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 .
Response to Arguments
Applicant's arguments filed September 11 2025 have been fully considered but they are not persuasive. In regards to the applicants arguments regarding the rejection of claim 1 under 35 U.S.C. § 103 over the combination of Lohman (Of Record) in view of Leung (Of Record), and further in view of Fujii (Of Record), the examiner respectfully disagrees. More specifically the applicant argues the teachings of Lohman with respect the round trip times as disclosed in Para [0031] of Lohman and the claimed “terrestrial downlink receive windows”. More specifically the applicant argues on (Pg. 1 of the remarks) that it is not clear what precisely the examiner is equating in the rejection based on the Lohman reference to “the terrestrial downlink receive windows”. The applicant also argues that the round trip time disclosed in Para [0031] of Lohman is not a “window”.
In light of the applicants specification in US (2023/0043514) with respect to (Fig. 5 and Para’s [0082], [0162], [0164], & [0166]), a downlink receive window refers to a period of time in which the end point device monitors for an acknowledgment received from a terrestrial gateway following transmission of the claimed “first packet” from the endpoint device. Therefore with respect to (Fig. 5 and Para’s [0082], [0162], [0164], & [0166]) of the applicants specification, the claimed “first set of downlink receive windows” are part of a round trip time or delay process since an acknowledgment is monitored by the end point device in response to a initial uplink packet transmission (see Fig. 5 i.e., EP Tx 504 of the applicants specification & Para [0082] i.e., Block 504 represents an UP UL transmission (TX). Receive (RX) windows 1 & 2 represents a first receive window and a second receive window corresponding to terrestrial gateways in which the EP device monitors for an ACK in response to the EP TX 504).
Therefore the round trip time or delay disclosed in Para [0031] of Lohman in which a first message is transmitted to a respective CSR 103 via a respective terrestrial path will include a “downlink receive window” associated with each terrestrial path in which the end point device will monitor for a received acknowledgment in response to the transmitted first packet such as the ping or test message (Lohman, Para [0031]).
For example once the endpoint device sends the ping or test message (i.e., claimed “first packet”), there will be a period of time or window (i.e., “downlink receive window”) in which the endpoint device begins to monitor or listen for the acknowledgement of the first packet up until the configured threshold time or even the certain period of time as disclosed in Para [0031] of Lohman. This period of time will refer to the claimed “terrestrial downlink receive window” and therefore the round trip delay measured for each respective terrestrial network will include a “terrestrial downlink receive window” for receiving the acknowledgement from the terrestrial network.
In regards to the applicants argument regarding what exactly the monitoring window is in the Lohman reference and its duration and start time, referring back to Para [0031] of Lohman, the moment after the end point device sends the pings or test message can be reasonably interpreted as the start time of the downlink receive window up to the configured threshold time for receiving the acknowledgement or response to the ping which can be interpreted as the “terrestrial downlink receive window” since the end point device will monitor or listen for the acknowledgement after sending the ping message.
Since Lohman discloses in Para [0017] that the DM determines whether congestion is present over any terrestrial paths between the RSC 113 and the respective cell sites with respect to Fig. 1, and Para [0031] discloses congestion may be monitored for each of the CSRs of the respective terrestrial networks, then a set of “terrestrial downlink receive windows” will be associated with each round trip delay of the respective terrestrial paths or networks to the CSRs 103a and 103n.
In regards to the applicants arguments on Pg. 9 of the remarks, the applicant argues “what support the Examiner has in the Lohman reference for the timing features recited in claim 1 relating to the recited windows”. More specifically the applicant argues where the “satellite downlink receive window” is disclosed in the teachings of Lohman. However the teachings of Lohman does not teach or is necessarily required to teach the claimed satellite downlink receive window, as the timing features such as “a first set of terrestrial downlink receive windows which precedes a “satellite downlink receive window” is disclosed in the teachings of Fujii (Of Record).
In light of the applicants specification in US (2023/0043514) in (Para’s [0109], [0166], & [0180]), the satellite downlink receive window is an additional window that is monitored in addition to said first set of downlink receive windows.
