DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. 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 Amendment
Prior Art
II. Upon further review of the claims the following references are considered prior art and teach the limitations claimed:
1. US 2024/0251279 A1 to Lee et al. (Appl. No.: 18/507,476) is prior art under 35 U.S.C. 102 (a)(2) since it published as US 2024/0251279 A1, names another inventor Keonyoung Lee and was effectively filed Feb. 16, 2023 before the May 15, 2023 effective filing date of the claimed invention. Lee’s effective filing date is based on its priority to KR 10-2023-0020948. See office action appendix for machine translation.
2. US 2022/0394657 A1 to Vassilovski et al. filed June 3, 2021 before the May 15, 2023 effective filing date of the claimed invention.
3. US 12,445,928 B2 to Speidel et al. filed April 20, 2023 before the May 15, 2023 effective filing date of the claimed invention.
4. US 2010/0265848 A1 to Kummetz et al. filed April 21, 2009 before the May 15, 2023 effective filing date of the claimed invention.
5. US 2023/0239719 A1 to Cui et al. filed May 4, 2021 before the May 15, 2023 effective filing date of the claimed invention.
6. US 2018/0227904 A1 to Raghunathan et al. filed January 29, 2018 before the May 15, 2023 effective filing date of the claimed invention.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
III. Claims 10, 13-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2024/0251279 A1) in view of Vassilovski et al. (US 2022/0394657 A1) and Speidel et al. (US 12,445,928 A1).
Regarding claim 10 Lee teaches a method for reducing user equipment (UE) capability messaging received by an extraterrestrial base station (see paragraphs [0121] & [0123], Upon receiving the UE capability request message from the network, the UE may transmit UE capability information to the network. The UE may transmit the UE capability without including unnecessary information for the network. This reads on a method for reducing user equipment (UE) capability messaging received by an extraterrestrial base station) comprising: transmitting one or more reference signals from the extraterrestrial base station (see paragraph [0098], The UE may receive system information transmitted or broadcast by a node (e.g. the satellite) included in the network (e.g. the non-terrestrial network). The satellite may function as a base station supporting cellular communication (see paragraph [0085]). This reads on transmitting one or more reference signals from the extraterrestrial base station); transmitting a capability enquiry message to the UE instructing the UE to send capability information (see paragraph [0120], The network may transmit a UE capability request message to the electronic device when UE capability information is required. This reads on transmitting a capability enquiry message to the UE instructing the UE to send capability information); and receiving a reduced UE capability information message without carrier aggregation information from the UE (see paragraphs [0121] & [0123], The UE may transmit UE capability information to the network. The network may not support carrier aggregation. If the network does not support carrier aggregation the amount of frequency bands capable of being supported by the electronic device may be unnecessary information for the network. Accordingly, the UE may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device. This reads on receiving a reduced UE capability information message without carrier aggregation information from the UE), wherein the UE capability information message comprises information related to a single RF band supported by the extraterrestrial base station (see paragraph [0129], A non-terrestrial network may support a specific frequency band. Information indicating whether the electronic device supports a specific frequency band may be necessary information for the network. The UE may transmit capability information that includes information indicating whether the electronic device supports the specific frequency band to the network. This reads on wherein the UE capability information message comprises information related to a single RF band supported by the extraterrestrial base station).
Lee does not specifically teach the capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information without including carrier aggregation information.
Vassilovski teaches transmitting a capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information (see paragraph [0125], The network can query a UE for sideling capability status. An information element (IE) requesting the UE’s sidelink status can be added to a UE capability enquiry message. This reads on transmitting a capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information).
It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the UE transmitting reduced UE capability information message without carrier aggregation information in Lee adapt to include the capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information without including carrier aggregation information because the instructions to send capability information without including carrier aggregation information can be included in the UE Capability Enquiry in the same way as the request in Vassilovski is added to the UE capability Enquiry above. The combination would allow for an efficient mechanism to facilitate the UE transmitting reduced UE capability information message without carrier aggregation information in Lee.
Lee and Vassilovski do not teach in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station and as a result of the UE failing to connect to a terrestrial base station, receiving an attachment request from the UE.
