CTNF 18/977,271 CTNF 94769 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This office action is responsive to application filed on December 11 th , 2024. In this office action: Claims 1-9 are pending. Claims 1-9 are rejected. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2024-005658 , filed on 01/17/2024 . Information Disclosure Statement The information disclosure statements (IDS) submitted on December 11 th , 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings submitted on December 11 th , 2024 have been considered and accepted. 07-30-03-h AIA Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) ELEMENT IN CLAIM FOR A COMBINATION.—An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that use the words “predictor” and “controller.” Such claim limitations are: Claim 1 recites a “predictor” that predicts ... a “controller” that determines ... Claim 4 recites the “controller” sums up the respective amounts of individual traffic ... Claim 5 recites the “controller” allocates the group traffic ... Claim 6 recites the “controller” calculates ... and Claim 8 recites the “controller” controls the base-station device ... According to Applicant’s specification, Parag. [0032], [t]he CPU 310 executes the switch-off processing program 321 to establish a prediction unit and a control unit to perform switch-off processing. In addition, the Applicant’s specification, Parag. [0028], teaches that [t]he traffic prediction model 322 serves as an artificial intelligence (AI) learning model that predicts traffic per base-station device 200. Therefore, the Examiner interprets a “predictor” as “artificial intelligence (AI) learning model that predicts traffic” executed by a processor (i.e., CPU), and a “controller” as a software module, executed by the processor (i.e., CPU), to determine, to sum up, to allocate, to calculate, and to control. Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1-9 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Sawai (Pub. No. US 2016/0219454) . Claim 1. Sawai discloses [a] control device comprising: a predictor that predicts group traffic of a group including a plurality of base-station devices, with use of respective amounts of individual traffic of the plurality of base-station devices (See Parag. [0084-0085]; small cells 22 respectively belong to at least one of the plurality of small cell groups ... the mode determining unit 154 determines the operation modes for each small cell group so as to increase density of active small cells in the management area when the determination index indicates that larger system capacity is required. Adversely, the mode determining unit 154 determines the operation modes for each small cell group so as to reduce density of active small cells in the management area when the determination index indicates that only small system capacity is required ... the determination index relating to the system capacity requirements may include an actual traffic amount actually occurring in the management area. As another example, the determination index relating to the system capacity requirements may include a predicted traffic amount predicted to occur in the management area ... For example, the mode determining unit 154 can predict the traffic amount based on the QoS classes of the terminals existing in the management area (predicts group traffic) . See Parag. [0063-0064]; the radio communication system 1 includes a macro cell base station 10, a plurality of small cell base stations, and a plurality of terminal apparatuses. See also Parag. [0094][0133]) ; and a controller that determines whether to stop or operate a base-station device in the group, in accordance with the predicted group traffic (See Parag. [0130]; The mode determining unit 154 then adjusts the operation modes depending on statuses (such as, for example, normally operated/failed and a residual battery amount being small) of the individual small cell base stations. For example, when it is predicted that some small cell base stations cannot operate and the system capacity becomes insufficient, one or more small cell groups may be additionally activated (operate a base station device in the group) . When the residual battery amount of a battery-driven small cell base station falls below a threshold, the small cell base station may be excluded from the small cell group (stop a base station device in the group) until the residual battery amount exceeds the threshold through charging) , wherein the group includes a base-station device that forms a macro-cell and a base-station device that forms a small cell (See Parag. [0063-0064]; the radio communication system 1 includes a macro cell base station 10, a plurality of small cell base stations, and a plurality of terminal apparatuses. See also Parag. [0074] [0083] [0094]) , and the small cell includes a region overlapping the macro-cell (See Parag. [0072]; FIG. 1 and FIG. 2 merely illustrate a small number of small cells for the purpose of simplicity, the number of small cell base stations deployed in the macro cell in an actual environment can reach several tens to several hundreds. See Parag. [0073-0074]; The control entities group a plurality of small cells disposed in a given management area into small cell groups ... the management area can correspond to a macro cell. See Parag. [0083]; each of the plurality of small cells 22 disposed within the macro cell 12 in units of the small cell groups. See also Parag. [0074] [0094]) . Claim 2. Sawai discloses [t]he control device according to claim 1, Sawai further discloses wherein an entire region of the small cell overlaps a region of the macro-cell (See Parag. [0072]; FIG. 1 and FIG. 2 merely illustrate a small number of small cells for the purpose of simplicity, the number of small cell base stations deployed in the macro cell in an actual environment can reach several tens to several hundreds. See Parag. [0073-0074]; The control entities group a plurality of small cells disposed in a given management area into small cell groups ... the management area can correspond to a macro cell. See Parag. [0083]; each of the plurality of small cells 22 disposed within the macro cell 12 in units of the small cell groups. See also Parag. [0094]) . Claim 3. Sawai discloses [t]he control device according to claim 1, Sawai further discloses wherein a proportion of the region of the small cell overlapping the macro-cell to an entire region of the small cell is a first threshold or more (See Parag. [0072]; FIG. 1 and FIG. 2 merely illustrate a small number of small cells for the purpose of simplicity, the number of small cell base stations deployed in the macro cell in an actual environment can reach several tens to several hundreds. See Parag. [0083]; each of the plurality of small cells 22 disposed within the macro cell 12 in units of the small cell groups. See also Parag. [0073-0074] [0094]) . Claim 4. Sawai discloses [t]he control device according to claim 1, Sawai further discloses wherein the controller sums up the respective amounts of individual traffic of the plurality of base-station devices to calculate the group traffic (See Parag. [0138]; the mode determining unit 154 can count the predicted traffic amount ET using these attribute information for each of the QoS classes of the terminals. For example, it is also possible to calculate a sum of the guaranteed bit rates of terminals belonging to the “Conversational” class or the “Streaming” class which has high priority as the predicted traffic amount ET. Alternatively, it is also possible to calculate a sum of maximum bit rates of terminals of all the classes as the predicted traffic amount ET) . Claim 5. Sawai discloses [t]he control device according to claim 1, Sawai further discloses wherein the controller allocates the group traffic in accordance with areas of respective cells that the plurality of base-station devices form to calculate respective amounts of corrected individual traffic of the plurality of base-station devices (See Parag. [0084-0085]; the mode determining unit 154 determines the operation modes for each small cell group so as to increase density of active small cells in the management area when the determination index indicates that larger system capacity is required. Adversely, the mode determining unit 154 determines the operation modes for each small cell group so as to reduce density of active small cells in the management area when the determination index indicates that only small system capacity is required ... the determination index relating to the system capacity requirements may include an actual traffic amount actually occurring in the management area. As another example, the determination index relating to the system capacity requirements may include a predicted traffic amount predicted to occur in the management area ... See Parag. [0063-0064] [0133]) . Claim 6. Sawai discloses [t]he control device according to claim 1, Sawai further discloses wherein the controller calculates, with use of the group traffic, respective amounts of individual traffic of the plurality of base-station devices, and adds, as an addition, first individual traffic of a first base-station device that is a stopping target to second individual traffic of a second base-station device that is not a stopping target and determines whether to stop or operate a base-station device while taking the addition into account (See Parag. [0130]; The mode determining unit 154 then adjusts the operation modes depending on statuses (such as, for example, normally operated/failed and a residual battery amount being small) of the individual small cell base stations. For example, when it is predicted that some small cell base stations cannot operate and the system capacity becomes insufficient, one or more small cell groups may be additionally activated. When the residual battery amount of a battery-driven small cell base station falls below a threshold, the small cell base station may be excluded from the small cell group until the residual battery amount exceeds the threshold through charging) . Claim 7. Sawai discloses [t]he control device according to claim 1, Sawai further discloses wherein the group traffic is output from a learning model that has learnt respective amounts of measured traffic of the plurality of base-station devices and predicts the group traffic (See Parag. [0084-0085]; the mode determining unit 154 can predict the traffic amount based on the QoS classes of the terminals existing in the management area (predicts the group traffic) ) . Claim 8. Sawai discloses [t]he control device according to claim 1, wherein the controller controls the base-station device, which is a stopping target, to stop (See Parag. [0130]; The mode determining unit 154 then adjusts the operation modes depending on statuses (such as, for example, normally operated/failed and a residual battery amount being small) of the individual small cell base stations ... When the residual battery amount of a