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
Claims 1-5, 8-12, and 15-19 have been amended.
Claims 1-20 are pending.
1. Applicant's arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejection.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20230198607, hereinafter, “Yang”) in view of Esteves et al. (US 20010000750, hereinafter, “Esteves”), and further in view of Han et al. (US 20130343255, hereinafter, “Han”) and Gilbert et al. (US 8,014,305, hereinafter, “Gilbert”).
Claim 1. Yang teaches: A method of operating an unmanned aerial vehicle (UAV), the method comprising: - See Fig. 1, 7A, ¶ [0016], (“UAV 140”)
operating a wireless radio of the UAV in a dynamic modulation mode, including by: - See Fig. 1, ¶ [0016], (“UAV 140 may include cellular communication capability (e.g., 5G…4G LTE…6G…to allow UAV 140 to receive command and control messages…as well as transmit data and information…UAV 140 may also include a short range wireless communication capability (e.g., WiFi)”)
dynamically adjusting a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate; - See Fig. 7A, ¶ [0052], (“base station 130-1 may modify the MCS associated with transmissions to UAV 140…to reduce the MCS index value associated with the initial transmission by one or two or more…reduce the MCS for transmissions to UAV 140 from, for example, 19 to 14”)
monitoring for when the modulation rate of the signal reaches a low end of the range; - in ¶ [0054 - 0055], (“base station 130-1 may determine if the current MCS…is at a minimum value (block 750)…may determine if the MCS index value is zero or some other minimum value…If the current MCS index value is not at the minimum (block 750—no), base station 130-1 may lower the MCS index value”) and
in response to the modulation rate reaching the low end of the range, determining to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; - in ¶ [0054], (“if the current MCS…is at a minimum value (block 750)…”) and
Yang does not explicitly teach:
operating a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjusting a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate;
in response to the modulation rate reaching the low end of the range, determining to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; and
operating the wireless radio in the fixed modulation mode, including by:
refraining from computing the success ratio while in the fixed modulation mode;
holding the modulation rate of the signal at the low end of the range until a quality of the signal is greater than a threshold; and determining to transition the wireless radio back to the dynamic modulation mode when the quality of the signal is greater than the threshold.
However, Esteves teaches:
operating a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjusting a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate; - in ¶ [0019], (“a base station is operating…in a variable rate transmission mode when the transmission rate…is permitted to vary between successive time slots…”) and
in response to the modulation rate reaching the low end of the range, determining to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; - in ¶ [0025], (“the FixedRateC_I threshold represents the minimum value of the long term average signal to noise ratio…required to switch the system out of the variable rate mode and into the fixed rate mode.”) and
operating the wireless radio in the fixed modulation mode, including by: refraining from computing the success ratio while in the fixed modulation mode; - See Fig. 1, ¶ [0019], (“…fixed rate transmission mode when the transmission rate…is not permitted to vary (and is held fixed)”)
holding the modulation rate of the signal at the low end of the range - See Fig. 1, ¶ [0019], (“…fixed rate transmission mode when the transmission rate…is not permitted to vary (and is held fixed)”) until a quality of the signal is greater than a threshold; - See Fig. 1, ¶ [0012], (“The mobile station will switch from the fixed rate mode back to the variable rate mode either (i) when the designated base station…has a long term average signal to noise ratio that exceeds a threshold”) and determining to transition the wireless radio back to the dynamic modulation mode when the quality of the signal is greater than the threshold. - See Fig. 1, ¶ [0012], (“The mobile station will switch from the fixed rate mode back to the variable rate mode either (i) when the designated base station…has a long term average signal to noise ratio that exceeds a threshold”); ¶ [0026], (“Remaining in the variable rate mode when the FixedRateC_I value is not exceeded in step 150 represents a design choice that, in cases where a minimum data rate cannot be achieved by switching to the fixed rate mode, it is preferable to remain in the variable rate mode and operate with a weak (i.e., low data rate) forward link.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system disclosed by Yang to include the method disclosed by Esteves. One of ordinary skill in the art would have been motivated to make this modification to apply the dual modulation modes and techniques taught by Esteves to a UAV system and method taught by Yang in order to ensure reliability in UAV flight conditions, as suggested by Esteves, method for controlling the transmission rate of data on the forward link by alternatively using variable and fixed rate data transmission modes to transmit data. - ¶ [0003]
