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
Rejections under 35 USC 102/103
Applicant’s Argument: Applicant argues that Peng shows a terminal selecting a base station from a height-specific list of candidate stations based on its own height but not selected by the base station based on the height information.
Examiner’s Response: Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant has amended the claim to specify selecting by the source base station based on the height information of the candidate stations and changed the scope of the invention. An updated search was performed and a new grounds of rejection is presented below.
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.
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.
Claim(s) 1-6, 15-19, 21-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (“Peng”) (WO 2021134496 A1) in view of Wang et al. (“Wang”) (WO 2019144909 A1).
Regarding claim 1, Peng teaches:
A method comprising: receiving, by a second base station from a first base station, a message comprising neighbor cell information for a neighbor cell of a first cell of the first base station [Figure 4 410, page 12-15, “The first network device [corresponding to a second base station] receives first information sent by the second network device [corresponding to a first base station], where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information.”], wherein the neighbor cell information indicates a height level at which the neighbor cell neighbors the first cell [Figure 4, 410 “where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information.” And see “each cell has corresponding height information”].
Peng teaches determining the neighbor base stations based on height but does not expressly teach selecting.
Wang teaches selecting, by the second base station and from a plurality of neighbor cells, the neighbor cell for a handover of a wireless device based on the height level indicated in the neighbor cell information [[page 8-10, “In this case, the plurality of candidate base stations are selected from a neighbor relationship table corresponding to the height and type of the flying user equipment in the plurality of neighbor relationship tables” and NRT determined based on height, “the serving base station 10 may divide the discovered neighboring base stations into groups according to a height or a range and type, each group A set of adjacent base stations corresponding to one type and one height or height range, […] For example, a dedicated NRT is maintained (established and/or updated) for terrestrial user equipment having a height range of H1-H2 (eg, 0-50 meters) […] This type of push thus maintains multiple NRTs.” And page 11, 202-203, “ the serving base station 10 selects the next serving base station of the flying user equipment from the candidate serving base stations based on the measurement result […]The base station then selects one base station from the candidate serving base stations” thus selection based on candidate base stations in NRT according to height information ].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the selection of the base station based on the height information. Peng teaches determining base stations based on height which may be a form of selection and it would have been obvious to specify selecting as in Wang who teaches this allows for serving devices at different heights which corresponds to different interference intensities see Background.
Regarding claim 2, Peng-Wang teaches:
The method of claim 1, wherein at the height level a service coverage of the first cell and a service coverage of the neighbor cell entirely or partially overlap [Peng Figure 1A, shows at different heights cells partially overlapping].
Regarding claim 3, Peng-Wang teaches:
The method of claim 1, further comprising determining, by the second base station based on the neighbor cell information, a neighbor cell list of the first cell, wherein the neighbor cell list comprises the height level at which the neighbor cell neighbors the first cell [Peng Figure 4 420, 430, page 12-15, “the first network device updates the neighboring cell relationship. Then, all or part of the neighboring cell relationship updated or maintained at the first network device may also include height information corresponding to the neighboring cell information.” And “In one possible way, each cell has corresponding height information, that is, when the network equipment exchanges neighboring cell information, the height information is added to each cell.”].
Regarding claim 4, Peng-Wang teaches:
The method of claim 1, further comprising sending, by the second base station to the first base station, second neighbor cell information for one or more second neighbor cells of a second cell of the second base station, wherein the second neighbor cell information indicates one or more height levels of the one or more second neighbor cells [Peng page 12-15, Figure 4 420. 430 “the first network device updates the neighboring cell relationship. Then, all or part of the neighboring cell relationship updated or maintained at the first network device may also include height information corresponding to the neighboring cell information. […] 430: the first network device sends second information to the second network device, the second information includes neighboring cell information of the first network device and height information corresponding to the neighboring cell information The method for implementing the height information carried by the second information is similar to that in the foregoing operation 410”].
Regarding claim 5, Peng-Wang teaches:
The method of claim 1, wherein the neighbor cell is a first neighbor cell or a second neighbor cell [Peng page 12-15, Figure 4, 410 “The first network device receives first information sent by the second network device, where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information” neighboring cell is a first neighbor cell] and the neighbor cell information indicates: that the first neighbor cell neighbors the first cell at a first height level [Peng step 410 includes height information of neighboring first cell]; and that the second neighbor cell neighbors the first cell at a second height level [Examiner notes that limitations pertaining to the second neighbor cell do not have patentable weight as the neighbor cell may be a first neighbor cell OR a second neighbor cell, however page 12-15 indicates multiple neighbor cells].
Regarding claim 6, Peng-Wang teaches:
The method of claim 5, wherein one or more of the first height level and the second height level respectively comprise at least one of: a height relative to sea level; an altitude relative to sea level; an elevation relative to sea level; a height relative to ground level; an altitude relative to ground level; an elevation relative to ground level; a floor level; and a basement level [Peng page 1-3 “Optionally, the height information may be a height range, or the height information may also be a height level, or the height information may also be an absolute height or a relative height.” And “the height relative to the ground or sea level may be called an absolute height,”].
