DETAILED ACTION
This is in response to US App. 19/172,241. Claims 21-40 have been examined. Claims 1-20 have been cancelled.
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 . 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 (i.e., changing from AIA to pre-AIA ) 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.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-24, 26-31, 33-34, and 36-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-6, 13-17, and 20 of U.S. Patent No. 12,273,909. Although the claims at issue are not identical, they are not patentably distinct from each other because both describe prioritization of traffic that is wirelessly transmitted between a CPE servicing many client devices and a computerized network apparatus. For comparison, see the table below.
Instant Application
US 12,273,909
21. Computerized network apparatus configured for data communication with a plurality of customer premises equipment (CPE) via a data network, the computerized network apparatus comprising: processor apparatus; and storage apparatus in data communication with the processor apparatus, the storage apparatus comprising at least one computer program configured to, when executed by the processor apparatus, cause the computerized network apparatus to: receive first data from each of the plurality of CPE; process the first data; based at least on the processed first data, obtain second data relating to data traffic prioritization associated with each of the plurality of CPE; and based at least in part on the second data, allocate resources of the computerized network apparatus for data delivery to the plurality of CPE.
22. The computerized network apparatus of claim 21, wherein the allocation of the resources comprises a determination of a schedule related to the data delivery to the plurality of CPE.
23. The computerized network apparatus of claim 22, wherein: the computerized network apparatus comprises a base station; and a scheduler process operative to execute on the base station is configured to perform the determination of the schedule.
24. The computerized network apparatus of claim 23, wherein the determination of the schedule related to the data delivery to the plurality of CPE comprises prioritization for queueing packet data for transmission to particular ones of wireless client devices associated with the plurality of CPE.
26. The computerized network apparatus of claim 21, wherein the received first data from each of the plurality of CPE comprises respective at least one traffic profile (TP) messages, each of the at least one TP messages comprising data relating to individual ones of applications operative on respective ones of client devices serviced by the respective CPE.
27. The computerized network apparatus of claim 21, wherein the received first data from each of the plurality of CPE comprises respective at least one traffic profile (TP) messages, each of the at least one TP messages comprising (i) data relating to individual ones of data traffic types for respective ones of client devices serviced by the respective CPE, and (ii) priority data associated with each client device.
13. Computer readable apparatus comprising a non-transitory storage medium, the non-transitory storage medium comprising at least one computer program having a plurality of instructions, the plurality of instructions configured to, when executed on a processing apparatus, cause a CBRS (Citizens Broadband Radios Service)-compliant FWA (fixed wireless access) apparatus to: obtain first data related to data traffic associated with a plurality of computerized client devices; characterize each of the plurality of computerized client devices based at least on the obtained first data; determine whether prioritization of at least a portion of the data traffic is necessary for one or more of the plurality of computerized client devices, the determination comprising a comparison of one or more measured QoS (quality of service)-related parameters associated with the one or more of the plurality of computerized client devices to one or more respective prescribed thresholds; based on the determination, cause prioritization of the data traffic, the prioritization based at least on the respective characterizations of each of the plurality of computerized client devices; and wirelessly transmit second data indicative of the prioritization to a CBRS-compliant CBSD (citizens broadband service device) which is in data communication with the CBRS-compliant FWA apparatus.
15. The computer readable apparatus of claim 13, wherein the wireless transmission of the second data comprises at least one traffic profile (TP) message, the at least one TP message comprising data relating to one or more applications operative on the one or more of the plurality of computerized client devices, respectively, the one or more of the plurality of computerized client devices serviced by the CBRS-compliant FWA apparatus.
16. The computer readable apparatus of claim 13, wherein the wireless transmission of the second data comprises respective at least one traffic profile (TP) messages, each of the at least one TP messages comprising (i) data relating to individual ones of data traffic types for respective ones of the plurality of computerized client devices, and (ii) priority data associated with each of the plurality of computerized client devices, the one or more of the plurality of computerized client devices serviced by the CBRS-compliant FWA apparatus.
28. A computerized method for operating a data network comprising a computerized network apparatus configured for data communication with a plurality of customer premises equipment (CPE) via the data network, the computerized method comprising: receiving first data from each of the plurality of CPE; processing the first data; based at least on the processed first data, obtaining second data relating to data traffic prioritization associated with each of the plurality of CPE; and based at least in part on the second data, allocating resources of the computerized network apparatus for data delivery to the plurality of CPE.
29. The computerized method of claim 28, wherein the receiving of the first data comprises receiving respective at least one traffic profile (TP) messages, each of the at least one TP messages comprising data relating to individual ones of applications operative on respective ones of client devices serviced by the respective CPE.
30. The computerized method of claim 29, wherein the receiving of the respective at least one TP messages comprises receiving of the respective at least one TP messages in at least one respective information element (IE) of at least one respective control plane (CP) protocol message.
