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 .
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.
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 1-32 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-60 of copending Application No. 18/312,842 in view of Rosendschild et al. (US 2021/0153034).
This is a provisional nonstatutory double patenting rejection.
Co-pending Application No. 18/867,952 is directed to the same invention as Co-Pending Application No. 18/312,842, except for the limitations wherein the vDAS is configured to serve a foreign base station; and the vDAS including a plurality of radio units (RUs), each of the RUs associated with a respective set of coverage antennas.
However, Rosendschild teaches a vDAS configured to serve a foreign base station; and the vDAS including a plurality of radio units (RUs), each of the RUs associated with a respective set of coverage antennas (p. [0002], [0003], [0011]; DAS is configured to receive downlink signals from the base station and includes a plurality of remote antenna units (i.e., RUs)). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Co-Pending Application No. 18/312,842 with the teachings of a vDAS configured to serve a foreign base station; and the vDAS including a plurality of radio units (RUs), each of the RUs associated with a respective set of coverage antennas, as suggested by Rosendschild, since a typical DAS system includes a master unit that is communicatively coupled with a plurality of remote antenna units (i.e., RUs) and further coupling a base station with the DAS system, improve the coverage provided by the base stations (p. [0002]).
Application No. 18/867,952
Co-Pending Application No. 18/312,842
A radio access network (RAN) comprising:
a set of one or more physical server computers configured to execute virtualization software that creates a virtualized environment, wherein the set of physical server computers is configured to instantiate and execute a set of one or more virtual network functions (VNFs) used to implement at least one native base station and a virtual master unit (vMU) of a virtual distributed antenna system (vDAS), wherein the vDAS is configured to serve a foreign base station; and
a plurality of radio units (RUs), each of the RUs associated with a respective set of coverage antennas;
wherein the set of physical server computers is communicatively coupled to the plurality of RUs using a fronthaul network;
wherein the vDAS is configured to receive a set of downlink base station signals from a foreign base station and generate downlink base station data from the set of downlink base station signals;
wherein the vMU is configured to generate downlink transport data derived from the downlink base station data and communicate the downlink transport data to one or more of the RUs;
wherein each of said one or more of the RUs is configured to receive the downlink transport data,
generate a set of downlink analog radio frequency (RF) signals from the downlink transport data, and wirelessly transmit the set of downlink analog RF signals from the respective set of coverage antennas associated with that RU;
wherein each of said one or more of the RUs is configured to receive a respective set of uplink analog RF signals via the respective set of coverage antennas associated with that RU,
generate respective uplink transport data from the respective set of uplink analog RF signals, and communicate the uplink transport data over the fronthaul network;
wherein the vMU is configured to receive uplink transport data derived from the uplink transport communicated over the fronthaul network by each of said one or more of the RUs and generate uplink base station data from the uplink transport data received by the vMU; and
wherein the vDAS is configured to generate a set of uplink base station signals from the uplink base station data and provide the set of uplink base station signals to the foreign base station.
rver computer to the foreign base station.
2. The RAN of claim 1, wherein the vMU is configured to generate the uplink base station data from the uplink transport data received by the vMU by combining user-plane data included in the uplink transport data received from by the vMU.
1. A virtual distributed antenna system (vDAS) comprising: at least one physical server computer configured to execute virtualization software that creates a virtualized environment, wherein the at least one physical server computer is configured to instantiate and execute a set of one or more virtual network functions (VNFs) used to implement a virtual master unit (vMU); and
a plurality of access points (APs), each of the APs associated with a respective set of coverage antennas;
wherein the physical server computer is communicatively coupled to the plurality of APs using a fronthaul network;
wherein the vDAS is configured to receive a set of downlink base station signals from a base station and generate downlink base station data from the set of downlink base station signals;
wherein the vMU is configured to generate downlink transport data derived from the downlink base station data and communicate the downlink transport data to one or more of the APs;
wherein each of said one or more of the APs is configured to receive the downlink transport data,
generate a set of downlink analog radio frequency (RF) signals from the downlink transport data, and wirelessly transmit the set of downlink analog RF signals from the respective set of coverage antennas associated with that AP;
wherein each of said one or more of the APs is configured to receive a respective set of uplink analog RF signals via the respective set of coverage antennas associated with that AP,
generate respective uplink transport data from the respective set of uplink analog RF signals, and communicate the uplink transport data over the fronthaul network;
wherein the vMU is configured to receive uplink transport data derived from the uplink transport communicated over the fronthaul network by each of said one or more of the APs and generate uplink base station data from the uplink transport data received by the vMU; and
wherein the vDAS is configured to generate a set of uplink base station signals from the uplink base station data and provide the uplink base station signals to the base station.