The teachings of Fujii (Of Record) discloses a satellite downlink receive window which is an additional window for monitoring downlink signals from the satellite system in addition to a first set of downlink receive windows for monitoring downlink signals from the terrestrial system (see Figures 5-6 & Para’s [0067-0069]). Since Para [0067] of Fujii discloses in the example shown in Fig. 6, the allocation of time slots is not limited to the illustrated example. Therefore it would be obvious to one of ordinary skill in the art for the time slots T5-T8 to be configured as a satellite downlink receive window for receiving downlink signals from the satellite system and to be configured after a set of terrestrial downlink receive windows which may be configured as time slots T1-T2 and T3-T4 for each terrestrial downlink receive window which is used for monitoring a downlink signal from the terrestrial system when combining the teachings of Lohman in view of Fujii. For the reasons explained the combined teachings of Lohman in view of Fujii discloses the claim feature of “a first set of terrestrial downlink receive windows which precedes a “satellite downlink receive window”. It would be obvious to one of ordinary skill in the art for the teachings of Lohman to include an additional satellite downlink receive window such as the satellite downlink receive window disclosed in Fujii for also monitoring downlink signals received from the satellite system during the satellite downlink receive window in addition to the first set of terrestrial downlink receive windows.
For the reasons explained the rejection of independent claims 1 and 11 under 35 U.S.C. § 103 is maintained over the combination of Lohman (Of Record) in view of Leung (Of Record), and further in view of Fujii (Of Record). The dependent claims remain rejected over the prior art (Of Record) based at least on their dependence to claims 1 and 11.
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.
2. Claims 1-4, 7, 9-14, 17, 19-20, and 24-26 are rejected under 35 USC 103 as being unpatentable over Lohman et al. US (2015/0124616) in view of Leung et al. USP (8,675,572), and further in view of Fujii US (2019/0075468).
Regarding Claim 1, Lohman discloses a communications method implemented by an end point (EP) device (see Fig. 1 i.e., RSC 113), the method comprising: transmitting, while operating the EP device in a satellite compatible mode of operation, a first packet; (see Para’s [0013] i.e., when congestion is detected, determine which traffic or IP flows can be moved from the congested terrestrial paths to satellite links; transfer the determined flows to the satellite links (i.e., operating in “satellite compatible mode of operation”); and transfer IP flows back from the satellite links to the respective terrestrial network paths when the congestion ends, [0017] i.e., Then, at step 207, the DM commands the router 115 to transfer the identified IP flow(s) or application data for transmission to the respective cell sites via the satellite gateway 117 to the CSRs of the respective cell sites over satellite communication channels (i.e., operating in “satellite compatible mode of operation”). At step 209, the DM continues to monitor the terrestrial congestion with respect to the transferred paths (i.e., monitoring for congestion in step 209 includes transmitting a “first packet” such as a ping or test message to the CSRs of the terrestrial networks as disclosed in Para [0031]) , and at step 211, the DM determines whether congestion is still present over the terrestrial paths for which the traffic was transferred to the satellite links, [0031] i.e., the congestion may be monitored or determined by sending pings or test messages (i.e., “first packet”) to the CSRs and measuring the round trip delay of the respective terrestrial networks)
monitoring for an acknowledgment corresponding to said first packet in a first set of terrestrial downlink receive windows; (In light of the applicants specification as filed in Para [00102], the EP device monitoring a first set of downlink receive windows may refer to monitoring one or more receive windows associated with terrestrial gateways), (see Lohman Fig. 1 & Para [0031] i.e., According to a further embodiment, congestion may be monitored or determined by sending pings or test messages (i.e., “first packet”) to the CSRs and measuring the round trip delay of the respective terrestrial networks. When the round trip delay exceeds a configured threshold (i.e., monitoring for an acknowledgement of the ping during the configured threshold time) consistently over a certain period of time (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network), the DM may conclude a congestion condition exists) (The examiner takes notice that it is well known in the ping protocol that the round trip delay is defined as the total time duration from when the packet is transmitted from the source to the destination and when an acknowledgement to the packet is received back at the source).
and performing one of i) transitioning from said satellite compatible mode of operation to a terrestrial mode of operation when an acknowledgement corresponding to said first packet is received in the first set of terrestrial downlink receive windows; (see Para’s [0013] i.e., and transfer IP flows back from the satellite links to the respective terrestrial network paths (i.e., transitioning from satellite compatible mode of operation to “terrestrial mode of operation” ) when the congestion ends, [0017] i.e., At step 209, the DM continues to monitor the terrestrial congestion with respect to the transferred paths and at step 211, the DM determines whether congestion is still present over the terrestrial paths for which the traffic was transferred to the satellite links…If the congestion has been alleviated (i.e., suggests an acknowledgement is received within the configured threshold period of time when measuring the round trip delay), then the DM commands the router 115 to transfer the IP flows or application data back to the respective terrestrial network paths (i.e., transitioning from satellite compatible mode of operation to “terrestrial mode of operation” ), [0020], & [0031] i.e., the congestion may be monitored or determined by sending pings or test messages to the CSRs and measuring the round trip delay of the respective terrestrial networks. When the round trip delay exceeds a configured threshold (i.e., monitoring for an acknowledgement of the ping during the configured threshold time) consistently over a certain period of time (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network), the DM may conclude a congestion condition exists)).
or ii) monitoring for an acknowledgement corresponding to said first packet in the satellite downlink receive window and continuing to operate in satellite compatible mode of operation when an acknowledgement to said first packet is not received in said first set of terrestrial downlink receive windows.