Combination of Yang and Esteves does not explicitly teach:
operating a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjusting a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate;
in response to the modulation rate reaching the low end of the range, determining to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; and
However, Han teaches:
operating a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjusting a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate; -See Fig. 2, ¶ [0038], (“the terminal may calculate a success rate for the current MCS…based on the rate at which the terminal receives a positive acknowledgement in response to a transmission…the success rate of the MCS may be equal to the number of positive acknowledgements received divided by the total acknowledgements received for transmissions transmitted using the MCS”)
in response to the modulation rate reaching the low end of the range, determining to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; -See Fig. 2, ¶ [0038], (“the terminal may calculate a success rate for the current MCS…based on the rate at which the terminal receives a positive acknowledgement in response to a transmission…the success rate of the MCS may be equal to the number of positive acknowledgements received divided by the total acknowledgements received for transmissions transmitted using the MCS”) and
Combination of Yang, Esteves, and Han does not explicitly teach:
operating the wireless radio in the fixed modulation mode, including by: refraining from computing the success ratio while in the fixed modulation mode;
However, Gilbert teaches:
operating the wireless radio in the fixed modulation mode, including by: refraining from computing the success ratio while in the fixed modulation mode; - See Table 1, [Column 17, lines 25 -39], (“Note that if data rate adaptation is disabled, then information is not provided to the rate control table (see Table 1). On the other hand, if rate adaptation is enabled, then primitive TxRateFind returns the optimum data rate for the channel.”); See [Column 9, lines 35-39], (“Table 1 can include a list of available data rates (only four shown for illustration), number of data packets sent (i.e. # Attempts), and number of feedback signals received (i.e. # Successes).”, Information (#successes #attempts) shown in Table 1 is not provided to the rate control table when rate adaption is disabled (eq. fixed modulation mode))
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang, Esteves, and Han with Gilbert to include refraining from computing the success ratio while in the fixed modulation mode, as taught by Gilbert. One of ordinary skill in the art would have been motivated to make this modification to improve reliability in UAV systems, as suggested by Gilbert, for maximum throughput, it is desirable to determine the highest, reliable data rate available. – See Col. 2, lines 52-53
Claim 2. Combination of Yang, Esteves, Han, and Gilbert teaches The method of claim 1, - refer to the indicated claim for reference(s).
Han further teaches:
wherein determining to transition the wireless radio from the dynamic modulation mode to the fixed modulation mode is based on a success ratio of the modulation rate -See Fig. 2, ¶ [0038], (“the terminal may calculate a success rate for the current MCS. The terminal may calculate the success rate based on the rate at which the terminal receives a positive acknowledgement in response to a transmission…the success rate of the MCS may be equal to the number of positive acknowledgements received divided by the total acknowledgements received for transmissions transmitted using the MCS.”) at the low end of the range - in ¶ [0043], (“the terminal may adjust the MCS to an MCS with a slower data rate. In some embodiments, the terminal may use an MCS with a lower MCS index. For example, the terminal may lower the MCS index by 1.”, this teaches transitioning to a modulation rate at the low end of the range) relative to success ratios of one or more previous modulation rates. - ¶ [0039], (“the terminal may consider a historical success rate of the MCS and/or an immediate success rate of the MCS in calculating the success rate…using the following equation. r=.lamda.r.sub.historical+(1-.lamda.)a”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang and Esteves with Han to include a success ratio, as taught by Han. One of ordinary skill in the art would have been motivated to make this modification to improve reliability in UAV systems, as suggested by Han, Adjusting MCSs at the terminals 108 may allow each of the terminals 108 to improve the utilization of channels without requiring large signaling overhead. - ¶ [0035]
Claim 3. Combination of Yang, Esteves, Han, and Gilbert teaches The method of claim 2, - refer to the indicated claim for reference(s).
