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 .
Detailed Action
Claims 1-20 are presenting for examination.
Non-statutory double patenting rejection
The non-statutory 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 non-statutory 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 non-statutory 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).
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Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,170,954. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 954 anticipates the claimed invention as shown in the table below.
18/938,954
12,170,954
1. A method comprising: determining, by a device, that data units associated with a communication session match a network slicing rule for a cellular wireless network; classifying, by the device, the communication session to a network slice based on the network slicing rule; and assigning, by the device, the data units associated with the communication session to the network slice.
1. A method comprising: detecting, by a device, that a communication session in a private cellular wireless network is associated with an application; determining, by the device, that data units associated with the communication session match a network slicing rule associated with the private cellular wireless network; classifying, by the device, the communication session to a network slice based on the network slicing rule; and assigning, by the device, the data units associated with the communication session to the network slice.
2. The method of claim 1, wherein the
network slicing rule assigns different
applications of a same application type to
different network slices.
2. The method of claim 1, wherein the network slicing rule assigns different applications of a same application type to different network slices.
3. The method of claim 1, further comprising: receiving the network slicing rule from an orchestration device, wherein the network slicing rule assigns a particular application to a particular network slice; and storing the network slicing rule in a database associated with a traffic classifier.
3. The method of claim 1, further comprising: receiving the network slicing rule from an orchestration device, wherein the network slicing rule assigns a particular application to a particular network slice; and storing the network slicing rule in a database associated with a traffic classifier.
4. The method of claim 1, further comprising: detecting that the data units associated with the communication session include a virtual local area network (VLAN) identifier, wherein the network slicing rule associates the VLAN identifier with an application; detecting that the communication session in the cellular wireless network is associated with the application, in response to detecting that the data units associated with the communication session include the VLAN identifier; and wherein the assigning the data units associated with the communication session to the network slice is performed based on detecting that the communication session in the cellular wireless network is associated with the application.
4. The method of claim 1, wherein the network slicing rule associates a virtual local area network (VLAN) identifier with the application and wherein detecting that the communication session in the private cellular wireless network is associated with the application includes: detecting that data units associated with the communication session include the VLAN identifier.
5. The method of claim 1, further comprising: detecting that the communication session is associated with an Internet Protocol (IP) address and port number, wherein the network slicing rule associates the IP address and port number with an application; detecting that the communication session in the cellular wireless network is associated with the application, in response to detecting that the communication session is associated with the IP address and port number; and wherein the assigning the data units associated with the communication session to the network slice is performed based on detecting that the communication session in the cellular wireless network is associated with the application.
5. The method of claim 1, wherein the network slicing rule associates an Internet Protocol (IP) address and a port number with the application and wherein detecting that the communication session in the private cellular wireless network is associated with the application includes: detecting that data units associated with the communication session are associated with the IP address and the port number.
6. The method of claim 1, further comprising: detecting that the data units associated with the communication session include a device group identifier, wherein the network slicing rule associates the device group identifier with an application; detecting that the communication session in the cellular wireless network is associated with the application, in response to detecting that the data units associated with the communication session include the device group identifier; and wherein the assigning the data units associated with the communication session to the network slice is performed based on detecting that the communication session in the cellular wireless network is associated with the application.
6. The method of claim 1, wherein the network slicing rule associates a device group identifier with the application and wherein detecting that the communication session in the private cellular wireless network is associated with the application includes: detecting that data units associated with the communication session include the device group identifier.
7. The method of claim 1, further comprising: detecting that the data units associated with the communication session satisfy a data unit parameter criterion; and wherein the assigning the data units associated with the communication session to the network slice is performed based on detecting that the data units associated with the communication session in the cellular wireless network satisfy the data unit parameter criterion.
7. The method of claim 1, wherein detecting that the communication session in the private cellular wireless network is associated with the application includes: determining that the data units associated with the communication session satisfy a data unit parameter criterion.
.8. The method of claim 7, wherein detecting that the data units associated with the communication session satisfy the data unit parameter criterion includes at least one of: determining that the data units associated with the communication session are associated with a pattern of one uplink data unit to multiple downlink data units, determining that a payload associated with uplink data units is greater than an uplink payload threshold, or determining that a cumulative payload associated with downlink data units is greater than a downlink payload threshold.
8. The method of claim 7, wherein determining that the data units associated with the communication session satisfy the data unit parameter criterion includes at least one of: determining that the data units associated with the communication session are associated with a pattern of one uplink data unit to multiple downlink data units, determining that a payload associated with uplink data units is greater than an uplink payload threshold, or determining that a cumulative payload associated with downlink data units is greater than a downlink payload threshold.
9. The method of claim 1, further comprising: detecting that the data units associated with the communication session correspond to video data units; and wherein the assigning the data units associated with the communication session to the network slice is performed based on detecting that the data units associated with the communication session correspond to video data units.
9. The method of claim 1, wherein detecting that the communication session in the private cellular wireless network is associated with the application includes: determining that the data units associated with the communication session correspond to video data units.
10. The method of claim 9, wherein detecting that the data units associated with the communication session correspond to video data units includes at least one of: determining that throughput associated with the data units is greater than a throughput threshold, determining that an average downlink payload associated with the data units is greater than a payload threshold, or determining that a data unit count associated with the data units is greater than a data unit count threshold.