While Lohman discloses congestion may be monitored or determined by sending pings to the CSRs and measuring the round trip delay of the respective terrestrial networks with respect to a configured threshold (Lohman, see Para [0031]), Lohman does not explicitly disclose that an acknowledgment is received within the round trip delay. However the claim feature would be rendered obvious in view of Leung et al. USP (8,675,572).
Leung discloses the round-trip delay may be determined by pinging an RNC (i.e., sending a PING message to the RNC) and determining how long it takes to receive a response (i.e., “acknowledgment”) from the RNC (i.e., a PING response message) (i.e., “acknowledgment”), (see Col. 7 lines 47-55).
(Leung suggests preferably, the BTS uses the round-trip delay between the BTS and RNC as a measure of the congestion on the communication path (see Col. 7 lines 47-55).
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing for the congestion of the terrestrial network monitored by sending pings to the CSRs and measuring the round trip delay of the respective terrestrial networks with respect to a configured threshold as disclosed in Lohman to include determining whether an acknowledgment is received within the round trip delay based on teachings of Leung who discloses the round-trip delay may be determined by pinging an RNC and determining how long it takes to receive a response or acknowledgment from the RNC, because the motivation lies in Leung that preferably, the BTS uses the round-trip delay between the BTS and RNC as a measure of the congestion for accurately measuring the congestion on the communication path.
The combination of Lohman in view of Leung does not disclose the claim feature of the first set of terrestrial downlink receive windows precede a satellite downlink receive window. However the claim feature would be rendered obvious in view of Fujii US (2019/0075468).
Fujii discloses a first set of terrestrial downlink receive windows precede a satellite downlink receive window (see Fig. 6 i.e., terrestrial downlink time slots T1-T3 (i.e., “terrestrial downlink receive windows”) may be configured to precede a satellite downlink time slot T4 (i.e., “satellite downlink receive window”) & Para’s [0067] i.e., Moreover, in an example shown in the figure, although time slots T1 to T3, T5 and T6 are allocated to the terrestrial system and other time slots T4, T7 and T8 are allocated to the satellite system, the allocation of the time slots is not limited to the illustrated example (i.e., suggests terrestrial downlink time slots may be configured or allocated to precede a satellite downlink time slot as a possibility since the allocation of the time slots is not limited to the illustrated example), [0068] i.e., On the contrary, in the downlink radio communication from the terrestrial cellular base station 20 of the terrestrial system to the communication terminal apparatus 10, all of the time slots T1 to T3, T5 and T6 allocated to the terrestrial system and a part of the time slots, T4, T7, and T8 allocated to the satellite system are used. As a result, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount, [0069] i.e., For example, when the downlink traffic amount is small, it may be controlled to use the time slots T1 to T3, T5 and T6 allocated to the terrestrial system without using time slots allocated to the satellite system, and when the downlink traffic amount increases, it may be controlled to further use a part of the time slots T4, T7, and T8 allocated to the satellite system (i.e., the terrestrial and satellite time slots are downlink time slots) & [0073]).
(Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount, (see Para’s [0068], [0070] & [0073], & [0077-0078])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the communication system including the first set of terrestrial downlink receive windows as disclosed in Lohman in view of Leung to include the allocation of the first set of terrestrial downlink receive windows which precede a satellite downlink receive window as disclosed in the teachings of Fujii, because the motivation lies in Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount.
Regarding Claim 2, the combination of Lohman in view of Leung, and further in view of Fujii discloses the method of claim 1, wherein different terrestrial downlink receive windows in said set of terrestrial downlink receive windows correspond to different terrestrial gateways, (Lohman, see Fig. 1 i.e., CSRs 103a to 103n may correspond to different terrestrial gateways and MIP networks 105a & 105n which route traffic between RSC 113 and the cell sites 101a-101n via respective terrestrial paths may also be interpreted as different terrestrial gateways & Para’s [0010-0011], [0013], & [0031] i.e., congestion may be monitored or determined by sending pings or test messages to the CSRs and measuring the round trip delay of the respective terrestrial network, When the round trip delay exceeds a configured threshold consistently over a certain period of time, the DM may conclude that a congestion condition exists (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network)).
Regarding Claim 3, the combination of Lohman in view of Leung discloses the method of claim 2, but does not disclose the claim feature of wherein said satellite downlink receive window has a duration which is longer than individual terrestrial downlink receive windows included in said set of satellite downlink receive windows. However the claim feature would be rendered obvious in view of Fujii US (2019/0075468).