Yang further teaches:
wherein the success ratio of the modulation rate at the low end of the range is based on an amount of received acknowledgments generated by a receiving computing device in response to the UAV employing the modulation rate at the low end of the range, and wherein the success ratios of the one or more previous modulation rates are also based on the amount of received acknowledgments generated by the receiving computing device in response to the UAV employing the one or more previous modulation rates. - See Fig. 1
Han further teaches:
wherein the success ratio of the modulation rate at the low end of the range is based on an amount of received acknowledgments generated by a receiving computing device in response to the UAV employing the modulation rate at the low end of the range, -See Fig. 2, ¶ [0038], (“the terminal may calculate a success rate for the current MCS. The terminal may calculate the success rate based on the rate at which the terminal receives a positive acknowledgement in response to a transmission. For example, the success rate of the MCS may be equal to the number of positive acknowledgements received divided by the total acknowledgements received for transmissions transmitted using the MCS.”) and
wherein the success ratios of the one or more previous modulation rates are also based on the amount of received acknowledgments generated by the receiving computing device in response to the UAV employing the one or more previous modulation rates. - in ¶ [0040], (“In some embodiments, a historical success rate may be stored for multiple MCSs the terminal may use to transmit transmissions. Alternately or additionally, the use of a historical success rate for each MCS may free the terminal from having to store a historical count of each positive and/or negative acknowledgement received for each MCS.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang and Esteves with Han to include a success ratio based on received acknowledgments, as taught by Han. One of ordinary skill in the art would have been motivated to make this modification to improve reliability in UAV systems, as suggested by Han, Adjusting MCSs at the terminals 108 may allow each of the terminals 108 to improve the utilization of channels without requiring large signaling overhead. - ¶ [0035]
Claim 4. Combination of Yang, Esteves, Han, and Gilbert teaches The method of claim 1 - refer to the indicated claim for reference(s).
Gilbert further teaches:
wherein refraining from computing the success ratio while in the fixed modulation mode comprises refraining from employing a rate adaptation algorithm (RAA). - See Table 1, [Column 17, lines 34-40], (“Note that if data rate adaptation is disabled, then information is not provided to the rate control table (see Table 1). On the other hand, if rate adaptation is enabled, then primitive TxRateFind returns the optimum data rate for the channel.”); See [Column 9, lines 35-39], (“Table 1 can include a list of available data rates…number of data packets sent (i.e. # Attempts), and number of feedback signals received (i.e. # Successes).”, Information (#successes #attempts) shown in Table 1 is not provided to the rate control table when rate adaption is disabled (eq. fixed modulation mode))
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang, Esteves, and Han with Gilbert to include refraining from computing the success ratio while in the fixed modulation mode, as taught by Gilbert. One of ordinary skill in the art would have been motivated to make this modification to improve reliability in UAV systems, as suggested by Gilbert, for maximum throughput, it is desirable to determine the highest, reliable data rate available. – See Col. 2, lines 52-53
Claim 5. Combination of Yang, Esteves, Han, and Gilbert teaches The method of claim 4 - refer to the indicated claim for reference(s).
Gilbert further teaches:
wherein dynamically adjusting the modulation rate of the signal based on the success ratio comprises employing the RAA to adjust the modulation rate. - See Table 1, [Column 17, lines 34-40], (“Note that if data rate adaptation is disabled, then information is not provided to the rate control table (see Table 1). On the other hand, if rate adaptation is enabled, then primitive TxRateFind returns the optimum data rate for the channel.”); See [Column 9, lines 35-39], (“Table 1 can include a list of available data rates…number of data packets sent (i.e. # Attempts), and number of feedback signals received (i.e. # Successes).”, Information (#successes #attempts) shown in Table 1 is provided to the rate control table when rate adaption is enabled (dynamic modulation mode))
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang, Esteves, and Han with Gilbert to include employing the RAA to adjust the modulation rate, as taught by Gilbert. One of ordinary skill in the art would have been motivated to make this modification to improve reliability in UAV systems, as suggested by Gilbert, for maximum throughput, it is desirable to determine the highest, reliable data rate available. – See Col. 2, lines 52-53
Claim 6. Combination of Yang, Esteves, Han, and Gilbert teaches The method of claim 1 - refer to the indicated claim for reference(s).
Yang teaches:
further comprising the UAV capturing images while in flight and encoding the images into the signal. - See Fig. 1, ¶ [0016], (“UAV 140 may include cellular communication capability…to allow UAV 140 to…transmit data and information (e.g., transmit telemetry information, images taken by a camera included in UAV 140”)
Claim 7. Combination of Yang, Esteves, Han, and Gilbert teaches The method of claim 1 - refer to the indicated claim for reference(s).