2. The vDAS of claim 1, wherein the vMU is configured to generate the uplink base station data from the uplink transport data received by the vMU by combining user-plane data included in the uplink transport data received by the vMU.
3. The vDAS of claim 1, wherein each of the set of physical server computers comprises at least one physical transport Ethernet interface; and wherein the physical server computer used implement the vMU comprises at least one physical donor interface to couple the physical server computer to the foreign base station.
3. The vDAS of claim 1, wherein the at least one physical server computer comprises: at least one physical donor interface to couple the physical server computer to a base station; and at least one physical transport Ethernet interface; and wherein the physical server computer is communicatively coupled to the fronthaul network using the at least one physical transport Ethernet interface; wherein the physical donor interface is configured to receive the set of downlink base station signals from the base station, generate the downlink base station data from the set of downlink base station signals, and provide the downlink base station data to the vMU; wherein the physical donor interface is configured to generate the set of uplink base station signals from the uplink base station data and provide the uplink base station signals to the base station.
4. The RAN of claim 3, wherein the physical donor interface comprises a physical analog RF donor interface configured to: receive the set of downlink base station signals from the foreign base station as a set of downlink analog RF signals and to generate the downlink base station data from the set of downlink base station signals by performing an analog-to-digital process on the downlink analog RF signals in order to generate the downlink base station data; generate the set of uplink base station signals from the uplink base station data by performing by a digital-to-analog process on the uplink base station data in order to generate a set of uplink analog RF signals; and provide the uplink analog RF signals to the foreign base station.
4. The vDAS of claim 3, wherein the physical donor interface comprises a physical analog RF donor interface configured to: receive the set of downlink base station signals from the base station as a set of downlink analog RF signals and to generate the downlink base station data from the set of downlink base station signals by performing an analog-to-digital process on the downlink analog RF signals in order to generate the downlink base station data; and generate the set of uplink base station signals from the uplink base station data by performing by a digital-to-analog process on the uplink base station data in order to generate a set of uplink analog RF signals; and provide the uplink analog RF signals to the base station.
6. The RAN of claim 1, wherein the vDAS comprises a plurality of vMUs, each of the vMUs serving a different wireless service operator, each of the plurality of vMUs are communicatively coupled to a respective set of foreign base stations.
9. The vDAS of claim 1, wherein the vDAS comprises a plurality of vMUs, each of the vMUs serving a different wireless service operator, each of the plurality of vMUs are communicatively coupled to a respective set of base stations.
7. The RAN of claim 1, wherein the virtualization software is configured to dynamically instantiate VNFs to implement one or more vMUs.
18. The vDAS of claim 1, wherein the virtualization software is configured to dynamically instantiate VNFs to implement one or more vMUs.
8. The RAN of claim 1, wherein the vDAS is configured to serve multiple foreign base stations.
19. The vDAS of claim 1, wherein the vDAS is configured to serve multiple base stations.
9. The RAN of claim 1, wherein the vDAS is configured to serve multiple base stations from multiple wireless service providers.
25. The vDAS of claim 1, wherein the vDAS is configured to serve multiple base stations from multiple wireless service providers.
10. The RAN of claim 1, wherein the vDAS is configured to serve multiple base stations implementing multiple different radio access technologies, multiple base stations using multiple different RF bands or bandwidths, and/or multiple base stations implemented using different technology.