31. The computerized method of claim 28, wherein the obtaining of the second data comprises receiving one or more Internet Protocol (IP) messages addressed to a particular socket or port on the computerized network apparatus.
33. The computerized method of claim 28, wherein: the computerized network apparatus comprises a CBRS (Citizens Broadband Radios Service) compliant CBSD (Citizens Broadband Service Device); the plurality of CPE comprise a plurality of CBRS FWA (fixed wireless access) apparatus; and the CBSD is configured to transmit user plane (UP) data to the plurality of CBRS FWA for client devices serviced thereby via a plurality of resource blocks (RBs) scheduled by a scheduler process of the CBSD and based at least in part on the second data.
34. The computerized method of claim 28, wherein the allocating of the resources comprises assigning one or more dedicated bearers.
1. A computerized method for prioritizing data communications associated with a plurality of computerized client devices served by a Citizens Broadband Radios Service (CBRS) fixed wireless access (FWA) apparatus, the computerized method comprising: obtaining, at the CBRS FWA apparatus, first data related to data traffic associated with one or more of the plurality of computerized client devices; characterizing, by the CBRS FWA apparatus, the data traffic based at least on the obtained first data; prioritizing, by the CBRS FWA apparatus, the data traffic based at least on the characterizing; and wirelessly transmitting, from the CBRS FWA apparatus, second data indicative of the prioritizing to a Citizens Broadband Radios Service (CBRS)-compliant Citizens Broadband Service Device (CBSD) which is in data communication with the CBRS FWA apparatus and disposed upstream from the CBRS FWA apparatus in a network architecture; wherein the wirelessly transmitting, from the CBRS FWA apparatus, of the second data indicative of the prioritizing to the CBRS-compliant CBSD enables the CBRS-compliant CBSD to determine (i) which data traffic type will be sent from the CBRS-compliant CBSD to the CBRS FWA apparatus first, and (ii) an allocation of an amount of data distribution for each data traffic type.
2. The computerized method of claim 1, wherein the obtaining of the first data comprises obtaining data associated with types of data traffic transacted by the plurality of computerized client devices.
3. The computerized method of claim 1, wherein the characterizing comprises determining identification data associated with a communication channel associated with the CBRS FWA apparatus, the identification data comprising an Internet Protocol (IP) address of the communication channel, the communication channel comprising a default data bearer assigned to the CBRS FWA apparatus by the CBRS-compliant CBSD.
5. The computerized method of claim 1, further comprising generating data representative of a data traffic profile associated with the CBRS FWA apparatus, the data traffic profile based at least on the obtained first data and the characterizing.
6. The computerized method of claim 5, wherein the wirelessly transmitting of the second data indicative of the prioritizing comprises transmitting the generated data representative of the data traffic profile associated with the CBRS FWA apparatus in an information element (IE) of a control plane (CP) protocol message.
36. Computer readable apparatus comprising a non-transitory storage medium, the non-transitory storage medium comprising at least one computer program having a plurality of instructions, the plurality of instructions configured to, when executed on a digital processing apparatus, cause a computerized network apparatus to: receive first data from each of a plurality of consumer premises equipment (CPE); process the first data; based at least on the processed first data, obtain second data relating to data traffic prioritization associated with each of the plurality of CPE; and based at least in part on the second data, allocate resources of the computerized network apparatus for data delivery to the plurality of CPE.
37. The computer readable apparatus of claim 36, receiving data representative of a request for one or more dedicated bearers to be assigned to at least a portion of data traffic associated with respective ones of a plurality of computerized client devices serviced by the plurality of CPE, respectively, wherein the data representative of the request is based on at least one application operating on at least one of the plurality of computerized client devices requiring one or more quality of service (QOS) levels mapped to one or more QoS class identifier (QCI) values associated with the one or more dedicated bearers.
38. The computer readable apparatus of claim 36, wherein the obtainment of the second data comprises obtainment of the second data via one or more CBRS carriers within a frequency band of 3.550 to 3.700 GHz.
39. The computer readable apparatus of claim 36, wherein the obtainment of the second data comprises obtainment of data relating to an allocation of respective weight values to each of a plurality of different user plane (UP) data traffic types.
13. Computer readable apparatus comprising a non-transitory storage medium, the non-transitory storage medium comprising at least one computer program having a plurality of instructions, the plurality of instructions configured to, when executed on a processing apparatus, cause a CBRS (Citizens Broadband Radios Service)-compliant FWA (fixed wireless access) apparatus to: obtain first data related to data traffic associated with a plurality of computerized client devices; characterize each of the plurality of computerized client devices based at least on the obtained first data; determine whether prioritization of at least a portion of the data traffic is necessary for one or more of the plurality of computerized client devices, the determination comprising a comparison of one or more measured QoS (quality of service)-related parameters associated with the one or more of the plurality of computerized client devices to one or more respective prescribed thresholds; based on the determination, cause prioritization of the data traffic, the prioritization based at least on the respective characterizations of each of the plurality of computerized client devices; and wirelessly transmit second data indicative of the prioritization to a CBRS-compliant CBSD (citizens broadband service device) which is in data communication with the CBRS-compliant FWA apparatus.
