CTNF 18/983,089 CTNF 80217 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. DETAILED ACTION 1. This action is responsive to: an original application filed on 16 December 2024 with acknowledgement that this application is a continuation of a foreign patent application with an earlier filing date of 21 December 2023. 12-151-10 AIA 12-51-10 2. Claim s 12-21 are currently pending. Claims 12, 20, and 21, are independent claims. Claims 1-11 have been canceled. 3. The IDS submitted on 28 January 2025 has been considered. Specification 06-30 AIA 4. 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: The abbreviations utilized in the specification are not clearly defined. For example, in paragraph 19 the following is stated “This has the advantage that the resources in the access network (RAN) can be better utilized because an exposure interface makes it possible for use of the RAN information to the RIC.” The Examiner notes the term RIC is not defined until paragraph 48 and it appears RAN is incorrectly defined. The Applicant’s disclosure states in paragraph 41: “The core of the present invention is a network function, in particular a broker function or broker, which can be arranged between the access network or radio access network (RAN) and the application.” Does the term RIC stand for RAN Intelligent Controller? This should be explained in the first instance of the use of the abbreviation, i.e. paragraph 19. In addition, the terms ORAN and O-RAN are utilized are they the same term which means open radio access network, according to paragraph 19? Likewise do QoS and QOS mean the same (Quality of Service) or do the terms have different meanings. It is suggested the same letter arrangement, capitalization, mixed capitalization, or hyphens in an abbreviation be the same for all uses. The Examiner also notes the specification and claims use the term “E2 interface”, the disclosure does not define what is meant by the term. The Examiner interprets this to mean something to the effect connecting a RIC to one or more CUs or one or more Dus . Appropriate correction is required . Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 5. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 6. Claims 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Independent claim 20 is directed to “A network function for initiating an adaptation of access network, the network function including a broker function configured to perform the following steps…”, giving the broadest reasonable interpretation consistent with the disclosure the claim as a whole appears to be software, therefore the claimed subject matter as a whole fail to fall within the definition of a process, machine, manufacture or composition of matter, patentable eligible category subject matter. In order to overcome the 101 rejection, the Examiner recommends that the language of the claim be modified, if support exists in the disclosure, so that the network function encompasses more than just software. Claim Rejections - 35 USC § 112 07-30-01 7. The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. 07-33-01 8. Claims 12-21 are r ejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without a n explanation or what entity or component the adaptation is performed on. In addition, the claims do not clearly explain how the determining an assignment is performed, w hich is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew , 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). T he disclosure includes some details that are not included in the claims however as explained above the disclosure contains so many errors it is not easily understood how one would perform the adaption as well as what components are actually being utilized. After review of the disclosure the goal of the invention is to prevent “network resources from being overutilized”, see paragraph 3. It is recommended that the claims be amended to indicate more clearly how this goal of performing an adaption of an access network is performed. The Examiner expects this to include some details from Applicant’s disclosure see paragraphs 48-61 and 64, that include “broker”, “an application that runs in the RIC controller” “a user of the network can define a QoS profile”. Appropriate Correction is required. 9 . The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. 10. Claims 12-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims appear to be a translation from a foreign language and contain confusing language. As explained above the claims lack enablement therefore, they are also indefinite. Appropriate Correction is required. 11. Claims 12-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The independent claims 12, 20, and 21, as well as dependent claims 13 and 19 contain the phrase “and/or” the term “and/or” is an indefinite limitation because it does not define the metes and bounds of the claims. Appropriate correction is required. 12. Claims 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim states: “O-RAN system, including via an E2 interface”. These abbreviations are not defined in the claim. Appropriate correction is required. 13. Claims 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim states “an xApplication and/or an rApplication”. The terms “xApplication” and “rApplication” are not defined. Appropriate correction is required. 14. To expedite a complete examination of the instant application the claims rejected under 35 U.S.C. 101 (nonstatutory) as well as 35 U.S.C. 112 above are further rejected as set forth below in anticipation of applicant amending these claims to overcome the above rejections . Claim Rejections – 35 USC § 103 07-20-aia AIA 15. 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 of this title, 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. 