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 .
1. Claims 1-4 are pending. Claim 5 is cancelled.
Response to Arguments
2. Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Regarding claims 1 and 3, on page 8, the applicant argues that the combination of Periyalwar, US 2015/0092676 hereafter Periyalwar in view of Macdonald et al, US 2015/0222553 hereafter Macdonald and further in view of Khoryaev et al, WO 2018/064179 AI hereafter Khoryaev does not disclose “wherein the high-speed data communication is faster than a data communication between the terminal and the network.” (in amended claim 1) and “wherein the radio communication node and the network perform high-speed data communication that is faster than a data communication between the terminal and the network” (in amended claim 3).
In response to applicant's argument, the examiner respectfully disagrees with the applicant's response.
Khoryaev Fig. 11, [00131]-[00132] discloses a vehicle including a one or more radio terminal devices (e.g., UEs) 1120-1122 which form the radio communication system 1121. The vehicle also comprises an antenna system 1123 for transmitting and receiving with the radio communication network 1121. The radio terminal device in Khoryaev corresponds to the “terminal” in claim 1 and the antenna system 1123 in Khoryaev corresponds to the “radio communication node”. The radio communication network 1121 of the UE/terminal can use different RATs. Khoryaev [0040] discloses RATs/cellular wide area radio communication technology includes 2G, 3G, CDMA and other lower speed technologies used by the UE/terminal. Khoryaev [0037] discloses Long Term Evolution (LTE) Vehicle-to-Vehicle (V2V) and Vehicle-to-Everything (V2X)) used by the antenna system 1123. One of ordinary skill in the art would have known that the Long Term Evolution (LTE) Vehicle-to-Vehicle (V2V) and Vehicle-to-Everything (V2X)) used by the antenna system 1123 is higher speed than 2G, 3G, CDMA used by the UE/terminal 1120 radio communication system 1121.
For these reasons, the Applicant’s arguments is not persuasive and amended claims 1 and 3 are under 35 U.S.C. 103.
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[00131] FIG. 11 illustrates an exemplary internal configuration of a vehicular terminal device 1100 according to some aspects described herein. Referring to FIG. 11, vehicular terminal device 1100 may include a steering and movement system 1 125, a radio communication system 1121, and an antenna system 1123. The internal components of vehicular terminal device 7100 may be arranged or enclosed within a vehicular housing, such as an automobile body, plane or helicopter fuselage, boat hull, or similar type of vehicular body dependent on the type of vehicle that vehicular terminal device 1100 is….
[00132] Vehicular terminal device 1100 may further include one or more radio terminal devices (e.g., UEs) 1120-1122, which may form the radio communication system 1121. The radio communication system 1121 may be configured to implement one or more different RATs.
Claim Rejections - 35 USC § 103
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.
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.
3. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Periyalwar, US 2015/0092676 hereafter Periyalwar in view of Macdonald et al, US 2015/0222553 hereafter Macdonald and further in view of Khoryaev et al, WO 2018/064179 AI hereafter Khoryaev.
As for claim 1, Periyalwar discloses:
A radio communication node (Periyalwar, Fig. 1, Fig. 12, [0035]-[0036], [0273], The superspot antenna 150 ) comprising:
a receiving unit (Periyalwar, Fig. 12, 1260, [0273], The RF communication subsystem of the superspot) receiving downlink data for a terminal from a network in an area where high-speed data communication is possible (Periyalwar, FIG. 6, 655, FIG.7 725, [0035], [0152], [0158], Receiving/downloading downlink data for a mobile device 120 from a network/base station in a mm-wave cell/area 110 where high-speed/4G/5G data communication is possible); and
a transmitting unit (Periyalwar, Fig. 12, 1260, [0273], The RF communication subsystem of the superspot) transmitting the downlink data that is retained unit (Periyalwar, [0254], [0269], [0274]-[0275], Downlink data that is retained/stored at the superspot) to the terminal when radio communication with the terminal is made possible by a movement of the radio communication node or the terminal (Periyalwar, FIG. 6, 735, [0150]-[0151], [0158], [0185], Transmitting the downlink data to the mobile device 120 when communication with the terminal is made possible by movement/path which places the terminal in the vicinity of the mm-wave superspot),
Periyalwar does not explicitly disclose wherein the high-speed data communication is faster than a predetermined level….wherein the radio communication node is installed in a vehicle.