14. The computer readable apparatus of claim 13, wherein the wireless transmission comprises transmission via one or more CBRS carriers within a frequency band of 3.550 to 3.700 GHz.
17. The computer readable apparatus of claim 13, wherein: the obtainment of the first data comprises receipt of data relating to a configuration of an air interface of the CBRS-compliant FWA apparatus between the CBRS-compliant FWA apparatus and the CBRS-compliant CBSD; the plurality of instructions are further configured to, when executed on the processing apparatus, cause the CBRS-compliant FWA apparatus to: characterize one or more capabilities of the CBRS-compliant FWA apparatus based at least on the received data, the one or more capabilities comprising maximum available backhaul bandwidth that can be allocated to one or more user plane (UP) data streams associated with the one or more of the plurality of computerized client devices; and the prioritization of the data traffic is further based at least on the characterization of the one or more capabilities.
20. The computer readable apparatus of claim 13, wherein the plurality of instructions are further configured to, when executed on the processing apparatus, cause the CBRS-compliant FWA apparatus to: based on the second data indicative of the prioritization, transmit data representative of a request to the CBRS-compliant CBSD for one or more dedicated bearers to be assigned to at least a portion of the data traffic, the request based on at least one application operating on at least one of the plurality of computerized client devices requiring one or more quality of service (QOS) levels mapped to one or more QoS class identifier (QCI) values associated with the one or more dedicated bearers.
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)(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.
Claims 21-24, 26-32, 34-37, and 39-40 are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by John et al. (US 2021/0185738) hereafter John.
Regarding Claim 21,
Computerized network apparatus configured for data communication with a plurality of customer premises equipment (CPE) via a data network, the computerized network apparatus comprising: processor apparatus; and storage apparatus in data communication with the processor apparatus, the storage apparatus comprising at least one computer program configured to, when executed by the processor apparatus, cause the computerized network apparatus to:
receive first data from each of the plurality of CPE [John: CPE == WiFi access device; 0046; referring to FIG. 2B, in step (10), in response to receiving the association response, end device 199 may perform an authentication procedure with an ePDG 210 via Wi-Fi access device 205; as illustrated, Wi-Fi access device 205 may establish a tunnel (e.g., an Internet Protocol Security (IPsec) tunnel) with ePDG 210];
process the first data; based at least on the processed first data, obtain second data relating to data traffic prioritization associated with each of the plurality of CPE; and
based at least in part on the second data, allocate resources of the computerized network apparatus for data delivery to the plurality of CPE [John: computerized network apparatus == RAN device or microcell or eNB or gNB; 0048; FIGS. 2C and 2D are diagrams illustrating another exemplary process of the Wi-Fi admission control and prioritization service; for example, the process may correspond to a signaling procedure between end device 199, a flying cell/Wi-Fi access device 220 (e.g., a flying cell 220-1 and a flying Wi-Fi AP 220-2), a ground Wi-Fi AP 230, and a macrocell 240; 0049; according to various exemplary embodiments, a ground Wi-Fi access device 230 may be communicatively coupled to a macrocell (e.g., an eNB, a gNB, etc.) or other ground-based RAN device; 0052; for example, ground Wi-Fi AP 230 may indicate the HPA in an RRC procedure with macrocell 240 and an attachment procedure with core network 150. For example, in an LTE context, an initial message (e.g., S1 Application Protocol (S1AP)) may include an attach request, a packet data network (PDN) request, and priority information; in step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 199; 0013; the increase in mobile device utilization and data demand is a factor in the interoperability between RANs and Wi-Fi access points (APs)].
Regarding Claim 22,
wherein the allocation of the resources comprises a determination of a schedule related to the data delivery to the plurality of CPE [John: 0049; according to various exemplary embodiments, a ground Wi-Fi access device 230 may be communicatively coupled to a macrocell (e.g., an eNB, a gNB, etc.) or other ground-based RAN device; 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; 0057; priority level field 305 may indicate access control classes associated with a RAN or other type of network, a network standard, and so forth. For example, as previously described, the priority user may have an access control class ranging from 11-15 or 10-15, while non-priority users (e.g., normal users) may have an access control class ranging from 0-9; 0080; in some cases, such as traffic offloading or handover for example, Wi-Fi access device 205 may receive messaging from a RAN device in support of the offloading or handover; 0013; the increase in mobile device utilization and data demand is a factor in the interoperability between RANs and Wi-Fi access points (APs)].