Speidel teaches in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station (see col. 22, lines 45-50. A non-terrestrial base station might advertise availability to terminals in a geographic region within which terrestrial network service incapacity was detected. This reads on in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station) and as a result of the UE failing to connect to a terrestrial base station (see col. 22, lines 38-50, A non-terrestrial base station might advertise availability to terminals in a geographic region within which terrestrial network service incapacity was detected. Detection of an incapacity on the part of a base station of a terrestrial cell tower by analyzing activity or lack of activity of terrestrial cellular networks as an indicator for the failure of the terrestrial networks. Incapacity may be incapacity of the terrestrial network to send and receive signals (See col. 11, lines 1-5). This reads on in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station and as a result of the UE failing to connect to a terrestrial base station, receiving an attachment request from the UE (see col. 11, lines 31-37 & 44-48, After detection of incapacity of the terrestrial network a backup non-terrestrial base station might step in to take the place of an incapacitated terrestrial base station. The non-terrestrial base station might connect with mobile terminals after incapacity of the terrestrial network detected (see col. 11, lines 2-5). This indicates an attachment to the non-terrestrial network and reads on receiving an attachment request from 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 make the UE detecting at least one reference signal from the extraterrestrial base station in the Lee and Vassilovski combination adapt to include in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station and as a result of the UE failing to connect to a terrestrial base station, receiving an attachment request from the UE because this would allow for an efficient and well-known mechanism for the UE to connect to a second communication network such as a non-terrestrial network.
Regarding claim 13 Speidel teaches transmitting a message to the UE indicating it is approved to attach to the extraterrestrial base station and confirming that the UE has attached to the extraterrestrial base station (see claim 1, A second non-terrestrial base station within communications range is identified to provide backup service. The mobile terminal uses the second non-terrestrial base station to carry traffic between the at least one mobile terminal and the communications network. This indicates successful attachment to the extraterrestrial base station and confirmation because such signaling is well-known during the attachment procedure. This reads on transmitting a message to the UE indicating it is approved to attach to the extraterrestrial base station and confirming that the UE has attached to the extraterrestrial base station).
Regarding claim 14 Speidel teaches wherein the extraterrestrial base station communicates with the UE using eNodeB (see col. 18, lines 65-67 and col. 19, lines 1-6, an eNB stack of a non-terrestrial base station is used and this reads on wherein the extraterrestrial base station communicates with the UE using eNodeB).
Regarding claim 15 Lee teaches a system for reducing user equipment (UE) capability messaging received by an extraterrestrial base station (see paragraphs [0121] & [0123], Upon receiving the UE capability request message from the network, the UE may transmit UE capability information to the network. The UE may transmit the UE capability without including unnecessary information for the network. This reads on system for reducing user equipment (UE) capability messaging received by an extraterrestrial base station) comprising: the extraterrestrial base station configured to broadcast signals on a single RF band for a single carrier (see paragraphs [0098] & [0129], The UE may receive system information transmitted or broadcast by a satellite node included in the non-terrestrial network. The non-terrestrial network may support a specific frequency band. This reads on the extraterrestrial base station configured to broadcast signals on a single RF band for a single carrier) and including one or more computer processing components configured to perform operations (see paragraph [0231]) comprising: transmitting one or more reference signals from the extraterrestrial base station (see paragraph [0098], The UE may receive system information transmitted or broadcast by a node (e.g. the satellite) included in the network (e.g. the non-terrestrial network). The satellite may function as a base station supporting cellular communication (see paragraph [0085]). This reads on transmitting one or more reference signals from the extraterrestrial base station); transmitting a capability enquiry message to the UE instructing the UE to send capability information (see paragraph [0120], The network may transmit a UE capability request message to the electronic device when UE capability information is required. This reads on transmitting a capability enquiry message to the UE instructing the UE to send capability information); and receiving a reduced UE capability information message without carrier aggregation information from the UE (see paragraphs [0121] & [0123], The UE may transmit UE capability information to the network. The network may not support carrier aggregation. If the network does not support carrier aggregation the amount of frequency bands capable of being supported by the electronic device may be unnecessary information for the network. Accordingly, the UE may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device. This reads on receiving a reduced UE capability information message without carrier aggregation information from the UE), wherein the UE capability information message comprises information related to a single RF band supported by the extraterrestrial base station (see paragraph [0129], A non-terrestrial network may support a specific frequency band. Information indicating whether the electronic device supports a specific frequency band may be necessary information for the network. The UE may transmit capability information that includes information indicating whether the electronic device supports the specific frequency band to the network. This reads on wherein the UE capability information message comprises information related to a single RF band supported by the extraterrestrial base station).