Fujii discloses wherein said satellite downlink receive window has a duration which is longer than individual terrestrial downlink receive windows included in said set of satellite downlink receive windows (see Fig. 6 & Para [0067] i.e., Moreover, in an example shown in the figure, although time slots T1 to T3, T5 and T6 are allocated to the terrestrial system and other time slots T4, T7, and T8 are allocated to the satellite system, the allocation of time slots is not limited to the illustrated example (i.e., suggests satellite downlink receive window may be configured or allocated to include slots T5-T8 as an example which is longer in duration than individual terrestrial downlink time slots T1 and T2 (i.e., “terrestrial downlink receive windows”) since the allocation of time slots is not limited in the illustrated example) & [0068-0069]).
(Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount, (see Para’s [0068], [0070] & [0073], & [0077-0078])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the communication system including the first set of terrestrial downlink receive windows as disclosed in Lohman in view of Leung to include the allocation of the first set of terrestrial downlink receive windows which precede a satellite downlink receive window which may be configured to have a duration which is longer than individual terrestrial downlink receive windows as disclosed in the teachings of Fujii, because the motivation lies in Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount.
Regarding Claim 4, the combination of Lohman in view of Leung, and further in view of Fujii discloses the method of claim 1, wherein said first packet is directed to a sever (Lohman, see Fig. 1 i.e., CSR 103) which is in communications with a satellite (Lohman, see Fig. 1 i.e., satellite 123 & Para [0012]) and multiple terrestrial gateways, (Lohman, see Fig. 1 i.e., MIP network 105 and RIP network 111 may be terrestrial gateways in communication with CSR 103 Para’s [0010-0012] i.e., The RIP network 111, in conjunction with each MIP network, thereby provides for terrestrial data communications between the RSC 113 and the respective cell site (e.g., the RIP network 111, in conjunction with the MIP network 105a, provides for terrestrial data communication between the RSC 113 and the cell site 101a, [0019-0020] i.e., the CSR collects and reports congestion statistics and therefore may be a server, & [0031] i.e., sending pings (i.e., “first packet”) or test messages to the CSRs)
Regarding 7, the combination of Lohman in view of Leung, and further in view of Fujii discloses the method of claim 1, further comprising: operating the end point device, prior to operating in satellite compatible mode of operation, in a terrestrial mode of operation, (Lohman, see Para’s [0013] i.e., determine which traffic or IP flows can be moved from the congested terrestrial paths to satellite links and transfer the determined flows to the satellite links suggests the device operates first in a terrestrial mode of operation prior to operating in the satellite compatible mode of operation & [0017])
Regarding Claim 9, the combination of Lohman in view of Leung, and further in view of Fujii discloses the method of claim 8, further comprising: switching from said terrestrial mode of operation to said satellite mode of operation (Lohman, see Para’s [0013] i.e., transfer the determined flows from terrestrial paths to the satellite links when congestion is detected & [0017]) in response to a failure to receive an acknowledgement from a terrestrial gateway to said packet transmitted during said terrestrial mode of operation, (Lohman, see Fig. 2 i.e., step 211 & Para’s [0013], [0017] i.e., if it is determined that congestion exists on one or more particular terrestrial paths between the RSC and one or more respective cell sites, then the DM determines or identifies particular IP flow or application data candidates for transmission via satellite channels…Then, at step 207, the DM commands the router 115 to transfer the identified IP flows or application data for transmission to the respective cell sites via the satellite GW 117 to the CSRs of the respective cell sites over satellite transmission channels & [0031] i.e., According to a further embodiment, congestion may be monitored or determined by sending pings or test messages (i.e., “first packet”) to the CSRs and measuring the round trip delay of the respective terrestrial networks. When the round trip delay exceeds a configured threshold (i.e., monitoring for an acknowledgement of the ping during the configured threshold time) consistently over a certain period of time, the DM may conclude a congestion condition exists).