Regarding Claim 23,
wherein: the computerized network apparatus comprises a base station; and a scheduler process operative to execute on the base station is configured to perform the determination of the schedule [John: 0049; according to various exemplary embodiments, a ground Wi-Fi access device 230 may be communicatively coupled to a macrocell (e.g., an eNB, a gNB, etc.) or other ground-based RAN device; 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; 0057; priority level field 305 may indicate access control classes associated with a RAN or other type of network, a network standard, and so forth. For example, as previously described, the priority user may have an access control class ranging from 11-15 or 10-15, while non-priority users (e.g., normal users) may have an access control class ranging from 0-9; 0080; in some cases, such as traffic offloading or handover for example, Wi-Fi access device 205 may receive messaging from a RAN device in support of the offloading or handover].
Regarding Claim 24,
wherein the determination of the schedule related to the data delivery to the plurality of CPE comprises prioritization for queueing packet data for transmission to particular ones of wireless client devices associated with the plurality of CPE [John: 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; Table 300 may include a priority level field 305, a user priority field 310, and an access category field 315; 0057; priority level field 305 may indicate access control classes associated with a RAN or other type of network, a network standard, and so forth; for example, as previously described, the priority user may have an access control class ranging from 11-15 or 10-15, while non-priority users (e.g., normal users) may have an access control class ranging from 0-9; 0058; user priority field 310 may indicate a user priority associated with a Wi-Fi standard. For example, currently as previously described, the Wi-Fi standard defines eight user priorities (e.g., 0-7); 0059; access category field 315 may indicate an access category; for example, currently as previously described, the Wi-Fi standard defines four access categories; 0080; in some cases, such as traffic offloading or handover for example, Wi-Fi access device 205 may receive messaging from a RAN device in support of the offloading or handover].
Regarding Claim 26,
wherein the received first data from each of the plurality of CPE comprises respective at least one traffic profile (TP) messages, each of the at least one TP messages comprising data relating to individual ones of applications operative on respective ones of client devices serviced by the respective CPE [John: 0095; Wi-Fi access device 205 may determine an access control class value pertaining to end device 199 and the traffic; 0096; in block 925, the Wi-Fi access device may correlate a priority level to a user priority. For example, Wi-Fi access device 205 may correlate the access control class value of the traffic to a matched access control value included in the application service information; Wi-Fi access device 205 may determine the QoS and prioritization that correlate to the matched access control value and/or the user priority that is above the user priorities of the Wi-Fi standard].
Regarding Claim 27,
wherein the received first data from each of the plurality of CPE comprises respective at least one traffic profile (TP) messages, each of the at least one TP messages comprising (i) data relating to individual ones of data traffic types for respective ones of client devices serviced by the respective CPE, and (ii) priority data associated with each client device [John: 0052; ground Wi-Fi AP 230 may indicate the HPA (High Priority Access) in an RRC procedure with macrocell 240 and an attachment procedure with core network 150. For example, in an LTE context, an initial message (e.g., S1 Application Protocol (S1AP)) may include an attach request, a packet data network (PDN) request, and priority information; In step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 199. In step (13), end device 199 may transmit and/or receive data via flying cell/Wi-Fi access device 220, ground Wi-Fi AP 230, macrocell 240, and core network 150; 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; Table 300 may include a priority level field 305, a user priority field 310, and an access category field 315; 0057; priority level field 305 may indicate access control classes associated with a RAN or other type of network, a network standard, and so forth; 0095; Wi-Fi access device 205 may determine an access control class value pertaining to end device 199 and the traffic; 0096; in block 925, the Wi-Fi access device may correlate a priority level to a user priority. For example, Wi-Fi access device 205 may correlate the access control class value of the traffic to a matched access control value included in the application service information; Wi-Fi access device 205 may determine the QoS and prioritization that correlate to the matched access control value and/or the user priority that is above the user priorities of the Wi-Fi standard].
Regarding Claims 28-29, which recite a computerized method for operating a data network comprising a computerized network apparatus having the same claim limitations as those in claims 21 and 26 above, the same rationale of rejection as applied to claims 21 and 26 is applicable.
