DETAILED ACTION
This office action is in response to the application filed on November 13, 2024.
Claims 1-20 are pending in this application.
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 .
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, 2, 4, 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kakinada et al (US 2019/0115950 Al) (hereinafter “Kakinada”) and in further view of Umeda et al (US 2022/0132503 Al) (hereinafter “Umeda”).
Regarding claim 1, Kakinada teaches a method for using overlapping frequency bands, the method comprising:
receiving, by a cellular network, priority data indicative that for a defined geographic region the cellular network is a highest priority user (Kakinada, [0015] wherein under the FCC system, the standard FSAS 202 includes the following elements: (1) CBSD registration; (2) interference analysis; (3) incumbent protection; ( 4) PAL license validation; (5) CBSD channel assignment; (6) CBSD power limits; (7) PAL protection; FIG. 6 wherein a UE is roaming from its Mobile Network Operator (MNO) to a CBSD of a Multiple Systems Operator (MSO); [0170] wherein the client device is an LTE enabled UE of a roaming MNO subscriber; FIG. 6 wherein the FSAS learns the geographic location of the CBSD through a mandatory registration procedure wherein +the CBSD reports its coordinates. The FSAS calculates the MSO’s PAL Protection Area (geographic footprint) using CBSDs’ coordinates; FIG.6 step 608 wherein the spectrum grant response includes a specific channel that is protected from General Authorized Access (GAA). The MSO is a PAL user and is the highest priority user at this point because no incumbents are in the geographic area served by CBSD 314.);
determining, by the cellular network, based on the priority data, to use a first portion of the citizen band radio service (CBRS) for communication with a plurality of user equipment (UEs) within the defined geographic region (FIG. 6 step 611 wherein the MSO CBRS Controller 310 instructs CBSD 314 to use all or some of the CBRS frequencies approved by FSAS 202 in step 608 to communicate with UE 306c);
determining, by the cellular network, to use a second portion of a frequency band distinct from the CBRS for communication with the plurality of UEs (Kakinada, [0146] wherein the client device can configure and manage its various air interfaces (including WLAN, CBRS-LTE, and non-CBRS LTE; [0149] wherein different classes of CBSD 314 (e.g., eNB) may be utilized.);
Kakinada does not explicitly teach:
in response to (1) determining to use the first portion of the CBRS based on the priority data and (2) determining to use the second portion of the frequency band distinct from the CBRS, transmitting, by the cellular network, a message activating a single frequency band definition at the plurality of UEs, wherein the message causes use of the first portion of the CBRS and the second portion of the frequency band distinct from the CBRS to the UE.
Umeda teaches that a gNB can send a RRC Reconfiguration message to instruct a UE to configure carrier aggregation (Umeda, FIG. 2, step 212; [0082] wherein in response to the RRC Reconfiguration message, the UE 106 performs CA configuration).
It would have been obvious to one of ordinary skill in the art at the effective date of the application to modify the call flow in FIG. 6 of Kakinada’s teaching to add a step after step 611 for CBSD 314 to send a RRC Reconfiguration message to UE 306c to configure a single frequency band (e.g., LTE band 43) with a CBRS frequency block and a distinct LTE band 43 frequency block.
Activating a single frequency band definition at a UE causing use of a CBRS portion and a second portion distinct from CBRS would improve bandwidth due to combining multiple frequency channels into a single wider data pipe and improve indoor coverage due to CBRS small cells.
Regarding claim 2, Kakinada as improved by Umeda, teaches the method of claim 1, further comprising:
communicating, by a base station (BS) of the cellular network, with a UE of the plurality of UEs using the first portion of the CBRS and the second portion of the frequency band distinct from the CBRS (Kakinada, FIG.6 step 614; [0192] wherein the CBSD (operating effectively as an eNodeB) communicates with the UE using CBRS frequency blocks and LTE band 43 frequency blocks).
The teaching of Kakinada is combined with Umeda under the same rationale as claim 1.
Regarding claim 4, Kakinada as improved by Umeda, teaches the method for using overlapping frequency bands of claim 3, wherein the cellular network is a 5G New Radio (NR) cellular network and communicating by the BS with the UE is performed via a 5G NR cellular communication protocol (Umeda, FIG. 2 wherein gNB 102 of a 5G NR cellular network communicates with UE 100 via a 5G NR communication protocol).
The teaching of Kakinada is combined with Umeda under the same rationale as claim 3.
