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 .
The 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)(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) 5, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kallin et al (US Patent No. 9,241,280 B2).
With respect to claim 5, Kallin teaches a method implemented by a network device (radio network node) and comprising: receiving, from a network management device, a test instruction instructing the network device to determine a test terminal device (user equipment 120) from terminal devices that access the network device (col. 3, lines 46-63 disclose the wireless communication system further comprises a network management node. A test transmission schedule is defined by the network management node. The test transmission schedule is to be provided to the first radio network node for the purpose of performing test transmissions; col. 7, lines 20-51 disclose measurements reported from the test transmissions to the user equipment 120) and instructing the network device to allocate a resource block (RB) of a preset size to the test terminal device so that the test terminal device has a data transmission capability corresponding to the RB, wherein the RB is based on an available RB of the network device (col. 3, lines 46-63 disclose the first radio network node allocates a test resource block among the available resources according to the test transmission schedule, for test purposes; col. 4, lines 14-19; col. 6, lines 22-28); receiving, from the test terminal device and based on the data transmission capability, to-be-transmitted data (col. 4, lines 6-10 disclose the first base station obtains performance data. The performance data relates to a radio quality measured by a second radio network node during the test transmission, or is an indicator in the first radio network node that a transmission error occurred during the test transmission; col. 7, lines 12-33); and reporting, to the network management device and based on the to-be-transmitted data, a transmission rate to enable the network management device to determine, based on the transmission rate, whether the network device is able to provide a network service that meets a first preset condition (col. 4, lines 10-13 disclose the first radio network node sends the performance data to the network management node. The network management node evaluates the test value based on the performance data; the performance data may comprise indications of a service failure; col. 5, lines 27-32; col. 7, lines 25-44).
With respect to claim 8, Kallin teaches wherein the network device comprises a base station (col. 4, lines 41-50 disclose the first base station 105, the second base station 110 and the third base station 115 are radio network nodes).
With respect to claim 9, Kallin teaches wherein the test terminal device comprises a customer-premises equipment (CPE) (user equipment 120, Figs. 1-2).
Allowable Subject Matter
Claims 1-4 and 10-20 are allowed.
Claims 6-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEIKH T NDIAYE whose telephone number is (571)270-3914. The examiner can normally be reached Monday-Friday 8:00am-5:30pm.
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/CHEIKH T NDIAYE/Primary Examiner, Art Unit 2447
9/21/2026