Regarding claim 15, Peng teaches:
A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a second base station, cause the second base station [Figure 1A, 4 shows base station known to comprise these elements] to: receive a message comprising neighbor cell information for a neighbor cell of a first cell of the first base station [Figure 4 410, page 12-15, “The first network device [corresponding to a second base station] receives first information sent by the second network device [corresponding to a first base station], where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information.”], wherein the neighbor cell information indicates a height level at which the neighbor cell neighbors the first cell [Figure 4, 410 “where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information.”].
Peng teaches determining the neighbor base stations based on height but does not expressly teach selecting.
Wang teaches and select, from a plurality of neighbor cells, the neighbor cell for a handover of a wireless device based on the height level indicated in the neighbor cell information [[page 8-10, “In this case, the plurality of candidate base stations are selected from a neighbor relationship table corresponding to the height and type of the flying user equipment in the plurality of neighbor relationship tables” and NRT determined based on height, “the serving base station 10 may divide the discovered neighboring base stations into groups according to a height or a range and type, each group A set of adjacent base stations corresponding to one type and one height or height range, […] For example, a dedicated NRT is maintained (established and/or updated) for terrestrial user equipment having a height range of H1-H2 (eg, 0-50 meters) […] This type of push thus maintains multiple NRTs.” And page 11, 202-203, “ the serving base station 10 selects the next serving base station of the flying user equipment from the candidate serving base stations based on the measurement result […]The base station then selects one base station from the candidate serving base stations” thus based on candidate base stations in NRT according to height information ].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the selection of the base station based on the height information. Peng teaches determining base stations based on height which may be a form of selection and it would have been obvious to specify selecting as in Wang who teaches this allows for serving devices at different heights which corresponds to different interference intensities see Background.
Regarding claim 16, Peng-Wang teaches:
The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the base station to determine, based on the neighbor cell information, a neighbor cell list of the first cell, wherein the neighbor cell list comprises the height level at which the neighbor cell neighbors the first cell [Peng Figure 4 420, 430, page 12-15, “the first network device updates the neighboring cell relationship. Then, all or part of the neighboring cell relationship updated or maintained at the first network device may also include height information corresponding to the neighboring cell information.”].
Regarding claim 17, Peng-Wang teaches:
The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the base station to send to the first base station, second neighbor cell information for one or more second neighbor cells of a second cell of the second base station, wherein the second neighbor cell information indicates one or more height levels of the one or more second neighbor cells [Peng page 12-15, Figure 4 420. 430 “the first network device updates the neighboring cell relationship. Then, all or part of the neighboring cell relationship updated or maintained at the first network device may also include height information corresponding to the neighboring cell information. […] 430: the first network device sends second information to the second network device, the second information includes neighboring cell information of the first network device and height information corresponding to the neighboring cell information The method for implementing the height information carried by the second information is similar to that in the foregoing operation 410”].
Regarding claim 18, Peng-Wang teaches:
The non-transitory computer-readable medium of claim 15, wherein the neighbor cell is a first neighbor cell or a second neighbor cell [Peng page 12-15, Figure 4, 410 “The first network device receives first information sent by the second network device, where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information” neighboring cell is a first neighbor cell] and the neighbor cell information indicates: that the first neighbor cell neighbors the first cell at a first height level [step 410 includes height information of neighboring first cell]; and that the second neighbor cell neighbors the first cell at a second height level [Examiner notes that limitations pertaining to the second neighbor cell do not have patentable weight as the neighbor cell may be a first neighbor cell OR a second neighbor cell, however page 12-15 indicates multiple neighbor cells].
Regarding claim 19, Peng-Wang teaches:
The non-transitory computer-readable medium of claim 18, wherein one or more of the first height level and the second height level respectively comprise at least one of: a height relative to sea level; an altitude relative to sea level; an elevation relative to sea level; a height relative to ground level; an altitude relative to ground level; an elevation relative to ground level; a floor level; and a basement level [Peng page 1-3 “Optionally, the height information may be a height range, or the height information may also be a height level, or the height information may also be an absolute height or a relative height.” And “the height relative to the ground or sea level may be called an absolute height,”].
Regarding claim 21, Peng teaches:
A second base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the second base station to: receive, from a first base station, a message comprising neighbor cell information for a neighbor cell of a first cell of the first base station [Figure 4 410, page 12-15, “The first network device [corresponding to a second base station] receives first information sent by the second network device [corresponding to a first base station], where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information.”], wherein the neighbor cell information indicates a height level at which the neighbor cell neighbors the first cell [Figure 4, 410 “where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information.” And see “each cell has corresponding height information”].
Peng teaches determining the neighbor base stations based on height but does not expressly teach selecting.