Yang teaches:
wherein the low end of the range of the possible modulation rates comprises a lowest possible modulation rate allowed by the UAV. – See Fig. 7A, 7B, ¶ [0054], (“base station 130-1 may determine if the current MCS used to encode the message is at a minimum value…may determine if the MCS index value is zero or some other minimum value.”); ¶ [0055], (“If, however, the MCS index value is at the minimum value (block 750—yes)…”)
Claim 8. Yang teaches: An unmanned aerial vehicle (UAV) comprising: - See Fig. 1
a flight control subsystem; - See Fig. 1, ¶ [0016], (“UAV 140 may include an aircraft (e.g., a single rotor aircraft, multirotor aircraft or fixed wing aircraft) that receives control signals from a controller, such as UE 110 to control the flight of UAV 140.”)
an electromechanical subsystem coupled with the flight control subsystem and configured to fly the UAV; - See Fig. 1, ¶ [0024], (“For example, for device 200 implemented in UAV 140, device 200 may include…sensors and control circuitry to control and/or monitor the flight of UAV 140.”) and
a communication subsystem over which the UAV communicates one or more other elements; wherein the communication subsystem is configured to: - See Fig. 1, ¶ [0016], (“UAV 140 may include cellular communication capability (e.g., 5G…4G LTE…6G…to allow UAV 140 to receive command and control messages…as well as transmit data and information (e.g., transmit telemetry information…UAV 140 may also include a short range wireless communication capability (e.g., WiFi)”)
operate a wireless radio of the UAV in a dynamic modulation mode, including by: - See Fig. 1, ¶ [0016], (“UAV 140 may include cellular communication capability (e.g., 5G…4G LTE…6G…to allow UAV 140 to receive command and control messages…as well as transmit data and information (e.g., transmit telemetry information…UAV 140 may also include a short range wireless communication capability (e.g., WiFi)”) dynamically adjust a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate; - See Fig. 7A, ¶ [0052], (“base station 130-1 may modify the MCS associated with transmissions to UAV 140…base station 130-1 is to reduce the MCS index value associated with the initial transmission by one or two or more…reduce the MCS for transmissions to UAV 140 from, for example, 19 to 14”)
monitor for when the modulation rate of the signal reaches a low end of the range; - in ¶ [0054 - 0055], (“base station 130-1 may determine if the current MCS…is at a minimum value (block 750)…may determine if the MCS index value is zero or some other minimum value…If the current MCS index value is not at the minimum (block 750—no), base station 130-1 may lower the MCS index value”)
in response to the modulation rate reaching the low end of the range, determine to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; - in ¶ [0054 - 0055], (“base station 130-1 may determine if the current MCS…is at a minimum value (block 750)…”) and
Yang does not explicitly teach:
operate a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjust a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate;
in response to the modulation rate reaching the low end of the range, determine to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; and
operate the wireless radio in the fixed modulation mode, including by: refrain from computing the success ratio while in the fixed modulation mode; hold the modulation rate of the signal at the low end of the range until a quality of the signal is greater than a threshold; and determine to transition the wireless radio back to the dynamic modulation mode when the quality of the signal is greater than the threshold.