9. The vDAS of claim 1, wherein the vDAS comprises a plurality of vMUs, each of the vMUs serving a different wireless service operator, each of the plurality of vMUs are communicatively coupled to a respective set of base stations.
11. The RAN of claim 1, wherein the physical server computer used to implement the vMU is configured to time slice execution of at least some operations and/or processing performed by the vMU.
26. The vDAS of claim 1, wherein the at least one physical server computer is configured to time slice execution of at least some operations and/or processing performed by the vMU.
12. The RAN of claim 1, wherein the physical server computer used to implement the vMU is configured to time slice execution of at least one of: at least one input-output (IO) operation performed by the vMU and at least some baseband processing performed by the vMU.
27. The vDAS of claim 1, wherein the at least one physical server computer is configured to time slice execution of at least one of: at least one input-output (IO) operation performed by the vMU and at least some baseband processing performed by the vMU.
13. The RAN of claim 1, wherein the vDAS further comprises an intermediate combining node (ICN); and wherein at least one of said one or more of the RUs communicates the respective uplink transport data via the ICN.
10. The vDAS of claim 1, further comprising an intermediate combining node (ICN).
11. The vDAS of claim 10, wherein the ICN comprises:a physical northbound Ethernet interface to communicatively couple the ICN to the vMU; and a plurality of southbound Ethernet interfaces to communicatively couple the ICN to a second plurality of APs.
14. The RAN of claim 13, wherein the ICN is implemented as one of: a physical network function using dedicated special-purpose hardware; and a virtual network function using a physical server.
16. The vDAS of claim 10, wherein the ICN is implemented as a physical network function using dedicated special-purpose hardware.
16. The RAN of claim 1, further comprising a by-pass physical analog RF donor interface configured to by-pass the vMU; and wherein said by-pass physical analog RF donor interface is configured to: receive, from the foreign base station, a set of downlink analog RF signals, generate downlink transport data, and communicate the downlink transport data to one or more RUs via the fronthaul network; and receive uplink transport data derived from the uplink transport communicated over the fronthaul network by each of said one or more of the RUs, generate a set of uplink base station signals from the uplink transport data received by said by-pass physical analog RF donor interface, and provide the set of uplink base station signals to the foreign base station.
29. The vDAS of claim 1, further comprising a by-pass physical analog RF donor interface configured to by-pass the vMU, wherein said by-pass physical analog RF donor interface comprises a physical Ethernet transport interface; and wherein said by-pass physical analog RF donor interface is configured to: receive, from a base station, a set of downlink analog RF signals, generate downlink transport data, and communicate the downlink transport data to one or more APs via the physical Ethernet transport interface of the physical analog RF donor interface; and receive respective uplink transport data from said one or more APs and generate a set of uplink analog RF signals and provide the uplink analog RF signals to the base station.
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.
Claims 1 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Rosendschild et al. (US 2021/0153034) in views of KALIA et al. (US 2022/0377563) and LUPPER et al. (US 2019/0238199).
Regarding claim 1, Rosendschild discloses a radio access network (RAN) comprising:
a set of one or more physical server computers configured to execute virtualization software that creates a virtualized environment (p. [0003]; DAS management virtualization system including virtual system controller), wherein the set of physical server computers is configured to instantiate and execute a set of one or more virtual network functions (VNFs) (p. [0019]) used to implement at least one native base station (Fig. 1, BS 105) and a virtual master unit (vMU) of a virtual distributed antenna system (vDAS) (Fig. 1, vMU 110), wherein the vDAS is configured to serve a foreign base station (Fig. 1, BS 105); and
a plurality of radio units (RUs), each of the RUs associated with a respective set of coverage antennas (Fig. 1, RAUs 140; p. [0010]); and
wherein the vDAS is configured to receive a set of downlink base station signals from a foreign base station and generate downlink base station data from the set of downlink base station signals (p. [0011]).