Regarding Claim 30,
wherein the receiving of the respective at least one TP messages comprises receiving of the respective at least one TP messages in at least one respective information element (IE) of at least one respective control plane (CP) protocol message [John: 0024; environment 100 may include various planes of communication including, for example, a control plane, a user plane, and a network management plane. Environment 100 may include other types of planes of communication; a message communicated in support of the Wi-Fi admission control and prioritization service may use at least one of these planes of communication; additionally, an interface of a network device may be modified (e.g., relative to an interface defined by a standards body, such as 3GPP, 3GPP2, ITU, ETSI, IEEE 802.11, etc.) or a new interface of the network device may be provided in order to support the communication (e.g., transmission and reception of messages, information elements (IE), attribute value pairs (AVPs), etc.) between network devices and the Wi-Fi admission control and prioritization service logic, as described herein. For example, a Wi-Fi interface may be modified to transmit and receive priority information, as described herein; 0048; FIGS. 2C and 2D are diagrams illustrating another exemplary process of the Wi-Fi admission control and prioritization service; for example, the process may correspond to a signaling procedure between end device 199, a flying cell/Wi-Fi access device 220 (e.g., a flying cell 220-1 and a flying Wi-Fi AP 220-2), a ground Wi-Fi AP 230, and a macrocell 240;].
Regarding Claim 31,
wherein the obtaining of the second data comprises receiving one or more Internet Protocol (IP) messages addressed to a particular socket or port on the computerized network apparatus [John: 0046; Wi-Fi access device 205 may establish a tunnel (e.g., an Internet Protocol Security (IPsec) tunnel) with ePDG (evolved Packet Data Gateway) 210. In step (11), end device synchronization and authentication between end device 199 and a core network of PGW (packet gateway) 215 via ePDG 210 may be performed; 0052; n step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 19].
Note:
IP address is inherent in IPSec tunnel.
Regarding Claim 32,
wherein the obtaining of the second data comprises obtaining one or more messages comprising a total number of client devices consuming traffic via the plurality of CPE, respectively [John: 0082; In block 810, the Wi-Fi access device may determine that it is in a congested state or predicted congested state. For example, Wi-Fi access device 205 may determine that a maximum number of Wi-Fi connections are currently being serviced].
Regarding Claim 34,
wherein the allocating of the resources comprises assigning one or more dedicated bearers [John: 0052; ground Wi-Fi AP 230 may indicate the HPA (High Priority Access) in an RRC procedure with macrocell 240 and an attachment procedure with core network 150. For example, in an LTE context, an initial message (e.g., S1 Application Protocol (S1AP)) may include an attach request, a packet data network (PDN) request, and priority information; In step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 199. In step (13), end device 199 may transmit and/or receive data via flying cell/Wi-Fi access device 220, ground Wi-Fi AP 230, macrocell 240, and core network 150].
Regarding Claim 35,
further comprising conducting periodic monitoring of each of the plurality of CPE and modifying the allocating of the resources based on the periodic monitoring [John: 0067; during the session, Wi-Fi access device 205 may apply QoS and prioritization to the traffic, as described herein. Wi-Fi access device 205 may or may not be in a congested state or a predicted state when the QoS and prioritization is provided as a part of the Wi-Fi admission control and prioritization service, as described herein].
Note:
Monitoring is inherent in state determination during a session.
Regarding Claim 36, which recites computer readable apparatus having the same claim limitations as those in claim 21 above, the same rationale of rejection as presented in claim 21 is applicable.
Regarding Claim 37,
receiving data representative of a request for one or more dedicated bearers to be assigned to at least a portion of data traffic associated with respective ones of a plurality of computerized client devices serviced by the plurality of CPE, respectively, wherein the data representative of the request is based on at least one application operating on at least one of the plurality of computerized client devices requiring one or more quality of service (QOS) levels mapped to one or more QoS class identifier (QCI) values associated with the one or more dedicated bearers [John: 0052; ground Wi-Fi AP 230 may indicate the HPA (High Priority Access) in an RRC procedure with macrocell 240 and an attachment procedure with core network 150. For example, in an LTE context, an initial message (e.g., S1 Application Protocol (S1AP)) may include an attach request, a packet data network (PDN) request, and priority information; In step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 199. In step (13), end device 199 may transmit and/or receive data via flying cell/Wi-Fi access device 220, ground Wi-Fi AP 230, macrocell 240, and core network 150; 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; Table 300 may include a priority level field 305, a user priority field 310, and an access category field 315; 0057; priority level field 305 may indicate access control classes associated with a RAN or other type of network, a network standard, and so forth; 0095; Wi-Fi access device 205 may determine an access control class value pertaining to end device 199 and the traffic; 0096; in block 925, the Wi-Fi access device may correlate a priority level to a user priority. For example, Wi-Fi access device 205 may correlate the access control class value of the traffic to a matched access control value included in the application service information; Wi-Fi access device 205 may determine the QoS and prioritization that correlate to the matched access control value and/or the user priority that is above the user priorities of the Wi-Fi standard].