07-21-aia AIA 16. Claim s 12-13, 18, and 20-21, are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. U.S. Patent Application Publication No. 2018/0041948 (hereinafter ‘948) in view of Wang et al U.S. Patent Application Publication No. 2020/0351637 (hereinafter ‘637) . As to independent claim 12, “A method for initiating an adaptation of an access network, comprising the following steps: determining an assignment between an application mode of an application and a service profile of an access network of a communications network based on received information relating to the access network and/or relating to the application” it taught in ‘948 paragraphs 34, 40, and 43, note the coding scheme adaption may be configured based on the channel condition and/or the service applications, also a cell can dynamically configure RAN profile setting based on the network operation or applications, each cell may dynamically apply one or more PHY configurations based on at least one of the channel conditions, the amount of network resources available; “retrieving a current network status of the access network and/or a current application mode; checking the current network status based on an assessment of whether the service profile of the access network satisfies a requirement for a current quality of service for the application mode of the application” is shown in ‘948 paragraphs 55 and 83, note upon receiving a report indicating the backhaul capability and types of services application processing is interpreted equivalent to ‘receiving a current network status…’; the following is not explicitly taught in ‘948: “based on a result of the check being positive, verifying the current application mode based on an assessment of whether the application mode of the application has changed, and based on a result of the verifying being positive, initiating an adaptation of the access network based on the current application mode and based on the determined assignment” however ‘637 teaches handling user service profile information as well as an application change in status and updating (i.e. initiating adaptation of the access network) in the Abstract, paragraphs 4, 13, 15 and 23. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of a method for signaling RAN profile index and radio communication equipment using the same taught in ‘948 to include a means detect changes in network resource usage. One of ordinary skill in the art would have been motivated to perform such a modification to reduce the latency perceived by mobile users via the emerging 5G era see ‘637 (paragraphs 2-3). As to dependent claim 13, “The method according to claim 12, wherein the determining step is preceded by at least one of the following further steps: receiving information relating to the application, the information including the application mode of the application, and/or receiving information relating to the access network, the information including at least one parameter relating to the quality of service and/or the service profile of the access network” is taught in ‘637 Abstract paragraphs 4, 15, 23, 89-91, and 96. As to dependent claim 18, “The method according to claim 12, wherein the initiating includes the following further step: sending a trigger in a form of a message relating to the adaptation of the access network to the application to communicate that the access network is being adapted on based on the determined assignment before the application is started” is shown in ‘637 paragraphs 12, and 112-115. As to independent claim 20, “A network function for initiating an adaptation of an access network, the network function including a broker function configured to perform the following steps: determining an assignment between an application mode of an application and a service profile of an access network of a communications network based on received information relating to the access network and/or relating to the application” it taught in ‘948 paragraphs 34, 40, and 43, note the coding scheme adaption may be configured based on the channel condition and/or the service applications, also a cell can dynamically configure RAN profile setting based on the network operation or applications, each cell may dynamically apply one or more PHY configurations based on at least one of the channel conditions, the amount of network resources available; “retrieving a current network status of the access network and/or a current application mode; checking the current network status based on an assessment of whether the service profile of the access network satisfies a requirement for a current quality of service for the application mode of the application” is shown in ‘948 paragraphs 55 and 83, note upon receiving a report indicating the backhaul capability and types of services application processing is interpreted equivalent to ‘receiving a current network status…’; the following is not explicitly taught in ‘948: “based on a result of the check being positive, verifying the current application mode based on an assessment of whether the application mode of the application has changed; and based on a result of the verifying being positive, initiating an adaptation of the access network based on the current application mode and based on the determined assignment” however ‘637 teaches handling user service profile information as well as an application change in status and updating (i.e. initiating adaptation of the access network) in the Abstract, paragraphs 4, 13, 15 and 23. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of a method for signaling RAN profile index and radio communication equipment using the same taught in ‘948 to include a means detect changes in network resource usage. One of ordinary skill in the art would have been motivated to perform such a modification to reduce the latency perceived by mobile users via the emerging 5G era see ‘637 (paragraphs 2-3). As to independent claim 21, this claim is directed to a non-transitory computer-readable storage medium executing the method of claim 12; therefore, it is rejected along similar rationale . 07-21-aia AIA 17. Claim s 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. U.S. Patent Application Publication No. 2018/0041948 (hereinafter ‘948) in view of Wang et al. U.S. Patent Application Publication No. 2020/0351637 (hereinafter ‘637) in further view of Parekh et al. U.S. Patent Application Publication No. 2021/0235451 (hereinafter ‘451) . As to dependent claim 14, the following is not explicitly taught in ‘948 and ‘637: “The method according to claim 12, wherein the adaptation of the access network is initiated via an exposure interface of an O-RAN system, including via an E2 interface” however ‘451 teaches using an E2 interface for communication in an O-RAN system in paragraphs 43-44. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of a method for signaling RAN profile index and radio communication equipment using the same taught in ‘948 and ‘637 to include a utilize an E2 interface of an O-RAN system. One of ordinary skill in the art would have been motivated to perform such a modification because the increase in demand of mobile customers for efficient and reliable connectivity useful alternative solutions are needed see ‘451 (paragraphs 5-10). As to dependent claim 15, “The method according to claim 14, wherein the adaptation of the access network is in real time” is shown in ‘451 paragraph 43-44 . 07-21-aia AIA 18. Claim s 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. U.S. Patent Application Publication No. 2018/0041948 (hereinafter ‘948) in view of Wang et al U.S. Patent Application Publication No. 2020/0351637 (hereinafter ‘637) in further view of Yeh et al. U.S. Patent Application Publication No. 2022/0014963 (hereinafter ‘963) . As to dependent claim 16, the following is not explicitly taught in ‘948 and ‘637: “The method according to claim 12, wherein, based on a negative result of the checking, the following step is performed: sending a message relating to the negative result of the check to the application, the message containing information with respect to an insufficient quality of service for the application mode of the application” however ‘963 teaches measurement feedback is provided and if based on the if a QoS target is not met the UE will be triggered for a traffic management update in paragraphs 66-67 and 74. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of a method for signaling RAN profile index and radio communication equipment using the same taught in ‘948 and ‘637 to include a means to send a message if insufficient quality of service is recognized. One of ordinary skill in the art would have been motivated to perform such a modification what is currently missing in radio access technologies are strategies for efficiently managing the multi-access traffic to meet diverse quality-of-service (QoS) requirements see ‘963 (paragraph 3). As to dependent claim 19, “The method according to claim 12, wherein a broker function is assigned to an xApplication and/or an rApplication” is taught in ‘963 paragraphs 102, 113 and 116 . 07-21-aia AIA 19. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. U.S. Patent Application Publication No. 2018/0041948 (hereinafter ‘948) in view of Wang et al U.S. Patent Application Publication No. 2020/0351637 (hereinafter ‘637) in further view of Curie et al. U.S. Patent Application Publication No. 2024/0098565 (hereinafter ‘565) . As to dependent claim 17, the following is not explicitly taught in ‘948 and ‘637: “The method according to claim 12, wherein, based on a negative result of the verification, the following step is performed: retrieving a further current network status of the access network to carry out the checking again” however ‘565 teaches dynamic monitoring (i.e. checking again) of conditions to perform dynamic redistribution and optimal placement of the near-RT RICs in paragraphs 24, 53, and 91. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of a method for signaling RAN profile index and radio communication equipment using the same taught in ‘948 and ‘637 to include a means to carry out the checking of network status repeatedly (i.e. checking again). One of ordinary skill in the art would have been motivated to perform such a modification because increased flexibility over traditional RAN system is needed see ‘565 paragraph 2. Conclusion 20. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLEN C TRAN whose telephone number is (571) 272-3842. The examiner can normally be reached Monday-Friday. Examiner interviews are available via telephone 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, Jeff Pwu can be reached at 571-272-6798. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ELLEN TRAN/Primary Examiner, Art Unit 2433 17 March 2026 Application/Control Number: 18/983,089 Page 2 Art Unit: 2433 Application/Control Number: 18/983,089 Page 3 Art Unit: 2433 Application/Control Number: 18/983,089 Page 4 Art Unit: 2433 Application/Control Number: 18/983,089 Page 5 Art Unit: 2433 Application/Control Number: 18/983,089 Page 6 Art Unit: 2433 Application/Control Number: 18/983,089 Page 7 Art Unit: 2433 Application/Control Number: 18/983,089 Page 8 Art Unit: 2433 Application/Control Number: 18/983,089 Page 9 Art Unit: 2433 Application/Control Number: 18/983,089 Page 10 Art Unit: 2433 Application/Control Number: 18/983,089 Page 11 Art Unit: 2433 Application/Control Number: 18/983,089 Page 12 Art Unit: 2433 Application/Control Number: 18/983,089 Page 13 Art Unit: 2433
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