Lee does not specifically teach the capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information without including carrier aggregation information.
Vassilovski teaches transmitting a capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information (see paragraph [0125], The network can query a UE for sideling capability status. An information element (IE) requesting the UE’s sidelink status can be added to a UE capability enquiry message. This reads on transmitting a capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information).
It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the UE transmitting reduced UE capability information message without carrier aggregation information in Lee adapt to include the capability enquiry message comprising signaling instructional elements that instruct the UE to send capability information without including carrier aggregation information because the instructions to send capability information without including carrier aggregation information can be included in the UE Capability Enquiry in the same way as the request in Vassilovski is added to the UE capability Enquiry above. The combination would allow for an efficient mechanism to facilitate the UE transmitting reduced UE capability information message without carrier aggregation information in Lee.
Lee and Vassilovski do not teach in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station and as a result of the UE failing to connect to a terrestrial base station, receiving an attachment request from the UE.
Speidel teaches in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station (see col. 22, lines 45-50. A non-terrestrial base station might advertise availability to terminals in a geographic region within which terrestrial network service incapacity was detected. This reads on in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station) and as a result of the UE failing to connect to a terrestrial base station (see col. 22, lines 38-50, A non-terrestrial base station might advertise availability to terminals in a geographic region within which terrestrial network service incapacity was detected. Detection of an incapacity on the part of a base station of a terrestrial cell tower by analyzing activity or lack of activity of terrestrial cellular networks as an indicator for the failure of the terrestrial networks. Incapacity may be incapacity of the terrestrial network to send and receive signals (See col. 11, lines 1-5). This reads on in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station and as a result of the UE failing to connect to a terrestrial base station, receiving an attachment request from the UE (see col. 11, lines 31-37 & 44-48, After detection of incapacity of the terrestrial network a backup non-terrestrial base station might step in to take the place of an incapacitated terrestrial base station. The non-terrestrial base station might connect with mobile terminals after incapacity of the terrestrial network detected (see col. 11, lines 2-5). This indicates an attachment to the non-terrestrial network and reads on receiving an attachment request from 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 make the UE detecting at least one reference signal from the extraterrestrial base station in the Lee and Vassilovski combination adapt to include in response to the UE detecting at least one reference signal of the one or more reference signals from the extraterrestrial base station and as a result of the UE failing to connect to a terrestrial base station, receiving an attachment request from the UE because this would allow for an efficient and well-known mechanism for the UE to connect to a second communication network such as a non-terrestrial network.
Regarding claim 16 Lee teaches wherein the UE is configured to support multiple RF bands and carrier aggregation combinations (see paragraph [0120], The UE capability information may include information indicating a combination of frequency bands capable of being supported. The combination of frequency bands capable of being supported may refer to a combination of frequency bands in which the electronic device is able to perform simultaneous transmission or reception of data. Communication schemes that support transmission or reception of data through a plurality of frequency bands include carrier aggregation (see paragraph [0123]). This reads on wherein the UE is configured to support multiple RF bands and carrier aggregation combinations).
Regarding claim 17 Lee teaches wherein the extraterrestrial base station communicates with the UE using LTE (see paragraphs [0079] – [0085] and Fig. 5, The electronic device may transmit and/or receive data through a terrestrial network and/or a non-terrestrial network. The second cellular communication network may be a communication scheme using LTE. The satellite may function as a base station supporting first cellular communication or the second cellular communication. This reads on wherein the extraterrestrial base station communicates with the UE using LTE).
Regarding claim 19 Lee teaches wherein the extraterrestrial base station does not support carrier aggregation (see paragraph [0123], In a case where the network is a non-terrestrial network, the network may not support communications schemes such as carrier aggregation. This reads on wherein the extraterrestrial base station does not support carrier aggregation).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2024/0251279 A1) in view of Vassilovski et al. (US 2022/0394657 A1); Speidel et al. (US 12,445,928 A1); and Kummetz et al. (US 2010/0265848 A1).
