DETAILED ACTION
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 .
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/14/2025 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Pat. 12,375,358. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant claims is anticipated by the patented claims. For example, compare instant claims 1, 8, and 15, with patented claims 11, 1, and 19, respectively:
U.S. Pat. 12,375,358
App. No. 19/261,366
11. A management node comprising:
a processor; and
memory coupled to the processor, wherein the memory comprises:
1. A management node comprising:
a processor; and
memory coupled to the processor, wherein the memory comprises:
an automation and orchestration platform that deploys and manages a cell site in the 5G radio-access network (RAN), wherein the cell site comprises a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with the 5G RAN in the container orchestration platform;
an automation and orchestration platform configured to deploy and manage a cell site in a radio-access network (RAN), wherein the cell site comprises a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with the RAN in the container orchestration platform;
a site map generation unit to:
a site map generation unit configured to:
based on a site identifier associated with the cell site, determine the physical infrastructure layer, the container orchestration platform, and the CNF instance; and
determine, based on a site identifier associated with the cell site, the physical infrastructure layer, the container orchestration platform, and the CNF instance; and
based on the physical infrastructure layer, the container orchestration platform, and the CNF instance, build a logical site resource map representing topological information of the cell site; and
build, based on the physical infrastructure layer, the container orchestration platform, and the CNF instance, a site resource map representing topology of the cell site; and
a cell site management unit to monitor and/or manage the cell site using the logical site resource map.
a cell site management unit configured to monitor or manage the cell site using the site resource map.
U.S. Pat. 12,375,358
App. No. 19/261,366
1. A method for managing a cell site in a 5G radio-access network (RAN) comprising:
8. A method for managing a cell site in a 5G radio-access network (RAN) comprising:
based on a site identifier associated with the cell site, determining a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with the 5G RAN in the container orchestration platform;
determining, by a processor, based on a site identifier associated with the cell site, a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with the 5G RAN in the container orchestration platform;
based on the physical infrastructure layer, the container orchestration platform, and the CNF instance, building a logical site resource map representing topological information of the cell site; and
building, by the processor, based on the physical infrastructure layer, the container orchestration platform, and the CNF instance, a site resource map representing topology of the cell site; and
monitoring and/or managing the cell site using the logical site resource map.
monitoring or managing, by the processor, the cell site using the site resource map.
U.S. Pat. 12,375,358
App. No. 19/261,366
19. A non-transitory computer readable storage medium comprising instructions executable by a processor of a management node to:
15. A non-transitory computer-readable storage medium comprising instructions that, when executed by a processor of a management node, cause the processor to:
receive a request to generate the logical site resource map, the request comprising the site identifier of a cell site that includes a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with the 5G RAN in the container orchestration platform;
receive a request to generate a site resource map, the request comprising a site identifier of a cell site that includes a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with a radio-access network (RAN) in the container orchestration platform;
based on the site identifier, determine a node pool running on the container orchestration platform;
determine, based on the site identifier, a node pool running on the container orchestration platform; determine the CNF instance running on the node pool;
determine the CNF instance running on the node pool;
determine the physical infrastructure layer that runs the node pool;
determine the physical infrastructure layer that runs the node pool;
build a logical site resource map representing topological information of the physical infrastructure layer, the node pool, and the CNF instance; and
build the site resource map representing topology of the physical infrastructure layer, the node pool, and the CNF instance; and
monitor and/or manage the cell site using the logical site resource map.
monitor or manage the cell site using the site resource map.
Instant dependent claims 2-7, 9-14, and 16-20 are also anticipated by the patented claims, and are rejected accordingly.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art with regards to 35 U.S.C. 102 and 35 U.S.C. 103, pending the nonstatutory double patenting rejection above.
The following is a statement of reasons for the indication of allowable subject matter:
Examiner finds the inventive concept of using a cell site identifier to determine a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a CNF instance in the container orchestration platform, to then build a logical site resource map of the cell site to be novel. Specifically, the prior art of record does not teach, suggest, or render obvious the specific method, system, and product as set forth in the Specification, ¶[0044]-[0051], Fig. 3, and recited in independent claims 1, 8, and 15, in particular comprising:
a site map generation unit configured to:
determine, based on a site identifier associated with the cell site, the physical infrastructure layer, the container orchestration platform, and the CNF instance; and
build, based on the physical infrastructure layer, the container orchestration platform, and the CNF instance, a site resource map representing topology of the cell site (claim 1).
determining, by a processor, based on a site identifier associated with the cell site, a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with the 5G RAN in the container orchestration platform;
building, by the processor, based on the physical infrastructure layer, the container orchestration platform, and the CNF instance, a site resource map representing topology of the cell site (claim 8).
receive a request to generate a site resource map, the request comprising a site identifier of a cell site that includes a physical infrastructure layer, a container orchestration platform on the physical infrastructure layer, and a containerized network function (CNF) instance associated with a radio-access network (RAN) in the container orchestration platform;
determine, based on the site identifier, a node pool running on the container orchestration platform;
determine the CNF instance running on the node pool;
determine the physical infrastructure layer that runs the node pool;
build the site resource map representing topology of the physical infrastructure layer, the node pool, and the CNF instance (claim 15).
These limitations, in conjunction with the other limitations of the independent claims, are allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH R MANIWANG whose telephone number is (571)270-7257. The examiner can normally be reached 8:30AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wing F Chan can be reached at (571) 272-7493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH R MANIWANG/Primary Examiner, Art Unit 2453
