSAI) of different UEs is assigned to different Profile ID. The different Profile ID is further assigned to different VLAN ID. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port);
configuring an optical fiber backend connection for the customer premises equipment based on second information (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; The backend of ONU110 is connected to the OLT 120. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port); and
transmitting, based on the configuring of the cellular frontend connection and the configuring of the optical fiber backend connection (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port), traffic from a user equipment attached to the access point towards an endpoint device (Fig. 6; the data traffic from a plurality of UEs are sent to OLT through the RAN (access point)) in accordance with a plurality of rules (Fig. 5; Fig. 4; the data is sent according to the mapping rules as shown).
Regarding claim 10, Yigit et al. discloses A method (Fig. 5), comprising:
configuring, by a processing system including a processor (Fig. 5; Column 4, lines 40-45; non-transitory computer storage medium storing computer readable program code which, when executed by a processor implements a method), a cellular frontend connection (Fig. 6; Fig. 5; Column 2, lines 8-10; a plurality of user equipment, (UE)s, is shown. The access is wireless/cellular. The frontend of optical network is connected to the radio access network (RAN)) for an access point affiliated with a customer premises equipment (Fig. 6; the RAN serves as an access point where the RAN bridges wireless devices to a wired network. A plurality of ONU is connected to the RAN) based on first information (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; the Network Slice Selection Assistance ID (NSSAI) of different UEs is assigned to different Profile ID. The different Profile ID is further assigned to different VLAN ID. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port);
configuring, by the processing system, an optical fiber backend connection for the customer premises equipment based on second information (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; The backend of ONU110 is connected to the OLT 120. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port); and
transmitting, by the processing system and based on the configuring of the cellular frontend connection and the configuring of the optical fiber backend connection (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port), traffic from a communication device attached to the access point towards an endpoint device (Fig. 6; the data traffic from a plurality of UEs are sent to OLT through the RAN (access point)) in accordance with a plurality of rules (Fig. 5; Fig. 4; the data is sent according to the mapping rules as shown).
Regarding claim 18, Yigit et al. discloses A non-transitory machine-readable storage medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations (Fig. 5; Column 4, lines 40-45; non-transitory computer storage medium storing computer readable program code which, when executed by a processor implements a method), comprising: configuring a cellular frontend connection (Fig. 6; Fig. 5; Column 2, lines 8-10; a plurality of user equipment, (UE)s, is shown. The access is wireless/cellular. The frontend of optical network is connected to the radio access network (RAN)) for an access point affiliated with a customer premises equipment (Fig. 6; the RAN serves as an access point where the RAN bridges wireless devices to a wired network. A plurality of ONU is connected to the RAN) based on first information (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; the Network Slice Selection Assistance ID (NSSAI) of different UEs is assigned to different Profile ID. The different Profile ID is further assigned to different VLAN ID. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port);
configuring an optical fiber backend connection for the customer premises equipment based on second information (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; The backend of ONU110 is connected to the OLT 120. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port); and
transmitting, based on the configuring of the cellular frontend connection and the configuring of the optical fiber backend connection (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port), traffic from a user equipment attached to the access point towards an endpoint device (Fig. 6; the data traffic from a plurality of UEs are sent to OLT through the RAN (access point)) in accordance with at least one rule (Fig. 5; Fig. 4; the data is sent according to the mapping rules as shown).
Regarding claim 19, the present system discloses The non-transitory machine-readable storage medium of claim 18, as described and applied above, wherein the configuring of the cellular frontend connection comprises configuring a mobile broadband access point device at a customer premises corresponding to the customer premises equipment (Fig. 6; the base station 100 is connected to the ONU. The base station serves as an access point where the base station bridges wireless devices to a wired network.).
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, 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) 2 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yigit et al. (US10992385B2) in view of Biegert et al. (US8401387B2).
Regarding claim 2, the present system discloses The device of claim 1, as described and applied above, wherein a first rule of the plurality of rules provides that the transmitting of the traffic (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; the Network Slice Selection Assistance ID (NSSAI) of different UEs is assigned to different Profile ID. The different Profile ID is further assigned to different VLAN ID. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port) includes routing first data packets of the traffic (Fig. 6; the traffic is also transmitted downstream from the OLT 120 to UEs according to NSSAI) via a first fiber (Fig. 6; the fiber feed 143) and second data packets of the traffic (Fig. 6; the traffic is transmitted downstream from the OLT 120 to UEs according to NSSAI) via the first fiber (Fig. 6; the fiber feed 143).
However, the present system does not expressly disclose a first gateway and a second gateway that is different from the first gateway.
Biegert et al. discloses a first gateway and a second gateway that is different from the first gateway (Fig. 2; Fig. 5; the subscriber gateway devices 29A and 29B are shown).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add gateway devices, as taught by Biegert et al., in the present system. A subscriber gateway is well-known. It is needed to connect users to an internet provider, handle user logins, and manage data traffic. It checks user names and passwords to allow network entry. It also directs data traffic between homes and the main provider network, and controls speed limits.
Regarding claim 11, the present system discloses The method of claim 10, as described and applied above, wherein a first rule of the plurality of rules provides that the transmitting of the traffic (Fig. 6; Fig. 4A; Fig. 5; Column 10, line 67-Column 11, line 3; the Network Slice Selection Assistance ID (NSSAI) of different UEs is assigned to different Profile ID. The different Profile ID is further assigned to different VLAN ID. The traffic classifier in ONU 110a and 110b grooms traffic according to VLAN tags and sends them in upstream direction towards the corresponding GEM port) includes routing first data packets of the traffic (Fig. 6; the traffic is also transmitted downstream from the OLT 120 to UEs according to NSSAI) via a first fiber and second data packets of the traffic via the first fiber (Fig. 6; the fiber feed 143).
However, the present system does not expressly disclose a first gateway and a second gateway that is different from the first gateway.
Biegert et al. discloses a first gateway and a second gateway that is different from the first gateway (Fig. 2; Fig. 5; the subscriber gateway devices 29A and 29B are shown).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add gateway devices, as taught by Biegert et al., in the present system. A subscriber gateway is well-known. It is needed to connect users to an internet provider, handle user logins, and manage data traffic. It checks user names and passwords to allow network entry. It also directs data traffic between homes and the main provider network, and controls speed limits.
Allowable Subject Matter
Claims 3-9, 12-17, and 20 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
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JAI M. LEE
Examiner
Art Unit 2634
/JAI M LEE/Examiner, Art Unit 2634
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