Regarding claim 11 Lee, Vassilovski, and Speidel teach the method of claim 10 including sending the attachment request to the extraterrestrial base station (see Deepak, paragraphs [0108]; [0112]; & [0115], The satellite sends INE broadcast to the spot that includes a user terminal (UT). The UT receives the INE broadcast. The UT sends an INE request to the satellite using the RACH data provided in the INE broadcast. This reads on receiving an attachment request from the UE) and except for prior to sending the request the UE attempts to locate a terrestrial base station for attachment.
Kummetz teaches the UE that attempts to locate a terrestrial base station for attachment (see paragraph [0042], A mobile device can look up a location of the base station and this reads on the UE that attempts to locate a terrestrial base station for attachment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Speidel, Deepak, and Singh combination adapt to include prior to sending the attachment request to the extraterrestrial base station the UE attempts to locate a terrestrial base station for attachment because it would allow for efficient use of resources during communication link failure.
Regarding claim 12 Kummetz teaches wherein the UE utilizes mobile network code (MNC) that provides a ranking of base stations for attachment (see paragraph [0042], The base station can be located using a mobile network code (MNC) found in list. This reads on wherein the UE utilizes mobile network code (MNC) that provides a ranking of base stations for attachment).
IV. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2024/0251279 A1) in view of Vassilovski et al. (US 2022/0394657 A1); Speidel et al. (US 12,445,928 A1); and Raghunathan et al. (US 2018/0227904 A1).
Regarding claim 18 Lee, Vassilovski, and Speidel teach the system of claim 15 except for wherein the extraterrestrial base station authenticates the UE prior to transmitting the capability enquiry message.
Raghunathan teaches the base station authenticates the UE prior to transmitting the capability enquiry message (see paragraph [0083], The UE may submit an attach request and an RRC connection request to the BS. After RRC connection setup, the UE may be authenticated by the network. After authentication the BS may transmit a first UE capability enquiry to the UE. This reads on the base station authenticates the UE prior to transmitting the capability enquiry message).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Lee, Vassilovski, and Speidel combination adapt to include for wherein the extraterrestrial base station authenticates the UE prior to transmitting the capability enquiry message because it would make transmission of the UE capability information more efficient by reducing messaging size and network load (see Raghunathan, paragraph [0081]).
V. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2024/0251279 A1) in view of Vassilovski et al. (US 2022/0394657 A1); Speidel et al. (US 12,445,928 A1); and Cui et al. (US 2023/0239719 A1).
Regarding claim 20 Lee, Vassilovski, and Speidel teach the system of claim 15 except for wherein the UE attaches to the extraterrestrial base setation after the extraterrestrial base receives the UE capability information message.
Cui teaches wherein the UE attaches to the extraterrestrial base station after the extraterrestrial base receives the UE capability information message (see paragraphs [0080] – [0082]; claim 9; and Fig. 13, An indication of a capability of the UE to support a connection to a non-terrestrial network (NTN) serving cell is transmitted. Receiving a command to activate a serving cell, wherein the command to activate is consistent with the indicated capability. This reads on for wherein the UE attaches to the extraterrestrial abas setation after the extraterrestrial base receives the UE capability information message).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Lee, Vassilovski, and Speidel combination adapt to include for wherein the UE attaches to the extraterrestrial abas setation after the extraterrestrial base receives the UE capability information message because it would allow for an efficient mechanism to ensure support for extraterrestrial networks while preserving resources.
Response to Arguments
VI. Applicant’s arguments with respect to claims 10-20 have been considered but are moot in view of the new grounds of rejection.
Conclusion
VII. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liang Pub. No.: US 2024/0064505 A1 discloses user equipment (UE) capability information for Non-Terrestrial networking (see pertinent paragraphs [0113] – [0114] and Fig. 17).
Palm et al. Patent No.: US 9,699,690 B2 discloses node and method for carrier aggregation combability reporting of a wireless device including obtaining carrier aggregation compatibility report (see abstract).
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647