Regarding Claim 39,
wherein the obtainment of the second data comprises obtainment of data relating to an allocation of respective weight values to each of a plurality of different user plane (UP) data traffic types [John: weight values == range from 11-15 or 10-15 or 0-9; 0049; according to various exemplary embodiments, a ground Wi-Fi access device 230 may be communicatively coupled to a macrocell (e.g., an eNB, a gNB, etc.) or other ground-based RAN device; 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; 0057; priority level field 305 may indicate access control classes associated with a RAN or other type of network, a network standard, and so forth. For example, as previously described, the priority user may have an access control class ranging from 11-15 or 10-15, while non-priority users (e.g., normal users) may have an access control class ranging from 0-9].
Regarding Claim 40,
wherein the allocation of the resources comprises establishment of dedicated bearers for allocation by the plurality of CPE respectively to at least one of: (i) individual ones of a plurality of computerized client devices serviced by the plurality of CPE respectively, or (ii) individual processes of the individual ones of the plurality of computerized client devices, respectively, such that the dedicated bearers are differentiated on at least one of a per-client or per-process basis, rather than a per-FWA basis [John: 0052; ground Wi-Fi AP 230 may indicate the HPA (High Priority Access) in an RRC procedure with macrocell 240 and an attachment procedure with core network 150. For example, in an LTE context, an initial message (e.g., S1 Application Protocol (S1AP)) may include an attach request, a packet data network (PDN) request, and priority information; In step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 199. In step (13), end device 199 may transmit and/or receive data via flying cell/Wi-Fi access device 220, ground Wi-Fi AP 230, macrocell 240, and core network 150; 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; Table 300 may include a priority level field 305, a user priority field 310, and an access category field 315; 0057; priority level field 305 may indicate access control classes associated with a RAN or other type of network, a network standard, and so forth; 0095; Wi-Fi access device 205 may determine an access control class value pertaining to end device 199 and the traffic; 0096; in block 925, the Wi-Fi access device may correlate a priority level to a user priority. For example, Wi-Fi access device 205 may correlate the access control class value of the traffic to a matched access control value included in the application service information; Wi-Fi access device 205 may determine the QoS and prioritization that correlate to the matched access control value and/or the user priority that is above the user priorities of the Wi-Fi standard].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 25, 33, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over John in view of Das (WO 2019/204336).
Regarding Claim 25,
John teaches:
the plurality of CPE each comprises a … FWA (fixed wireless access) apparatus; and the allocation of the resources comprises allocation of at least … (ii) establishment of at least one dedicated bearer to carry traffic associated with at least one of a wireless client device of at least one of the plurality of FWA apparatus [John: 0049; according to various exemplary embodiments, a ground Wi-Fi access device 230 may be communicatively coupled to a macrocell (e.g., an eNB, a gNB, etc.) or other ground-based RAN device; 0052; for example, ground Wi-Fi AP 230 may indicate the HPA in an RRC procedure with macrocell 240 and an attachment procedure with core network 150. For example, in an LTE context, an initial message (e.g., S1 Application Protocol (S1AP)) may include an attach request, a packet data network (PDN) request, and priority information; in step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 199].
However, John does not teach that … the computerized network apparatus comprises a CBRS (Citizens Broadband Radios Service) compliant CBSD (Citizens Broadband Service Device) … the plurality of CPE each comprises a CBRS FWA … the allocation of the resources comprises allocation of at least (i) time frequency resources associated with an OFDM-based air interface of the CBSD ….
Das teaches:
wherein: the computerized network apparatus comprises a CBRS (Citizens Broadband Radios Service) compliant CBSD (Citizens Broadband Service Device) [Das: p. 28 / lines 4-11, 18-20; radio nodes 406a are located on an "edge" of a network (i.e., functioning as a network node proximate to the premises and away from the core), and are enabled for 4G and/or 5G communications as described in greater detail below; a given DU that provides 5G coverage to the premises thereby supplements the ultra-low latency and high-bandwidth services by the CUe 404; moreover, as described further below, the CUe may be logically and functionally grouped with one or more DUes 406 to together make up a gNB; ; prescribed unlicensed and/or licensed frequency bands are utilized by the nodes 406a; it will also be appreciated that so-called "quasi-licensed" spectrum (such as for instance that within the 3.55-3.70 GHz CBRS bands in the U.S.) may be utilized consistent with the methods and apparatus described herein];
the plurality of CPE each comprises a CBRS FWA (fixed wireless access) apparatus; and the allocation of the resources comprises allocation of at least (i) time frequency resources associated with an OFDM-based air interface of the CBSD… [Das: p. 53 / lines 29-31; CPEe 413 shown can in effect function as a base station for user devices within the premises operating within the user band(s); p. 55 / line 17-20, 33 - p. 56 / lines 1-8; as noted, in the exemplary implementation, OFDM modulation is applied to generate a plurality of carriers in the time domain at the distribution node 409; accordingly, demodulation (via inter alia, FFT) is used in the CPEe to demodulate the IF signals; two additional RF interfaces on the CPEe of Fig. 8a are included for connecting the CPEe to a 2-port external antenna 416 which is installed outdoors, e.g., on the roof of the small business, multi-dwelling unit (MDU) or multi-story enterprise (see Fig. 9a); this external antenna can be used to receive supplemental signals from outdoor radios installed in the vicinity of the consumer premises; it will be appreciated that the outdoor radios may have a primary purpose of providing coverage for outdoor mobility, but signals from them can also/alternatively be used in a fixed-wireless manner to supplement the capacity from the primary coaxial link and to add redundancy; p. 54 lines / 2-5, 19-21; also shown in the configuration of FIG. 8 are several external ports 812, 814 for external antenna 416 connection (e.g., roof-top antenna element(s) used for provision of the supplemental data link as previously described with respect to FIG. 4), wireless high-bandwidth backhaul, or other functions … it is noted that in the exemplary configuration of Fig. 8a (showing the lower frequencies in 4G combined with 5G), a filter combiner is used (in contrast to the more generalized approach of Fig. 8); p. 60 / lines 1-3; n this method, the CPEe 413 receives the transmitted waveforms (see step 936 of the method 920), and performs analog-domain upconversion to the target frequency (e.g., user band) per step 952].