But, Rosendschild does not particularly disclose wherein the set of physical server computers is communicatively coupled to the plurality of RUs using a fronthaul network;
wherein the vMU is configured to generate downlink transport data derived from the downlink base station data and communicate the downlink transport data to one or more of the RUs;
wherein each of said one or more of the RUs is configured to receive the downlink transport data, generate a set of downlink analog radio frequency (RF) signals from the downlink transport data, and wirelessly transmit the set of downlink analog RF signals from the respective set of coverage antennas associated with that RU;
wherein each of said one or more of the RUs is configured to receive a respective set of uplink analog RF signals via the respective set of coverage antennas associated with that RU, generate respective uplink transport data from the respective set of uplink analog RF signals, and communicate the uplink transport data over the fronthaul network;
wherein the vMU is configured to receive uplink transport data derived from the uplink transport communicated over the fronthaul network by each of said one or more of the RUs and generate uplink base station data from the uplink transport data received by the vMU.
However, Kalia teaches a virtual RAN including a set of physical server computers communicatively coupled to the plurality of RUs using a fronthaul network (p. [0019]-[0022]; the virtualized RAN includes a plurality of radio units 110 which is connected to edge datacenter via front-haul connections, the edge datacenter includes a plurality of servers 130, that includes PHY servers 132).Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Rosendschild with the teachings of Kalia, since these connections are part of an architecture for a virtualized RAN, and coupling the RUs to the physical servers would allow to perform physical layer processing on signals received from the radio units.
Further, Lupper teaches wherein the vMU is configured to generate downlink transport data derived from the downlink base station data and communicate the downlink transport data to one or more of the RUs (p. [0026]-[0027]; the master unit comprises downlink DAS circuitry, downlink DAS circuitry is configured to receive one or more downlink signals from one or more base stations, is configured to generate one or more downlink transport signals and transmit one or more downlink transport signals to one or more of the remote antenna units);
wherein each of said one or more of the RUs is configured to receive the downlink transport data, generate a set of downlink analog radio frequency (RF) signals from the downlink transport data, and wirelessly transmit the set of downlink analog RF signals from the respective set of coverage antennas associated with that RU (p. [0028]; remote antenna unit comprises downlink circuitry configured to receive the downlink transport signals transmitted from the one or more master units and generate one or more downlink radio frequency signals that are radiated from one or more antennas associated with the remote units);
wherein each of said one or more of the RUs is configured to receive a respective set of uplink analog RF signals via the respective set of coverage antennas associated with that RU, generate respective uplink transport data from the respective set of uplink analog RF signals, and communicate the uplink transport data over the fronthaul network (p. [0029]);
wherein the vMU is configured to receive uplink transport data derived from the uplink transport communicated over the fronthaul network by each of said one or more of the RUs and generate uplink base station data from the uplink transport data received by the vMU (p. [0029]; the remote antenna units generate one or more uplink transport signals and transmit the one or more uplink transport signals to the master units).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Rosendschild and Kalia with the teachings of Lupper, since such a modification would enable the exchange of downlink and uplink signals between the base station and the radio units in a virtualized DAS environment.
Regarding claim 17, Rosendschild discloses a method of providing wireless communication using a radio access network (RAN) comprising a set of one or more physical server computers configured to execute virtualization software that creates a virtualized environment (p. [0003]; DAS management virtualization system including virtual system controller), wherein the set of physical server computers is configured to instantiate and execute a set of one or more virtual network functions (VNFs) (p. [0019]) used to implement at least one native base station (Fig. 1, BS 105) and a virtual master unit (vMU) of a virtual distributed antenna system (vDAS) (Fig. 1, vMU 110), the vDAS configured to serve a foreign base station (Fig. 1, BS 105), the RAN further comprising a plurality of radio units (RUs), each of the RUs associated with a respective set of coverage antennas (Fig. 1, RAUs 140; p. [0010]), the method comprising:
receiving a set of downlink base station signals from a foreign base station (p. [0011]);
generating downlink base station data from the set of downlink base station signals (p. [0011]).