Wang teaches select, from a plurality of neighbor cells, the neighbor cell for a handover of a wireless device based on the height level indicated in the neighbor cell information [[page 8-10, “In this case, the plurality of candidate base stations are selected from a neighbor relationship table corresponding to the height and type of the flying user equipment in the plurality of neighbor relationship tables” and NRT determined based on height, “the serving base station 10 may divide the discovered neighboring base stations into groups according to a height or a range and type, each group A set of adjacent base stations corresponding to one type and one height or height range, […] For example, a dedicated NRT is maintained (established and/or updated) for terrestrial user equipment having a height range of H1-H2 (eg, 0-50 meters) […] This type of push thus maintains multiple NRTs.” And page 11, 202-203, “ the serving base station 10 selects the next serving base station of the flying user equipment from the candidate serving base stations based on the measurement result […]The base station then selects one base station from the candidate serving base stations” thus based on candidate base stations in NRT according to height information ].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the selection of the base station based on the height information. Peng teaches determining base stations based on height which may be a form of selection and it would have been obvious to specify selecting as in Wang who teaches this allows for serving devices at different heights which corresponds to different interference intensities see Background.
Regarding claim 22, Peng-Wang teaches:
The second base station of claim 21, wherein at the height level a service coverage of the first cell and a service coverage of the neighbor cell entirely or partially overlap [Peng Figure 1A, shows at different heights cells partially overlapping].
Regarding claim 23, Peng-Wang teaches:
The second base station of claim 21, wherein the instructions further cause the second base station to determine, based on the neighbor cell information, a neighbor cell list of the first cell, wherein the neighbor cell list comprises the height level at which the neighbor cell neighbors the first cell [Peng Figure 4 420, 430, page 12-15, “the first network device updates the neighboring cell relationship. Then, all or part of the neighboring cell relationship updated or maintained at the first network device may also include height information corresponding to the neighboring cell information.” And “In one possible way, each cell has corresponding height information, that is, when the network equipment exchanges neighboring cell information, the height information is added to each cell.”].
Regarding claim 24, Peng-Wang teaches:
The second base station of claim 21, wherein the instructions further cause the second base station to send, to the first base station, second neighbor cell information for one or more second neighbor cells of a second cell of the second base station, wherein the second neighbor cell information indicates one or more height levels of the one or more second neighbor cells. [Peng page 12-15, Figure 4 420. 430 “the first network device updates the neighboring cell relationship. Then, all or part of the neighboring cell relationship updated or maintained at the first network device may also include height information corresponding to the neighboring cell information. […] 430: the first network device sends second information to the second network device, the second information includes neighboring cell information of the first network device and height information corresponding to the neighboring cell information The method for implementing the height information carried by the second information is similar to that in the foregoing operation 410”].
Regarding claim 25, Peng-Wang teaches:
The second base station of claim 21, wherein the neighbor cell is a first neighbor cell or a second neighbor cell [Peng page 12-15, Figure 4, 410 “The first network device receives first information sent by the second network device, where the first information includes neighboring cell information of the second network device and height information corresponding to the neighboring cell information” neighboring cell is a first neighbor cell] and the neighbor cell information indicates: that the first neighbor cell neighbors the first cell at a first height level [Peng step 410 includes height information of neighboring first cell]; and that the second neighbor cell neighbors the first cell at a second height level [Examiner notes that limitations pertaining to the second neighbor cell do not have patentable weight as the neighbor cell may be a first neighbor cell OR a second neighbor cell, however page 12-15 indicates multiple neighbor cells].
Regarding claim 26, Peng-Wang teaches:
The second base station of claim 25, wherein one or more of the first height level and the second height level respectively comprise at least one of: a height relative to sea level; an altitude relative to sea level; an elevation relative to sea level; a height relative to ground level; an altitude relative to ground level; an elevation relative to ground level; a floor level; and a basement level [Peng page 1-3 “Optionally, the height information may be a height range, or the height information may also be a height level, or the height information may also be an absolute height or a relative height.” And “the height relative to the ground or sea level may be called an absolute height,”].
Claim(s) 7, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (“Peng”) (WO 2021134496 A1) in view of Wang et al. (“Wang”) (WO 2019144909 A1) and Kobayashi et al. (“Kobayashi”) (WO 2018211627 A1).
Regarding claim 20, Peng-Wang teaches:
The non-transitory computer-readable medium of claim 15.
Peng teaches height information but not handover request.
Kobayashi teaches wherein the instructions further cause the second base station to send a handover request message indicating the handover of the wireless device to the neighbor cell, wherein sending the handover request message of the wireless device is based on height information of the wireless device. [“Next, the source base station 200-1 generates a HANDOVER REQUEST message including terminal height information indicating the terminal height estimated by the terminal height estimation unit 216, and transmits the HANDOVER REQUEST message to the target base station 200-2 (S42). ).” See Figure 22]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the handover request based on height information. Peng teaches height information and it would have been obvious to send a handover request based on height of the terminal as in Kobayashi who teaches “Then, the target base station 200-2 uses the height information transmitted from the source base station 200-1 to determine the search direction of the terminal 100 that moves upward, and detects the terminal 100 in that direction. Direct the receive and transmit beams in that direction. As a result, the terminal 100 and the target base station 200-2 can transmit and receive messages related to the handover procedure” page 20-21.
Regarding claim 7, see similar rejection for claim 20 which teaches the physical structure performing the corresponding step.
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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/JAY L VOGEL/Primary Examiner, Art Unit 2478