Note:
Antenna 416 on CPEe413 (i.e. CBRS FWA apparatus) is used as a supplemental link for fixed wireless to radio node 406a that supports CBRS bands. Because CPEe supports receiving signals via this supplemental link for fixed wireless from a CBRS radio node 406a; therefore, CPEe is inherently capable of receiving this CBRS transmission. Radio node 406a is upstream from a CPEe apparatus 413.
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of John and Das in order to provide for ultra-low latency requirements of 5G applications [Das: p. 14 / lines 4-7].
Regarding Claim 33,
John teaches:
the plurality of CPE comprise a plurality of …FWA (fixed wireless access) apparatus [John: 0049; according to various exemplary embodiments, a ground Wi-Fi access device 230 may be communicatively coupled to a macrocell (e.g., an eNB, a gNB, etc.) or other ground-based RAN device; 0052; for example, ground Wi-Fi AP 230 may indicate the HPA in an RRC procedure with macrocell 240 and an attachment procedure with core network 150. For example, in an LTE context, an initial message (e.g., S1 Application Protocol (S1AP)) may include an attach request, a packet data network (PDN) request, and priority information; in step (12), ground Wi-Fi AP 230, macrocell 240 and core network 150 may setup and establish a priority bearer on behalf of end device 199];
and … is configured to transmit user plane (UP) data to the plurality of … FWA for client devices serviced thereby via a plurality of resource blocks (RBs) scheduled by a scheduler process … and based at least in part on the second data [John: RBs == queues; 0048; FIGS. 2C and 2D are diagrams illustrating another exemplary process of the Wi-Fi admission control and prioritization service; for example, the process may correspond to a signaling procedure between end device 199, a flying cell/Wi-Fi access device 220 (e.g., a flying cell 220-1 and a flying Wi-Fi AP 220-2), a ground Wi-Fi AP 230, and a macrocell 240; 0056; for example, referring to a table 300 in FIG. 3, a QoS and priority mapping is shown; as illustrated, table 300 may store exemplary application service information; 0066; the QoS WMM Queue system of FIG. 5 may be modified to accommodate the different priority levels, user priority, and access category mappings of FIG. 4. For example, queues 505 and components 510 may include highest priority queues and highest priority components for priority users and each traffic category; 0095; Wi-Fi access device 205 may determine an access control class value pertaining to end device 199 and the traffic; 0096; in block 925, the Wi-Fi access device may correlate a priority level to a user priority. For example, Wi-Fi access device 205 may correlate the access control class value of the traffic to a matched access control value included in the application service information; Wi-Fi access device 205 may determine the QoS and prioritization that correlate to the matched access control value and/or the user priority that is above the user priorities of the Wi-Fi standard].
However, John does not teach that the computerized network apparatus comprises a CBRS (Citizens Broadband Radios Service) compliant CBSD (Citizens Broadband Service Device) … CPE comprise a plurality of CBRS FWA (fixed wireless access) apparatus … the CBSD is configured to transmit user plane (UP) data to the plurality of CBRS FWA for client devices serviced … by a scheduler process of the CBSD and based at least in part on the second data.