Regarding Claim 10, the combination of Lohman in view of Leung, and further in view of Fujii discloses the method of claim 7, further comprising: storing information in said end point device indicating that said end point device is a high QoS end point device, (Lohman, see Para’s [0002] i.e., voice services suggests high QoS requirements of the UE, [0016] i.e., Multiple applications (i.e., “information”) may be running in a UE at the same time and each one may have different QoS requirements (i.e., QoS information)…maximum bitrate of the traffic flow suggests high QoS & [0035] i.e., class of traffic is determined by the QCI (QoS Class of Index) includes delay insensitive applications suggests high QoS requirements of the UE)
said high QoS end point device being an end point device entitled to use satellite communication (Lohman, see Fig. 1 i.e., satellite gateway 117) when terrestrial communication is unable to provide a desired QoS level to which the end point device is entitled, (Lohman, see Para’s [0002], [0013], [0016] i.e., multiple applications may be running in a UE at the same time and each one may have different QoS requirements, [0017] i.e., if it is determined that congestion exists on one or more particular terrestrial paths between the RSC and one or more respective cell sites, then the DM determines or identifies particular IP flow or application data candidates for transmission via satellite links, & [0035])
Regarding Claim 11, Lohman discloses a communications end point (EP) device (see Fig. 1 i.e., RSC 113), comprising: a receiver (see Fig. 1 i.e., router 115 of RSC 113 may receive data); a transmitter (see Fig. 1 i.e., router 115 of RSC 113 may transmit data); memory (see Para [0040] i.e., non-transitory memory); and a processor (see Para [0040] i.e., processor) configured to control the communications end point (see Fig. 1 i.e., RSC 113) to: transmit, while operating in a satellite compatible mode of operation, a first packet; (see Para’s [0013] i.e., when congestion is detected, determine which traffic or IP flows can be moved from the congested terrestrial paths to satellite links; transfer the determined flows to the satellite links (i.e., operating in “satellite compatible mode of operation”); and transfer IP flows back from the satellite links to the respective terrestrial network paths when the congestion ends, [0017] i.e., Then, at step 207, the DM commands the router 115 to transfer the identified IP flow(s) or application data for transmission to the respective cell sites via the satellite gateway 117 to the CSRs of the respective cell sites over satellite communication channels (i.e., operating in “satellite compatible mode of operation”). At step 209, the DM continues to monitor the terrestrial congestion with respect to the transferred paths (i.e., monitoring for congestion in step 209 includes transmitting a “first packet” such as a ping or test message to the CSRs of the terrestrial networks as disclosed in Para [0031]) , and at step 211, the DM determines whether congestion is still present over the terrestrial paths for which the traffic was transferred to the satellite links, [0031] i.e., the congestion may be monitored or determined by sending pings or test messages (i.e., “first packet”) to the CSRs and measuring the round trip delay of the respective terrestrial networks)
monitor for an acknowledgment corresponding to said first packet in a first set of terrestrial downlink receive windows; (In light of the applicants specification as filed in Para [00102], the EP device monitoring a first set of downlink receive windows may refer to monitoring one or more receive windows associated with terrestrial gateways), (see Lohman Fig. 1 & Para [0031] i.e., According to a further embodiment, congestion may be monitored or determined by sending pings or test messages (i.e., “first packet”) to the CSRs and measuring the round trip delay of the respective terrestrial networks. When the round trip delay exceeds a configured threshold (i.e., monitoring for an acknowledgement of the ping during the configured threshold time) consistently over a certain period of time (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network), the DM may conclude a congestion condition exists) (The examiner takes notice that it is well known in the ping protocol that the round trip delay is defined as the total time duration from when the packet is transmitted from the source to the destination and when an acknowledgement to the packet is received back at the source).
and perform one of i) transitioning from said satellite compatible mode of operation to a terrestrial mode of operation when an acknowledgement corresponding to said first packet is received in the first set of terrestrial downlink receive windows; (see Para’s [0013] i.e., and transfer IP flows back from the satellite links to the respective terrestrial network paths (i.e., transitioning from satellite compatible mode of operation to “terrestrial mode of operation” ) when the congestion ends, [0017] i.e., At step 209, the DM continues to monitor the terrestrial congestion with respect to the transferred paths and at step 211, the DM determines whether congestion is still present over the terrestrial paths for which the traffic was transferred to the satellite links…If the congestion has been alleviated (i.e., suggests an acknowledgement is received within the configured threshold period of time when measuring the round trip delay), then the DM commands the router 115 to transfer the IP flows or application data back to the respective terrestrial network paths (i.e., transitioning from satellite compatible mode of operation to “terrestrial mode of operation” ), [0020], & [0031] i.e., the congestion may be monitored or determined by sending pings or test messages to the CSRs and measuring the round trip delay of the respective terrestrial networks. When the round trip delay exceeds a configured threshold (i.e., monitoring for an acknowledgement of the ping during the configured threshold time) consistently over a certain period of time (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network), the DM may conclude a congestion condition exists)).
or ii) monitoring for an acknowledgement corresponding to said first packet in the satellite downlink receive window and continuing to operate in satellite compatible mode of operation when an acknowledgement to said first packet is not received in said first set of terrestrial downlink receive windows.