Regarding claim 11, Kakinada as improved by Umeda, teaches a system for using overlapping frequency bands, the system comprising:
a cellular network (Kakinada, FIG. 6 wherein MNO Core 411 belongs to a cellular operator) that is in communication with a sensor network (Kakinada, FIG. 4b wherein box 207 is an incumbent detection (environmental sensing) function), wherein the cellular network comprises a plurality of base stations and a cellular network core, the cellular network being configured to perform the operations in claim 1 (see mapping to claim 1).
Regarding claim 12, Kakinada as improved by Umeda, teaches:
The system for using overlapping frequency bands of claim 11, wherein the cellular network is configured to perform the operations in claim 2 (see mapping to claim 2).
Regarding claim 14, Kakinada as improved by Umeda, teaches the system for using overlapping frequency bands of claim 13 configured to perform the operations in claim 4 (see mapping to claim 4).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kakinada in view of Umeda and in further view of (Signaling Protocols and Procedures for Citizens Broadband Radio Service (CBRS): Spectrum Access System (SAS) - Citizens Broadband Radio Service Device (CBSD) Interface Technical Specification Document WINNF-TS-0016 Version V1.2.7 21 March 2022) (hereinafter “WINNF-TS-0016”.
Regarding claim 3, Kakinada as improved by Umeda, teaches the method for using overlapping frequency bands of claim 2.
Kakinada teaches the Grant Request message (Kakinada, FIG. 6 step 606) and the Grant Response message (Kakinada, FIG. 6 step 608) but does not explicitly teach:
communication with the UE is performed using a first maximum power level for the first portion of the CBRS and a second maximum power level for the second portion of the frequency band distinct from the CBRS, wherein the second maximum power level is greater than the first maximum power level.
WINNF-TS-0016 teaches that prior to initiating a Grant request, the CBSD determines the operational parameters used in the Grant request. These operational parameters include the frequency range and maximum EIRP the CBSD wants to use for operation. The operationParam parameter contains the details of the Grant request including the CBSD maximum EIRP (WINNF-TS-0016, section 8.5.1 on page 21 and 22). The SAS responds to the CBSD with a GrantResponse object (cbsdId, grantId, … , operationParam). The operationParam parameter contains the approved CBSD maximum EIRP.)
It would have been obvious to one of ordinary skill in the art at the effective date of the application to configure (direct login or via an EMS) the maximum LTE transmit power of CBSD 314 in FIG. 6 of Kakinada’s teaching to a value that is higher than its CBRS maximum transmit power received in step 608 as taught by WINNF-TS-0016.
Doing so would ensure that when UE 306c is out of its CBRS coverage area, it will still be covered by a wider LTE footprint due to a higher transmit power.
Regarding claim 13, Kakinada as improved by Umeda and WINNF-TS-0016, teaches the system for using overlapping frequency bands of claim 12 configured to perform the operations in claim 3 (see mapping to claim 3).
Claims 5-7 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kakinada in view of Umeda and in further view of 3GPP TS 38.331 V18.3.0 (2024-09) (hereinafter “TS 38.331”).
Regarding claim 5, Kakinada as improved by Umeda, teaches the method for using overlapping frequency bands of claim 1 but does not explicitly teach that the single frequency band definition indicates only the n78 frequency band.
TS 38.331 teaches the RRC Reconfiguration procedure (TS 38.331, Section 5.3.5 – RRC Reconfiguration on page 90) wherein a gNB can instruct a UE to configure intra-band (n78 band) non-contiguous carrier aggregation with a single Master Cell Group (MCG) wherein the primary cell (PCell) operates in the n78 band and in the CBRS frequency block (55 GHz to 3.70 GHz) and a secondary cell (SCell) operates in the same n78 band and in a different 5G frequency block (3.71 GHz to 3.8 GHz). Page 503 defines the RRCReconfiguration message format that includes a masterCellGroup IE. A secondary cell (band: 78, frequency: a non-CBRS frequency) can be added to the same MCG using the SCellToAddModList IE defined on page 692. Please refer to section 6.3.2 – Radio Resource Control Information Elements for more detailed information.
It would have been obvious to one of ordinary skill in the art at the effective date of the application to modify the RRCReconfiguration message in step s212 of FIG. 1 of Umeda’s teaching to configure carrier aggregation using an MCG containing a primary cell (band: n78, frequency: list of CBRS frequencies) and secondary cells (band: n78, frequency: list of non-CBRS frequencies) as taught by TS 38.331.
Doing so would increase bandwidth due to a wider data pipe and improve indoor coverage due to CBRS indoor small cells.