But, Rosendschild does not particularly disclose wherein the set of physical server computers is communicatively coupled to the plurality of RUs using a fronthaul network; and the method further comprising:
generating, by the vMU, downlink transport data derived from the downlink base station data;
communicating, by the VMU, the downlink transport data to one or more of the RUs;
receiving, by each of the one or more RUs, the downlink transport data,
generating a respective a set of downlink analog radio frequency (RF) signals from the downlink transport data;
wirelessly transmitting the respective set of downlink analog RF signals from the respective set of coverage antennas associated with that RU;
wirelessly receiving, by each of said one or more of the RUs, a respective set of uplink analog RF signals via the respective set of coverage antennas associated with that RU;
generating, by each of said one or more of the RUs, respective uplink transport data from the respective set of uplink analog RF signals received by that RU;
communicating, by each of said one or more of the RUs, the respective uplink transport data over the fronthaul network;
receiving, by the vMU, uplink transport data derived from the respective uplink transport communicated from each of said one or more of the RUs;
generating, by the vMU, uplink base station data from the uplink transport data received by the vMU;
generating a set of uplink base station signals from the uplink base station data; and
providing the set of uplink base station signals to the foreign base station.
However, Kalia teaches a virtual RAN including a set of physical server computers communicatively coupled to the plurality of RUs using a fronthaul network (p. [0019]-[0022]; the virtualized RAN includes a plurality of radio units 110 which is connected to edge datacenter via front-haul connections, the edge datacenter includes a plurality of servers 130, that includes PHY servers 132).Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Rosendschild with the teachings of Kalia, since these connections are part of an architecture for a virtualized RAN, and coupling the RUs to the physical servers would allow to perform physical layer processing on signals received from the radio units.
Further, Lupper teaches generating, by the vMU, downlink transport data derived from the downlink base station data; communicating, by the VMU, the downlink transport data to one or more of the RUs (p. [0026]-[0027]; the master unit comprises downlink DAS circuitry, downlink DAS circuitry is configured to receive one or more downlink signals from one or more base stations, is configured to generate one or more downlink transport signals and transmit one or more downlink transport signals to one or more of the remote antenna units);
receiving, by each of the one or more RUs, the downlink transport data (p. [0028]; remote antenna unit comprises downlink circuitry configured to receive the downlink transport signals transmitted from the one or more master units),
generating a respective a set of downlink analog radio frequency (RF) signals from the downlink transport data (p. [0028]; remote antenna unit generate one or more downlink radio frequency signals that are radiated from one or more antennas associated with the remote units);
wirelessly transmitting the respective set of downlink analog RF signals from the respective set of coverage antennas associated with that RU (p. [0028]; the one or more downlink radio frequency signals are radiated (i.e., transmitted) from the one or more antennas for reception by user equipment);
wirelessly receiving, by each of said one or more of the RUs, a respective set of uplink analog RF signals via the respective set of coverage antennas associated with that RU (p. [0029]; each remote antenna unit comprises uplink DAS circuitry that is configured to receive uplink radio frequency signals);
generating, by each of said one or more of the RUs, respective uplink transport data from the respective set of uplink analog RF signals received by that RU (p. [0029]; uplink DAS circuitry is configured to generate one or more uplink transport signals);
communicating, by each of said one or more of the RUs, the respective uplink transport data over the fronthaul network (p. [0029]; each remote antenna unit transmit the one or more uplink transport signals to one or more of the master units);
receiving, by the vMU, uplink transport data derived from the respective uplink transport communicated from each of said one or more of the RUs (p. [0029]; the master units receive the uplink signals transmitted by each of the remote antenna units);
generating, by the vMU, uplink base station data from the uplink transport data received from all said one or more RUs (p. [0027], lines 21-27);
generating a set of uplink base station signals from the uplink base station data (p. [0027], lines 21-27); and
providing the set of uplink base station signals to the foreign base station (p. [0027], lines 21-27).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Rosendschild and Kalia with the teachings of Lupper, since such a modification would enable the exchange of downlink and uplink signals between the base station and the radio units in a virtualized DAS environment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISOL FIGUEROA whose telephone number is (571)272-7840. The examiner can normally be reached Mon-Thurs 8:00am-4:30pm.
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/MARISOL FIGUEROA/
Primary Examiner
Art Unit 2643
Prosecution Insights