10. The method of claim 9, wherein determining that the data units associated with the communication session correspond to video data units includes at least one of: determining that throughput associated with the data units is greater than a throughput threshold, determining that an average downlink payload associated with the data units is greater than a payload threshold, or determining that a data unit count associated with the data units is greater than a data unit count threshold.
11. The method of claim 1, wherein assigning the data units associated with the communication session to the network slice includes: assigning the data units associated with the communication session to a particular class of service.
11. The method of claim 1, wherein assigning the data units associated with the communication session to the network slice includes: assigning the data units associated with the communication session to a particular class of service.
12. The method of claim 1, wherein the device includes: a packet data network gateway (PGW), an eNodeB, a User Plane Function (UPF), or a gNodeB.
12. The method of claim 1, wherein the device includes: a packet data network gateway (PGW), an eNodeB, a User Plane Function (UPF), or a gNodeB.
13. A device comprising: a processor configured to: determine that data units associated with a communication session match a network slicing rule for a cellular wireless network; classify the communication session to a network slice based on the network slicing rule; and assign the data units associated with the communication session to the network slice.
13. A device comprising: a processor configured to: detect that a communication session in a private cellular wireless network is associated with an application; determine that data units associated with the communication session match a network slicing rule associated with the private cellular wireless network; classify the communication session to a network slice based on the network slicing rule; and assign the data units associated with the communication session to the network slice.
14. The device of claim 13, wherein the network slicing rule assigns different applications of a same application type to different network slices.
14. The device of claim 13, wherein the network slicing rule assigns different applications of a same application type to different network slices.
15. The device of claim 13, wherein the processor is further configured to: receive the network slicing rule from an orchestration device, wherein the network slicing rule assigns a particular application to a particular network slice; and store the network slicing rule in a database associated with a traffic classifier.
15. The device of claim 13, wherein the processor is further configured to: receive the network slicing rule from an orchestration device, wherein the network slicing rule assigns a particular application to a particular network slice; and store the network slicing rule in a database associated with a traffic classifier.
16. The device of claim 13, wherein the processor is further configured to: detect that the data units associated with the communication session include a virtual local area network (VLAN) identifier, wherein the network slicing rule associates the VLAN identifier with an application; detect that the communication session in the cellular wireless network is associated with the application, in response to detecting that the data units associated with the communication session include the VLAN identifier; and wherein, when assigning the data units associated with the communication session to the network slice, the processor is configured to perform the assigning based on detecting that the communication session in the cellular wireless network is associated with the application.
16. The device of claim 13, wherein, when detecting that the communication session in the private cellular wireless network is associated with the application, the processor is further configured to at least one of: detect that data units associated with the communication session include a particular virtual local area network (VLAN) identifier; detect that data units associated with the communication session are associated with a particular Internet Protocol (IP) address and a particular port number; or detect that data units associated with the communication session include a particular device group identifier.
17. The device of claim 13, wherein the processor is configured to assign the data units associated with the communication session to the network slice based on at least one of: determining that the data units associated with the communication session are associated with a pattern of one uplink data unit to multiple downlink data units, determining that a payload associated with uplink data units is greater than an uplink payload threshold, or determining that a cumulative payload associated with downlink data units is greater than a downlink payload threshold.
17. The device of claim 13, wherein, when detecting that the communication session in the private cellular wireless network is associated with the application, the processor is further configured to at least one of: determine that the data units associated with the communication session are associated with a pattern of one uplink data unit to multiple downlink data units, determine that a payload associated with uplink data units is greater than an uplink payload threshold, or determine that a cumulative payload associated with downlink data units is greater than a downlink payload threshold.
18. The device of claim 13, wherein the processor is configured to assign the data units associated with the communication session to the network slice based on determining that the data units associated with the communication session correspond to video data units.
18. The device of claim 13, wherein, when detecting that the communication session in the private cellular wireless network is associated with the application, the processor is further configured to at least one of: determine that the data units associated with the communication session correspond to video data units.
19. The device of claim 13, wherein, when assigning the data units associated with the communication session to the network slice, the processor is further configured to: assign the data units associated with the communication session to a particular class of service.
19. The device of claim 13, wherein, when assigning the data units associated with the communication session to the network slice, the processor is further configured to: assign the data units associated with the communication session to a particular class of service.
20. A non-transitory computer-readable memory device storing instructions executable on a processor, the non-transitory computer-readable memory device comprising: one or more instructions to determine that data units associated with a communication session match a network slicing rule for a cellular wireless network; one or more instructions to classify the communication session to a network slice based on the network slicing rule; and one or more instructions to assign the data units associated with the communication session to the network slice.
20. A non-transitory computer-readable memory device storing instructions executable one a processor, the non-transitory computer-readable memory device comprising: one or more instructions to detect that a communication session in a private cellular wireless network is associated with an application; one or more instructions to determine that data units associated with the communication session match a network slicing rule associated with the private cellular wireless network; one or more instructions to classify the communication session to a network slice based on the network slicing rule; and one or more instructions to assign the data units associated with the communication session to the network slice.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
03/29/2026