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 1-20 are pending.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 5, 7-9, 11, 12, 14-16, 18 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Seidel et al, application no. 2024/0236847, hereinafter known as Seidel.
As to claim 1, Seidel discloses an apparatus configured to: transmit an energy saving capability request to a distributed unit (DU) (Seidel, figure 2, apparatus 300, DU 200 and RU 20 in a communication systems, figure 12, step 470, [0104]-[0106], apparatus sending an energy saving capability request for energy saving function of radio unit); receive, from the DU, an energy saving capability of a radio unit (RU) associated with the DU (Seidel, Figure 12, step 472, [0104]-[0106], receive from DU the energy saving information of RU), wherein the energy saving capability comprises at least one of: a plurality of sleep modes of an Advanced Sleep Mode (ASM) and a plurality of array modes of an antenna mask (TRX) control that can be performed by the RU (Seidel, figure 4, [0019], [0106], page 13, [0220]-[0228] plurality of sleep modes for range of sleep options), and wherein the energy saving capability further comprises a capability range associated with the at least one of: the plurality of sleep modes and the plurality of array modes (Seidel, figure 4, [0019], [0106], page 13, [0220]-[0228] plurality of sleep modes for range of sleep options); select a value within the capability range (Seidel, [0242], sleep mode range selected); and transmit the selected value to the DU (Seidel, figure 12, [0104]-[0106], sending selected value to the DU).
As to claim 2, Seidel discloses each value within the capability range is associated with at least one of: a sleep mode of the plurality of sleep modes and an array mode of the plurality of array modes; and the selected value within the capability range is associated with at least one of: a sleep mode of the plurality of sleep modes and an array mode of the plurality of array modes to be executed by the DU (Seidel, [0220]-[0228], sleep mode chosen from plural of sleep modes for use by DU).
As to claim 4, Seidel discloses wherein the capability range comprises a range of values from a first value representing a maximum user experience and a minimum energy saving performance of the RU to a second value representing a minimum user experience and a maximum energy saving performance of the RU (Seidel, [0232]-[0233], relationship between throughput and level of sleep mode; where deeper sleep mode (maximum energy savings) means less throughput and lower throughput impacts and reduces user experience and vice versa).
As to claim 5, Seidel discloses wherein each of the plurality of sleep modes is associated with a component of the RU and a sleep duration, and wherein the sleep duration comprises a duration when the associated component of the RU is disabled (Seidel, figure 20 and 21, sleep state level for RU including shutdown state (disabled)).
As to claim 7, Seidel discloses wherein the apparatus is configured to select the value within the capability range using an Artificial Intelligence (AI)/Machine Learning (ML) model (Seidel, [0034]-[0040], machine learning model for selecting energy efficient capability range).
As to claims 8, 9, 11, 12 and 14, the claims are rejected as applied to claims 1, 2, 4, 5 and 7 respectively above by Seidel.
As to claims 15, 16, 18 and 19, the claims are rejected as applied to claims 1, 2, 4 and 5 respectively above by Seidel.
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.
Claims 3, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Seidel in view of et al, application no. 2024/0236847, hereinafter known as Seidel in view of Garyantes et al, application no. 2024/0214927, hereinafter known as Garyantes.
As to claim 3, Seidel discloses the apparatus according to claim 2. Seidel does not expressly disclose however Garyantes discloses wherein the at least one of: the sleep mode of the plurality of sleep modes and the array mode of the plurality of array modes associated with the selected value is executed by the DU via messages with other parts of network. Seidel does not disclose however Garyantes disclose DU communicating using a Section Type 4 (ST4) C-Plane messages (Garyantes, [0087]-[0100], power saving messages sent using section type 4 messages).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Seidel to include the limitations of DU communicating using a Section Type 4 (ST4) C-Plane messages as taught by Garyantes. Section Type 4 messages are known in part communication standards in the art for the C-Plane.
As to claims 10 and 17, the claims are each rejected as applied to claim 3 above by Seidel in view of Garyantes.
Claims 6, 13, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Seidel in view of et al, application no. 2024/0236847, hereinafter known as Seidel, NETWORK ENERGY EFFICIENCY by NGMN Alliance Version: Date: 1.1 07.12.2021 Document Type: Final Deliverable (approved) Confidentiality Class: P - Public Project: Editor / Submitter: Green Future Networks Johan von Perner (Huawei), Vasilis Friderikos (KCL) Contributors: Approved by / Date: Javan Erfanian, Bell Canada Jianhua Liu, China Mobile Saima Ansari, Deutsche Telekom Daniel Dianat, Ericsson David López-Pérez, Huawei Johan von Perner, Huawei Vasislis Friderikos, Mischa Dohler, King's College London (KCL) Ljupco Jorguseski, TNO NL Emre Bilgehan Gedik, Korhan Yaman, Gökhan KALEM, Turkcell Ana Galindo Serrano, Maria Oikonomakou, Orange Gary Li, William Redmond, Intel Marie-Paule Odini, HPE NGMN Board, 15th December 2021 (IDS submitted art), hereinafter known as NGMN.
As to claim 6, Seidel discloses the apparatus according to claim 2. Seidel does not expressly disclose however NGMN discloses wherein each of the plurality of array modes is associated with an antenna element of the RU to disable (NGMN, 5.3.3, 5.3.4, plurality of array turned off as needed for power saving).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Seidel to include the limitations of wherein each of the plurality of array modes is associated with an antenna element of the RU to disable as taught by NGMN. Shutting down parts of communication apparatus during low traffic to enable power consumption savings as well known in the art
As to claims 13 and 20, the claims are each rejected as applied to claim 6 above by Seidel in view of NGMN.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached at 571-272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GAUTAM SHARMA/ Examiner, Art Unit 2467
/HASSAN A PHILLIPS/ Supervisory Patent Examiner, Art Unit 2467
Prosecution Insights