Regarding claim 6, Kakinada as improved by Umeda, teaches the method for using overlapping frequency bands of claim 1 but does not explicitly teach that the first portion of the CBRS and the second portion of the frequency band distinct from the CBRS define immediately adjacent frequency blocks.
TS 38.331 teaches that the RRCReconfiguration message (TS 38.331, section 5.3.5 – RRC Reconfiguration and section 6.3.2 – Radio Resource Control Information Elements) can be used to configure carrier aggregation to include a Master Cell Group containing a primary cell (band: n78, frequency: immediately adjacent CBRS frequencies) and secondary cells (band: n78, frequency: n78 frequencies that are immediately adjacent to the CBRS frequencies).
It would have been obvious to one of ordinary skill in the art at the effective date of the application to modify the RRCReconfiguration message in step s212 of FIG. 1 of Umeda’s teaching to configure carrier aggregation using immediately adjacent CBRS frequency blocks and n78 frequency blocks as taught by TS 38.331.
Doing so would increase bandwidth due to a wider data pipe and improve indoor coverage due to CBRS indoor small cells.
Regarding claim 7, Kakinada as improved by Umeda, teaches the method for using overlapping frequency bands of claim 1, but does not explicitly teach:
activating, by each UE of the plurality of UEs, use of the single frequency band for communication with the cellular network.
TS 38.331 indicates on page 93 that “if the RRCReconfiguration includes the masterCellGroup, the UE performs the cell group configuration for the received masterCellGroup according to section 5.3.5.5 – Cell Group Configuration”
It would have been obvious to one of ordinary skill in the art at the effective date of the application to use a TS 38.331 compliant UE (Umeda, FIG. 1 UE 106) to activate a single frequency band before sending a RRC Reconfiguration Complete in step S214 to gNB 102. Doing so would increase bandwidth due to a wider data pipe and improve indoor coverage due to CBRS indoor small cells.
Regarding claim 15, Kakinada as improved by Umeda and TS 38.331, teaches the system for using overlapping frequency bands of claim 11 configured to perform the operation in claim 5 (see mapping to claim 5).
Regarding claim 16, Kakinada as improved by Umeda and TS 38.331, teaches the system for using overlapping frequency bands of claim 11 configured to perform the operation in claim 6. The RRCReconfiguration message in claim 6 that creates a carrier aggregation configuration using immediately adjacent frequency blocks can be used to create a carrier aggregation configuration using adjacent frequency blocks that are separated by guard bands. Non-contiguous frequencies can be added to secondary cells using the absoluteFrequencySSB IE (e.g., the CBRS frequency of the primary cell is 3700 MHz and the n78 frequency of the first n78 cell is 3702 MHz) (see mapping to claim 6).
Regarding claim 17, Kakinada as improved by Umeda and TS 38.331, teaches the system for using overlapping frequency bands of claim 11 configured to perform the operation in claim 7 (see mapping to claim 7).
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kakinada in view of Umeda and in further view of Goyal et al (US 2025/0150141 Al (hereinafter “Goyal”).
Regarding claim 8, Kakinada as improved by Umeda, teaches the method of claim 1 but does not explicitly teach:
the single frequency band definition is transmitted as part of radio resource control (RRC) signaling from a central unit (CU) of the cellular network to the plurality of Ues.
Goyal teaches that the Central Unit in the O-RAN architecture can send a RRC Reconfiguration message to the UE (Goyal, FIG.5 step 501, [0061] wherein at operation 501, CU 530 may transmit to UE 510 an RRC reconfiguration message).
It would have been obvious to one of ordinary skill in the art at the effective date of the application to substitute gNB 102 in FiG. 2 of Umeda’s teaching with a distributed gNB (CU, DU, and RU) in Goyal’s teaching to optimize resources (non-real-time functions are centralized in the CU, while time-critical processing happens locally in the DU.) and manage latency effectively (allowing DUs to sit closer to the edge for ultra-low latency use cases).
Regarding claim 18, Kakinada as improved by Umeda, teaches the system for using overlapping frequency bands of claim 11, configured to perform the operations in claim 8 (see mapping to claim 8).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kakinada in view of Umeda and in further view of Abdulrauf et al (US 2023/0098387 Al) (hereinafter “Abdulrauf”).
Regarding claim 9, Kakinada as improved by Umeda, teaches the method for using overlapping frequency bands of claim 1 and does not explicitly teach:
the defined geographic region is a county.