Das teaches:
wherein: the computerized network apparatus comprises a CBRS (Citizens Broadband Radios Service) compliant CBSD (Citizens Broadband Service Device) [Das: p. 28 / lines 4-11, 18-20; radio nodes 406a are located on an "edge" of a network (i.e., functioning as a network node proximate to the premises and away from the core), and are enabled for 4G and/or 5G communications as described in greater detail below; a given DU that provides 5G coverage to the premises thereby supplements the ultra-low latency and high-bandwidth services by the CUe 404; moreover, as described further below, the CUe may be logically and functionally grouped with one or more DUes 406 to together make up a gNB; ; prescribed unlicensed and/or licensed frequency bands are utilized by the nodes 406a; it will also be appreciated that so-called "quasi-licensed" spectrum (such as for instance that within the 3.55-3.70 GHz CBRS bands in the U.S.) may be utilized consistent with the methods and apparatus described herein];
the plurality of CPE comprise a plurality of CBRS FWA (fixed wireless access) apparatus; and the CBSD is configured to transmit user plane (UP) data to the plurality of CBRS FWA for client devices serviced … by a scheduler process of the CBSD and based at least in part on the second data [Das: p. 53 / lines 29-31; CPEe 413 shown can in effect function as a base station for user devices within the premises operating within the user band(s); p. 55 / line 17-20, 33 - p. 56 / lines 1-8; as noted, in the exemplary implementation, OFDM modulation is applied to generate a plurality of carriers in the time domain at the distribution node 409; accordingly, demodulation (via inter alia, FFT) is used in the CPEe to demodulate the IF signals; two additional RF interfaces on the CPEe of Fig. 8a are included for connecting the CPEe to a 2-port external antenna 416 which is installed outdoors, e.g., on the roof of the small business, multi-dwelling unit (MDU) or multi-story enterprise (see Fig. 9a); this external antenna can be used to receive supplemental signals from outdoor radios installed in the vicinity of the consumer premises; it will be appreciated that the outdoor radios may have a primary purpose of providing coverage for outdoor mobility, but signals from them can also/alternatively be used in a fixed-wireless manner to supplement the capacity from the primary coaxial link and to add redundancy; p. 54 lines / 2-5, 19-21; also shown in the configuration of FIG. 8 are several external ports 812, 814 for external antenna 416 connection (e.g., roof-top antenna element(s) used for provision of the supplemental data link as previously described with respect to FIG. 4), wireless high-bandwidth backhaul, or other functions … it is noted that in the exemplary configuration of Fig. 8a (showing the lower frequencies in 4G combined with 5G), a filter combiner is used (in contrast to the more generalized approach of Fig. 8); p. 60 / lines 1-3; n this method, the CPEe 413 receives the transmitted waveforms (see step 936 of the method 920), and performs analog-domain upconversion to the target frequency (e.g., user band) per step 952].
Note:
Antenna 416 on CPEe413 (i.e. CBRS FWA apparatus) is used as a supplemental link for fixed wireless to radio node 406a that supports CBRS bands. Because CPEe supports receiving signals via this supplemental link for fixed wireless from a CBRS radio node 406a; therefore, CPEe is inherently capable of receiving this CBRS transmission. Radio node 406a is upstream from a CPEe apparatus 413.
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of John and Das in order to provide for ultra-low latency requirements of 5G applications [Das: p. 14 / lines 4-7].
Regarding Claim 38,
John teaches that FIGS. 2C and 2D are diagrams illustrating another exemplary process of the Wi-Fi admission control and prioritization service; for example, the process may correspond to a signaling procedure between end device 199, a flying cell/Wi-Fi access device 220 (e.g., a flying cell 220-1 and a flying Wi-Fi AP 220-2), a ground Wi-Fi AP 230, and a macrocell 240 [John: 0048].
However, John does not teach that the obtainment of the second data comprises obtainment of the second data via one or more CBRS carriers within a frequency band of 3.550 to 3.700 GHz.
Das teaches:
wherein the obtainment of the second data comprises obtainment of the second data via one or more CBRS carriers within a frequency band of 3.550 to 3.700 GHz [Das: p. 28 / lines 4-11, 18-20; radio nodes 406a are located on an "edge" of a network (i.e., functioning as a network node proximate to the premises and away from the core), and are enabled for 4G and/or 5G communications as described in greater detail below; a given DU that provides 5G coverage to the premises thereby supplements the ultra-low latency and high-bandwidth services by the CUe 404; moreover, as described further below, the CUe may be logically and functionally grouped with one or more DUes 406 to together make up a gNB; ; prescribed unlicensed and/or licensed frequency bands are utilized by the nodes 406a; it will also be appreciated that so-called "quasi-licensed" spectrum (such as for instance that within the 3.55-3.70 GHz CBRS bands in the U.S.) may be utilized consistent with the methods and apparatus described herein].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of John and Das in order to provide for ultra-low latency requirements of 5G applications [Das: p. 14 / lines 4-7].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Kwok (US 2021/0409962).
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SAAD A. WAQAS
Primary Examiner
Art Unit 2468
/Saad A. Waqas/Primary Examiner, Art Unit 2468
Prosecution Insights