While Lohman discloses congestion may be monitored or determined by sending pings to the CSRs and measuring the round trip delay of the respective terrestrial networks with respect to a configured threshold (Lohman, see Para [0031]), Lohman does not explicitly disclose that an acknowledgment is received within the round trip delay. However the claim feature would be rendered obvious in view of Leung et al. USP (8,675,572).
Leung discloses the round-trip delay may be determined by pinging an RNC (i.e., sending a PING message to the RNC) and determining how long it takes to receive a response (i.e., “acknowledgment”) from the RNC (i.e., a PING response message) (i.e., “acknowledgment”), (see Col. 7 lines 47-55).
(Leung suggests preferably, the BTS uses the round-trip delay between the BTS and RNC as a measure of the congestion on the communication path (see Col. 7 lines 47-55).
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing for the congestion of the terrestrial network monitored by sending pings to the CSRs and measuring the round trip delay of the respective terrestrial networks with respect to a configured threshold as disclosed in Lohman to include determining whether an acknowledgment is received within the round trip delay based on teachings of Leung who discloses the round-trip delay may be determined by pinging an RNC and determining how long it takes to receive a response or acknowledgment from the RNC, because the motivation lies in Leung that preferably, the BTS uses the round-trip delay between the BTS and RNC as a measure of the congestion for accurately measuring the congestion on the communication path.
The combination of Lohman in view of Leung does not disclose the claim feature of the first set of terrestrial downlink receive windows precede a satellite downlink receive window. However the claim feature would be rendered obvious in view of Fujii US (2019/0075468).
Fujii discloses a first set of terrestrial downlink receive windows precede a satellite downlink receive window (see Fig. 6 i.e., terrestrial downlink time slots T1-T3 (i.e., “terrestrial downlink receive windows”) may be configured to precede a satellite downlink time slot T4 (i.e., “satellite downlink receive window”) & Para’s [0067] i.e., Moreover, in an example shown in the figure, although time slots T1 to T3, T5 and T6 are allocated to the terrestrial and other time slots T4, T7 and T8 are allocated to the satellite system, the allocation of the time slots is not limited to the illustrated example (i.e., suggests terrestrial downlink time slots may be configured or allocated to precede a satellite downlink time slot as a possibility since the allocation of the time slots is not limited to the illustrated example), [0068] i.e., On the contrary, in the downlink radio communication from the terrestrial cellular base station 20 of the terrestrial system to the communication terminal apparatus 10, all of the time slots T1 to T3, T5 and T6 allocated to the terrestrial system and a part of the time slots, T4, T7, and T8 allocated to the satellite system are used. As a result, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount, [0069] i.e., For example, when the downlink traffic amount is small, it may be controlled to use the time slots T1 to T3, T5 and T6 allocated to the terrestrial system without using time slots allocated to the satellite system, and when the downlink traffic amount increases, it may be controlled to further use a part of the time slots T4, T7, and T8 allocated to the satellite system (i.e., the terrestrial and satellite time slots are downlink time slots) & [0073]).
(Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount, (see Para’s [0068], [0070] & [0073], & [0077-0078])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the communication system including the first set of terrestrial downlink receive windows as disclosed in Lohman in view of Leung to include the allocation of the first set of terrestrial downlink receive windows which precede a satellite downlink receive window as disclosed in the teachings of Fujii, because the motivation lies in Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount.
Regarding Claim 12, the claim is directed towards a communications EP device which performs the same claim steps as the method of claim 2. Therefore claim 12 is rejected as obvious over the combination of Lohman in view of Leung, and further in view of Fujii as in claim 2.
Regarding Claim 13, the claim is directed towards a communications EP device which performs the same claim steps as the method of claim 3. Therefore claim 13 is rejected as obvious over the combination of Lohman in view of Leung, and further in view of Fujii as in claim 3.
Regarding Claim 14, the claim is directed towards a communications EP device which performs the same claim steps as the method of claim 4. Therefore claim 14 is rejected as obvious over the combination of Lohman in view of Leung, and further in view of Fujii as in claim 4.
Regarding Claim 17, the claim is directed towards a communications EP device which performs the same claim steps as the method of claim 7. Therefore claim 17 is rejected as obvious over the combination of Lohman in view of Leung, and further in view of Fujii as in claim 7.
Regarding Claim 19, the claim is directed towards a communications EP device which performs the same claim steps as the method of claim 9. Therefore claim 19 is rejected as obvious over the combination of Lohman in view of Leung, and further in view of Fujii as in claim 9.
Regarding Claim 20, the claim is directed towards a communications EP device which performs the same claim steps as the method of claim 10. Therefore claim 20 is rejected as obvious over the combination of Lohman in view of Leung, and further in view of Fujii as in claim 10.