However, Esteves teaches:
operate a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjust a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate; - in ¶ [0019], (“a base station is operating…in a variable rate transmission mode when the transmission rate…is permitted to vary between successive time slots…”)
in response to the modulation rate reaching the low end of the range, determine to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; - in ¶ [0025], (“the FixedRateC_I threshold represents the minimum value of the long term average signal to noise ratio…required to switch the system out of the variable rate mode and into the fixed rate mode.”) and
operate the wireless radio in the fixed modulation mode, including by: refrain from computing the success ratio while in the fixed modulation mode; - See Fig. 1, ¶ [0019], (“…fixed rate transmission mode when the transmission rate…is not permitted to vary (and is held fixed)”)
hold the modulation rate of the signal at the low end of the range - See Fig. 1, ¶ [0019], (“…fixed rate transmission mode when the transmission rate…is not permitted to vary (and is held fixed)”) until a quality of the signal is greater than a threshold; - See Fig. 1, ¶ [0012], (“The mobile station will switch from the fixed rate mode back to the variable rate mode either (i) when…a long term average signal to noise ratio that exceeds a threshold”); and determine to transition the wireless radio back to the dynamic modulation mode when the quality of the signal is greater than the threshold. - See Fig. 1, ¶ [0012], (“The mobile station will switch from the fixed rate mode back to the variable rate mode either (i) when the designated base station…has a long term average signal to noise ratio that exceeds a threshold”); ¶ [0026], (“Remaining in the variable rate mode when the FixedRateC_I value is not exceeded in step 150 represents a design choice that, in cases where a minimum data rate cannot be achieved by switching to the fixed rate mode, it is preferable to remain in the variable rate mode and operate with a weak (i.e., low data rate) forward link.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system disclosed by Yang to include the method disclosed by Esteves. One of ordinary skill in the art would have been motivated to make this modification to apply the dual modulation modes and techniques taught by Esteves to a UAV system and method taught by Yang in order to ensure reliability in UAV flight conditions, as suggested by Esteves, method for controlling the transmission rate of data on the forward link by alternatively using variable and fixed rate data transmission modes to transmit data. - ¶ [0003]
Combination of Yang and Esteves does not explicitly teach:
operate a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjust a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate;
in response to the modulation rate reaching the low end of the range, determine to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio;
However, Han teaches:
operate a wireless radio of the UAV in a dynamic modulation mode, including by: dynamically adjust a modulation rate of a signal within a range of possible modulation rates based on a success ratio associated with the modulation rate; -See Fig. 2, ¶ [0038], (“the terminal may calculate a success rate for the current MCS…based on the rate at which the terminal receives a positive acknowledgement in response to a transmission…the success rate of the MCS may be equal to the number of positive acknowledgements received divided by the total acknowledgements received for transmissions transmitted using the MCS.”)
in response to the modulation rate reaching the low end of the range, determine to transition the wireless radio from the dynamic modulation mode to a fixed modulation mode based on the success ratio; -See Fig. 2, ¶ [0038], (“the terminal may calculate a success rate for the current MCS…based on the rate at which the terminal receives a positive acknowledgement in response to a transmission…the success rate of the MCS may be equal to the number of positive acknowledgements received divided by the total acknowledgements received for transmissions transmitted using the MCS.”)
Combination of Yang, Esteves, and Han does not explicitly teach:
operate the wireless radio in the fixed modulation mode, including by: refrain from computing the success ratio while in the fixed modulation mode;
However, Gilbert teaches:
operate the wireless radio in the fixed modulation mode, including by: refrain from computing the success ratio while in the fixed modulation mode;- See Table 1, [Column 17, lines 34-40], (“Note that if data rate adaptation is disabled, then information is not provided to the rate control table (see Table 1). On the other hand, if rate adaptation is enabled, then primitive TxRateFind returns the optimum data rate for the channel.”); See [Column 9, lines 35-39], (“Table 1 can include a list of available data rates (only four shown for illustration), number of data packets sent (i.e. # Attempts), and number of feedback signals received (i.e. # Successes).”, Information (#successes #attempts) shown in Table 1 is not provided to the rate control table when rate adaption is disabled (eq. fixed modulation mode))
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang, Esteves, and Han with Gilbert to include refraining from computing the success ratio while in the fixed modulation mode, as taught by Gilbert. One of ordinary skill in the art would have been motivated to make this modification to improve reliability in UAV systems, as suggested by Gilbert, for maximum throughput, it is desirable to determine the highest, reliable data rate available. – See Col. 2, lines 52-53
Claims 9-15 are rejected under the same rationale as Claims 2-8 since they recite nearly identical limitations.
Claims 16-17 are rejected under the same rationale as Claims 4-5 since they recite nearly identical limitations.
Claim 18 is rejected under the same rationale as Claim 2 since they recite nearly identical limitations.
Claim 19 is rejected under the same rationale as Claim 10 since they recite nearly identical limitations.
Claim 20 is rejected under the same rationale as Claim 14 since they recite nearly identical limitations.
Conclusion
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.
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/SHIMA WASEL/Patent Examiner, Art Unit 2475
/KHALED M KASSIM/supervisory patent examiner, Art Unit 2475