Abdulrauf teaches:
the defined geographic region is a county (Abdulrauf, [0004] wherein the licenses entity is able to freely use the PAL wireless channels in respective one or more predetermined geographical regions without interference by other service providers (such as lower priority GAA service providers); [0007] wherein in an FCC (Federal Communications Commission) Auction, several companies are awarded PAL licenses on a per county basis in the lower 10 CBRS channels. A grant of PAL licenses to an operator affords the operator protection from co-channel interference generated by lower-tier GAA service providers in the PAL Protection Area (PPA) per FCC Part 96 rules.).
It would have been obvious to one of ordinary skill in the art at the effective date of the application to improve FSAS 202 in FIG. 6 of Kakinada’s teaching to map PAL users to counties because when a PAL holder deploys Citizens Broadband Radio Service Devices (CBSDs), their protection against General Authorized Access (GAA) users is bounded strictly within that specific county.
Regarding claim 19, Kakinada as improved by Umeda, teaches the system for using overlapping frequency bands of claim 11, wherein the defined geographic region is a county as indicated by claim 9 (see mapping to claim 9).
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kakinada in view of Umeda and TS 38.331 and in further view of Abdulrauf.
Regarding claim 10, Kakinada as improved by Umeda, teaches the method for using overlapping frequency bands of claim 1 and does not explicitly teach:
receiving, by the cellular network, a second set of priority data indicative that for the defined geographic region the cellular network is not the highest priority user
determining, by the cellular network, based on the priority data, to cease using the first portion of the CBRS for communication with the plurality of UEs within the defined geographic region
Abdulrauf teaches:
receiving, by the cellular network, a second set of priority data indicative that for the defined geographic region (Abdulrauf, FIG.3 wherein an incumbent user is detected in the PAL Protection Area 177) the cellular network is not the highest priority user (Abdulrauf, [0108] wherein in response to detecting the trigger event (incumbent use) in which wireless channel#1 (first wireless spectrum) is no longer available for use because the first-tier priority entity temporarily needs use of the first wireless spectrum ...) ;
determining, by the cellular network, based on the priority data, to cease using the first portion of the CBRS for communication with the plurality of UEs (Abdulrauf, [0025] wherein during DPA-Activation, commercial wireless operations must cease radio transmission on certain channels ...) within the defined geographic region
It would have been obvious to one of ordinary skill in the art at the effective date of the application to improve FSAS 202 in FIG. 6 of Kakinada’s teaching to include the incumbent user detection function in Abdulrauf’s teaching and to notify CBSD 314 in FIG. 6 of Kakinada’s teaching of the event via step 608 or a HeartbeatResponse so that CBSD 314 would cease using the CBRS frequence blocks. Doing so would ensure that the PAL user (the MSO) complies with CFR Title 47 Chapter 1 Subchapter D Part 96 Subpart B - Incumbent Protection to yield to incumbent users.
Kakinada as improved by Umeda and Abdulrauf, does not explicitly teach:
in response to determining to cease using the first portion of the CBRS based on the priority data,
transmitting a modified single frequency band definition to the plurality of UEs that deauthorizes use of the first portion of the CBRS and authorizes the second portion of the frequency band distinct from the CBRS.
TS 38.331 teaches that a gNB can use the RRCReconfiguration (TS 38.331, section 5.3.5 – RRC Reconfiguration and section 6.3.2 – Radio Resource Control Information Elements) to update an existing MSG (primary cell: band 78, CBRS frequency blocks; secondary cell: band 78, n78 frequency blocks) to remove the existing primary cell from the MCG and make a secondary cell the new primary cell).
It would have been obvious to one of ordinary skill in the art at the effective date of the application to modify the combined call flow in claim 1 (Kakinada, FIG. 6; Umeda, FIG. 2) to add another step after step S214 to send a RRCReconfiguration message to update the existing MCG to remove the CBRS primary cell and add a non-CBRS primary cell as taught by TS 38.331. Doing so would ensure that the PAL user (the MSO) complies with CFR Title 47 Chapter 1 Subchapter D Part 96 Subpart B - Incumbent Protection to yield to incumbent users.
Regarding claim 20, Kakinada as improved by Umeda, TS 38.331, and Abdulrauf, teaches the system for using overlapping frequency bands of claim 11, wherein the cellular network is further configured to perform the operations in claim 10 (see mapping to claim 10).
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hmimy H, Method and Apparatus for Frequency Transition Management, (U.S. Pub No. US 2020/0252933 Al). U.S. Patent and Trademark Office.
Damnjanovic A, New Radio (NR) for Spectrum Sharing, (U.S. Pub No. US 2019/0335337 Al, U.S. Patent and Trademark Office.
Conclusion
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/STEVEN DUONG NGUYEN/ Examiner, Art Unit 2472
/KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
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