Regarding Claim 24, Lohman discloses the method of claim 1, wherein terrestrial downlink receive windows in the first set of terrestrial downlink receive windows correspond to terrestrial gateways (Lohman, see Fig. 1 i.e., MIP network 105a and 105n in communication with RIP network 111 may be terrestrial gateways in communication with CSR 103a and 103n & Para’s [0010-0012] i.e., The RIP network 111, in conjunction with each MIP network, thereby provides for terrestrial data communications between the RSC 113 and the respective cell site, [0017] i.e., congestion is monitored over the terrestrial data paths, & [0031] i.e., congestion may be monitored for each of the CSRs by sending pings or test messages to the CSRs and measuring the round trip delay of the terrestrial networks. When the round trip delay exceeds a configured threshold consistently over a certain period of time (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network), the DM may conclude that a congestion condition exists) but the combination of Lohman in view of Leung does not disclose and wherein the satellite downlink receive window corresponds to a satellite gateway. However the claim feature would be rendered obvious in view of Fujii US (2019/0075468).
Fujii discloses wherein the satellite downlink receive window corresponds to a satellite gateway (see Fig. 4 i.e., satellite base station 30 (i.e., “satellite gateway”) & Para’s [0030] i.e., and a satellite base station 30 capable of performing a radio communication with the communication terminal apparatus 10 via a communication relay apparatus 41 of an artificial geostationary satellite 40, [0034-0035], & [0067-0068] i.e., downlink time slots allocated to the satellite system for communication between the satellite base station 30 (i.e., “satellite gateway”) of the satellite system and the communication terminal apparatus 10)
(Fujii suggests the satellite gateway such as the satellite base station 30 is used for relaying communication between the satellite 40 and the terminal apparatus 10 in order for the terminal to efficiently perform communications between the terminal and the satellite, (see Para’s [0030] & [0034-0035])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the communication system including the first set of terrestrial downlink receive windows as disclosed in Lohman in view of Leung to include the allocation of the first set of terrestrial downlink receive windows which precede a satellite downlink receive window as disclosed in the teachings of Fujii who discloses wherein the satellite downlink receive window corresponds to a satellite gateway, because the motivation lies in Fujii that the satellite gateway such as the satellite base station 30 is used for relaying communication between the satellite 40 and the terminal apparatus 10 in order for the terminal to efficiently perform communications between the terminal and the satellite.
Regarding Claim 25, Lohman discloses the method of claim 1 wherein terrestrial downlink receive windows, in said set of terrestrial downlink receive windows (see Para [0031] i.e., congestion may be monitored for each of the CSRs by sending pings or test messages to the CSRs and measuring the round trip delay of the terrestrial networks. When the round trip delay exceeds a configured threshold consistently over a certain period of time (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network), the DM may conclude that a congestion condition exists),
each have a different start time (see Para’s [0017] i.e., the DM monitors congestion over the terrestrial data paths…the DM determines whether congestion is present over any terrestrial paths between the RSC 113 and respective cell sites (i.e., it would be obvious to one of ordinary skill that the congestion may be monitored over one terrestrial path before another terrestrial path in time suggesting different start times for the downlink terrestrial receive windows) & [0031] i.e., congestion may be monitored for each of the CSRs by sending pings or test messages to the CSRs and measuring the round trip delay of the terrestrial networks)
and each have a fixed time duration, (see Para’s [0017] & [0031] i.e., congestion may be monitored for each of the CSRs by sending pings or test messages to the CSRs and measuring the round trip delay of the terrestrial networks. When the round trip delay exceeds a configured threshold consistently over a certain period of time (i.e., includes a “first set of terrestrial downlink receive windows” associated with each terrestrial network having a fixed time duration with respect to the configured threshold), the DM may conclude that a congestion condition exists)
Regarding Claim 26, the combination of Lohman in view of Leung discloses the method of claim 25, but does not disclose the claim feature of wherein the satellite downlink receive window has a start time following a last terrestrial downlink receive window in said set of terrestrial downlink receive windows and a fixed time duration which is larger than the fixed time duration of the terrestrial downlink receive windows. However the claim feature would be rendered obvious in view of Fujii US (2019/0075468).