battery-driven small cell base station falls below a threshold, the small cell base station may be excluded (to stop) from the small cell group until the residual battery amount exceeds the threshold through charging) . Claim 9. Sawai discloses [a] base-station control method comprising: predicting group traffic of a group including a plurality of base-station devices, with use of respective amounts of individual traffic of the plurality of base-station devices (See Parag. [0084-0085]; small cells 22 respectively belong to at least one of the plurality of small cell groups ... the mode determining unit 154 determines the operation modes for each small cell group so as to increase density of active small cells in the management area when the determination index indicates that larger system capacity is required. Adversely, the mode determining unit 154 determines the operation modes for each small cell group so as to reduce density of active small cells in the management area when the determination index indicates that only small system capacity is required ... the determination index relating to the system capacity requirements may include an actual traffic amount actually occurring in the management area. As another example, the determination index relating to the system capacity requirements may include a predicted traffic amount predicted to occur in the management area ... For example, the mode determining unit 154 can predict the traffic amount based on the QoS classes of the terminals existing in the management area (predicts group traffic) . See Parag. [0063-0064]; the radio communication system 1 includes a macro cell base station 10, a plurality of small cell base stations, and a plurality of terminal apparatuses. See also Parag. [0133]) ; and determining whether to stop or operate a base-station device from among the plurality of base-station devices in the group, in accordance with the group traffic (See Parag. [0130]; The mode determining unit 154 then adjusts the operation modes depending on statuses (such as, for example, normally operated/failed and a residual battery amount being small) of the individual small cell base stations. For example, when it is predicted that some small cell base stations cannot operate and the system capacity becomes insufficient, one or more small cell groups may be additionally activated (operate a base station device) . When the residual battery amount of a battery-driven small cell base station falls below a threshold, the small cell base station may be excluded from the small cell group (stop a base station device) until the residual battery amount exceeds the threshold through charging) , wherein the group includes a base-station device that forms a macro-cell and a base-station device that forms a small cell (See Parag. [0063-0064]; the radio communication system 1 includes a macro cell base station 10, a plurality of small cell base stations, and a plurality of terminal apparatuses. See also Parag. [0074] [0083] [0094]) , and the small cell includes a region overlapping the macro-cell (See Parag. [0072]; FIG. 1 and FIG. 2 merely illustrate a small number of small cells for the purpose of simplicity, the number of small cell base stations deployed in the macro cell in an actual environment can reach several tens to several hundreds. See Parag. [0073-0074]; The control entities group a plurality of small cells disposed in a given management area into small cell groups ... the management area can correspond to a macro cell. See Parag. [0083]; each of the plurality of small cells 22 disposed within the macro cell 12 in units of the small cell groups. See also Parag. [0074] [0094]) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tsuda et al. (US 2017/0026889) – Related art in the area of communication control, (Abstract; There is provided a communication control device including an acquisition unit configured to acquire a result of measurement by a terminal device, and a control unit configured to control switching of an operation mode of a base station of a small cell overlapping with a macro cell partially or wholly based on the result of the measurement. The switching is switching of the operation mode from one of a first mode and a second mode to the other. The first mode is a mode in which the base station can per form wireless communication with a device in the small cell, and the second mode is a mode that consumes less power than the first mode) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELBASST TALIOUA whose telephone number is (571)272-4061. The examiner can normally be reached on Monday-Thursday 7:30 am - 5:30 pm. 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, Oscar Louie can be reached on 571-270-1684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Abdelbasst Talioua/Examiner, Art Unit 2445 Application/Control Number: 18/977,271 Page 2 Art Unit: 2445 Application/Control Number: 18/977,271 Page 3 Art Unit: 2445 Application/Control Number: 18/977,271 Page 4 Art Unit: 2445 Application/Control Number: 18/977,271 Page 5 Art Unit: 2445 Application/Control Number: 18/977,271 Page 6 Art Unit: 2445 Application/Control Number: 18/977,271 Page 7 Art Unit: 2445 Application/Control Number: 18/977,271 Page 8 Art Unit: 2445 Application/Control Number: 18/977,271 Page 9 Art Unit: 2445 Application/Control Number: 18/977,271 Page 10 Art Unit: 2445 Application/Control Number: 18/977,271 Page 11 Art Unit: 2445
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