However, Macdonald discloses wherein the high-speed data communication is faster than a predetermined level (Macdonald, Fig. 2, Fig. 5, [0041], [0043], [0065], Wherein the wireless communication rate/performance is faster/above that the requested/required/predetermined/QoS level)….wherein the radio communication node is installed in a vehicle (Macdonald, Figure 1, 12, 28, 30, [0005], [0017]-[0023], The communication components installed in the vehicle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Periyalwar with wherein the high-speed data communication is faster than a predetermined level….wherein the radio communication node is installed in a vehicle as taught by Macdonald to provide improved user experience at the terminal (Macdonald, [0052]).
The combination of Periyalwar and Macdonald does not explicitly disclose wherein the high-speed data communication enables carrier aggregation (CA) or dual connectivity (DC)… wherein the high-speed data communication is faster than a data communication between the terminal and the network.
However, Khoryaev discloses wherein the high-speed data communication enables carrier aggregation (CA) or dual connectivity (DC) (Khoryaev, page 6, lines 19-21, Communication channels may also use carrier aggregation across radio communication technologies and standards, or flexibly adapt bandwidth to communication needs. [00160]- [00161], [00163] Dual band communications)…wherein the high-speed data communication is faster than a data communication between the terminal and the network (Khoryaev, [0037]-[0040], The data speed for the various networks can be configured are such that the high-speed data communication is faster than data communication between the terminal and the network. Fig. 11, [00131]-[00132], One of ordinary skill in the art would have known that the Long Term Evolution (LTE) Vehicle-to-Vehicle (V2V) and Vehicle-to-Everything (V2X)) used by the antenna system 1123 is higher speed than 2G, 3G, CDMA used by the UE/terminal 1120 radio communication system 1121).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Periyalwar and Macdonald with wherein the high-speed data communication enables carrier aggregation (CA) or dual connectivity (DC)… wherein the high-speed data communication is faster than a data communication between the terminal and the network as taught by Khoryaev to provide more reliable data links and dynamic bandwidth adaption (Khoryaev, [0034], [00160]).
4. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Periyalwar, US 2015/0092676 in view of Macdonald et al, US 2015/0222553 and further in view of Khoryaev et al, WO 2018/064179 AI as applied to claim 1 above, and further in view of JP 2018-056774 (as cited in the IDS dated 09/15/2022) hereafter JP ‘774.
As for claim 2, Periyalwar discloses:
The receiving unit receives uplink data from the terminal (Periyalwar, FIG. 8, 840, [0163], Receiving uplink data from the mobile device), and the transmitting unit transmits the uplink data that is retained (Periyalwar, [0124], [0254], [0269], [0274]-[0275], Downlink/uplink data that is retained/stored at the superspot) to the network (Periyalwar, FIG. 8, 840, [0163], Transmitting the uplink data to the network/mmwSB).
The combination of Periyalwar, Macdonald, and Khoryaev does not explicitly disclose the transmitting unit transmits the uplink data that is retained to the network when the radio communication node moves into an area where the high-speed data communication is possible.
However, JP ‘774 discloses the transmitting unit transmits the uplink data that is retained to the network when the radio communication node moves into an area where the high-speed data communication is possible (JP ‘774, [0021], [0030]-[0031], The transmitter of the moving base station (vehicle) transmits the stored uplink data to the fixed base station when the moving base station (vehicle) moves to an area/vicinity with increased capacity/high communication quality).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Periyalwar, Macdonald, and Khoryaev with the transmitting unit transmits the uplink data that is retained to the network when the radio communication node moves into an area where the high-speed data communication is possible as taught by JP ‘774 to provide more reliable communications (JP ‘774, [0036]).
5. Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Periyalwar, US 2015/0092676 in view of JP 2018-056774 (as cited in the IDS dated 09/15/2022) hereafter JP ‘774 and further in view of Gao et al, US 2017/0295458 hereafter Gao and further in view of
As for claim 3, Periyalwar discloses:
A terminal (Periyalwar, FIG. 11, [0270], The mobile device 1110) comprising:
a receiving unit (Periyalwar, FIG. 11, [0270], The RF communication subsystem of the mobile device) receiving node information including information of a radio communication node located in a surrounding area of the terminal from a network (Periyalwar, FIG. 6, 635, FIG. 7, 715, [0150]-[0151], Receiving information/proximity list of a superspot located and moving into proximity of the mobile device from a network/mmwsG); and
a control unit (Periyalwar, FIG. 11, [0270], The main processor of the mobile device) determining a radio communication node as a connection destination based on the node information (Periyalwar, FIG. 6, 635, FIG. 7, 715, [0125], [0150]-[0151], Determining a superspot as a communication destination based on the received information/proximity list),
wherein the radio communication node and the network perform high-speed data communication that is faster than a data communication between the terminal and the network (Periyalwar, [0003], [0033]-[0035], [0091], The mm-wave band communication (e.g., 30 GHz, 60-70 GHz, or other relatively high GHz bands) between the superspot 150 and the network 140 are faster than the low band (e.g., 1 GHz) low/insufficient data rate communication between the vehicle/terminal 120 at the network. The data throughput over the mm-wave bandwidth may be very high, such as 100-1000 times higher than the cellular throughput).
Periyalwar does not explicitly disclose moving in a surrounding area of the terminal.
However, JP ‘774 discloses moving in a surrounding area of the terminal (JP ‘774, [0021], [0030]-[0031], The moving base station (vehicle) moves in the area/vicinity of the terminal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Periyalwar with moving in a surrounding area of the terminal as taught by JP ‘774 to provide more reliable communications (JP ‘774, [0036]).
The combination of Periyalwar and JP ‘774 does not explicitly disclose wherein the node information comprises a movement of the moving radio communication node.
However, Gao discloses wherein the node information comprises a movement of the moving radio communication node (Gao, [0025], [0079]-[0080], Mobility information/indication of the moving AP is received by the UE.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Periyalwar and JP ‘774 with wherein the node information comprises a movement of the moving radio communication node as taught by Gao to provide more efficient radio communications.
The combination of Periyalwar, JP ‘774 and Gao does not explicitly disclose wherein the radio communication node and the network perform high-speed data communication that is faster than a data communication between the terminal and the network.
However, Khoryaev discloses wherein the radio communication node and the network perform high-speed data communication that is faster than a data communication between the terminal and the network (Khoryaev, [0037]-[0040], The data speed for the various networks can be configured are such that the high-speed data communication is faster than data communication between the terminal and the network. Fig. 11, [00131]-[00132], One of ordinary skill in the art would have known that the Long Term Evolution (LTE) Vehicle-to-Vehicle (V2V) and Vehicle-to-Everything (V2X)) used by the antenna system 1123 and the network is higher speed than 2G, 3G, CDMA used by the UE/terminal 1120 radio communication system 1121).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Periyalwar, JP ‘774 and Gao with wherein the radio communication node and the network perform high-speed data communication that is faster than a data communication between the terminal and the network as taught by Khoryaev to provide more reliable data links and dynamic bandwidth adaption (Khoryaev, [0034], [00160]).
As for claim 4, Periyalwar discloses:
The node information is determined by current positions of the terminal (Periyalwar, [0027], [0125], [0061], Determining the mobile device current location) and the radio communication node (Periyalwar, [0027], [0125], Determining the coordinates of the superspot).
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Sato et al, US 2016/0255589 discloses [0148] the communication node 100 of the mobile communication network 30 performs a determination process (S1110). In other words, the communication node 100 determines whether a predetermined condition for connection of the wireless communication terminal 60 to the wireless communication network 40 is satisfied.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 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, IAN MOORE can be reached on (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469