Fujii discloses wherein the satellite downlink receive window has a start time (see Fig. 6 i.e., time slots T5-T8 may for example be allocated for the satellite system (i.e., satellite downlink receive window having a start time at T5 since the allocation of time slots between satellite and terrestrial systems are not limited in the illustrated example & Para’s [0067-0068] i.e., the allocation of time slots for the terrestrial system and the satellite system is not limited to the illustrated example) following a last terrestrial downlink receive window in said set of terrestrial downlink receive windows (see Fig. 6 i.e., time slots T1-T2 and T3-T4 may be configured as a set of terrestrial downlink receive windows and time slots T3-T4 may for example be configured as a last terrestrial downlink receive window preceding the satellite downlink receive window, since the allocation of time slots between satellite and terrestrial systems are not limited in the illustrated example & Para’s [0067-0068] i.e., the allocation of time slots for the terrestrial system and the satellite system is not limited to the illustrated example)
and a fixed time duration which is larger than the fixed time duration of the terrestrial downlink receive windows (see Fig. 6 i.e., time slots T5-T8 may for example be allocated for the satellite system which is larger than the fixed time duration of the terrestrial downlink receive windows which each include two time slots, since the allocation of time slots between satellite and terrestrial systems are not limited in the illustrated example & Para’s [0067-0068] i.e., the allocation of time slots for the terrestrial system and the satellite system is not limited to the illustrated example)
(Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount, (see Para’s [0068], [0070] & [0073], & [0077-0078])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the communication system including the first set of terrestrial downlink receive windows as disclosed in Lohman in view of Leung to include the allocation of the first set of terrestrial downlink receive windows which precede a satellite downlink receive window having a start time following a last terrestrial downlink receive window in said set of terrestrial downlink receive windows and a fixed time duration which is larger than the fixed time duration of the terrestrial downlink receive windows as disclosed in the teachings of Fujii, because the motivation lies in Fujii suggests that by using the downlink time slots which may precede a satellite downlink time slot, it is possible to improve the spectral efficiency (throughput) of the downlink of the terrestrial system having a large traffic amount.
3. Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lohman et al. US (2015/0124616) in view of Leung et al. USP (8,675,572), and further in view of Fujii US (2019/0075468) as applied to 1 above, and further in view of Churan US (2007/0010246).
Regarding Claims 5 and 15, the combination of Lohman in view of Leung, and further in view of Fujii discloses the method and communications EP device of claims 1 and 11, including the processor is configured to control the communications EP device, as part of being configured to control the communications EP device to transmit the first packet (Lohman, see Paras [0031] & [0040]) but does not disclose the claim feature of wherein said step of transmitting the first packet includes: transmitting said first packet at a maximum transmit power. However the claim feature would be rendered obvious in view of Churan US (2007/0010246).
Churan discloses a first packet may be transmitted at a maximum transmit power to a terrestrial base station (see Fig. 1 i.e., successive access probes 115 (i.e., “first packet”) transmitted to a terrestrial node with incrementally increasing power levels may be increased to a maximum power level & Para [0038] i.e., access probes 115 (i.e., “first packet”) may be transmitted from the terminal 110 at a maximum power level…In other embodiments, the access probes 115 may be transmitted at different power levels, e.g., at incrementally increasing power levels (i.e., an access probe transmissions may be increased to a maximum power level for transmission…but may transmit successive access probes with incrementally increasing power levels (i.e., may be increased to a maximum power level) when attempting to access a wireless communication system via a terrestrial node, e.g., a terrestrial base station)
(Churan suggests the transmit power of the access probe may be increased to a maximum transmit power in order for the base station to successfully decode and acknowledge the access probe and to successfully attempt to access the wireless communications system via the terrestrial base station (see Para’s [0010] & [0038])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first packet transmitted via the terrestrial path as disclosed in Lohman in view of Leung, and further in view of Fujii to be transmitted at a maximum transmit power when attempting to access the wireless communication system via a terrestrial base station as disclosed in the teachings of Churan who discloses a first packet such as an access probe may be transmitted at a maximum transmit power to a terrestrial base station, because the motivation lies in Churan the transmit power of the access probe may be increased to a maximum transmit power in order for the base station to successfully decode and acknowledge the access probe and to successfully attempt to access the wireless communications system via the terrestrial base station.
4. Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lohman et al. US (2015/0124616) in view of Leung et al. USP (8,675,572), and further in view of Fujii US (2019/0075468), and further in view of Churan US (2007/0010246) as applied to claim 5 above, and further in view of Webb et al. US (2015/0080000).
Regarding Claims 6 and 16, the combination of Lohman in view of Leung, further in view of Fujii, and further in view of Churan discloses the method and communications EP device of claims 5 and 15, including the processor is configured to control the communications EP device, as part of being configured to control the communications EP device to transmit the first packet (Lohman, see Paras [0031] & [0040]), but does not disclose the claim feature of wherein said step of transmitting the first packet includes transmitting said first packet using a maximum spreading factor. However the claim feature would be rendered obvious in view of Webb et al. US (2015/0080000).
Webb discloses control fields within a MAC frame are preferably sent with a maximum spreading factor (see Para [0069])
(Webb suggests the control fields within the MAC frame are preferably sent with the maximum spreading factor to ensure that all