Prosecution Insights
Last updated: April 19, 2026
Application No. 18/304,920

METHOD FOR BEAM SEARCH AND MANAGEMENT OF MOVING BACKHAUL SYSTEM, AND MOVING BACKHAUL HUB USING THE SAME

Final Rejection §103
Filed
Apr 21, 2023
Examiner
JOHNSON, AMY COHEN
Art Unit
2400
Tech Center
2400 — Computer Networks
Assignee
ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE
OA Round
2 (Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
2y 7m
To Grant
80%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
284 granted / 499 resolved
-1.1% vs TC avg
Strong +23% interview lift
Without
With
+22.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
342 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 499 resolved cases

Office Action

§103
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 with respect to the claim(s) 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 amended the independent claims to recite “..wherein the operation mode is determined as a moving mode or a hovering mode..”. This limitation uses alternative language, an “OR”, hence only moving or hovering need be found to properly reject the claim. Applicant’s comments (Page 10) states the following: PNG media_image1.png 184 808 media_image1.png Greyscale The examiner notes that the claim amendment does NOT use the word “AND”, hence this argument is MOOT, i.e. the examiner does not need to provide art that teaches both moving and hovering/stationary modes (only one mode needs to be rejected). The claims don’t explicitly put forth a “drone-like” base station. Primary reference KIM (‘575) teaches a moving base station (on a train) rather than a drone-like base station in the air. Thusly, there is confusion as to exactly WHAT the base station can/should be. The concept of moving or hovering (i.e. stationary) can be broadly interpreted in KIM (‘575) as the RELAY BASE STATION’s (T-RU’s) shown in FIG. 1 (see FRONT and BACK of train where the T-RU#1 and T-RU#2 are located). If the examiner interprets these as the base station, then KIM teaches understanding the distance they have moved (which would be the “moving mode”) and one skilled understands that the train will pull into a station and thusly be in hovering (stationary) mode. KIM teaches a moving base station: [0035] As illustrated in FIG. 1, a communication system according to the present invention may include a mobile terminal 20 and a base station 30. [0036] The mobile terminal 20, which is a wireless relay device that moves at high speed, is installed in a high speed moving body 10 such as a high speed train, a train, and a subway to serve to communicate with the base station 30 and to provide mobile wireless backhaul data from the base station 30 to terminals of the user in the high speed moving body 10. [0037] The base station 30 may transmit and receive a signal to and from the mobile terminal 20 via the mobile wireless backhaul network, and provide data requested by the mobile terminal 20 to the mobile terminal 20 via the mobile wireless backhaul network. [0038] A plurality of base stations 30 may be provided and the plurality of base stations 30 may be each disposed around a rail road of the high speed moving body 10 in a predetermined distance unit. Here, the high speed moving body 10 moves only in one direction defined along the rail road. Therefore, in one high speed moving body 10, a first mobile terminal T-RU#1 for transmitting and receiving the signal to and from a first base station D-RU#m located in an opposite direction of a direction of movement of the high speed moving body 10 may be installed in the rear of the high speed moving body 10, and a second mobile terminal T-RU#2 for transmitting and receiving the signal to and from a second base station D-RU#m+1 located in the direction of movement of the high speed moving body 10 may be installed in the front of the high speed moving body 10. [0039] Therefore, when the high speed moving body 10 passes through a section between the first base station and the second base station, the first mobile terminal may transmit and receive the signal to and from the first base station, and the second mobile terminal may transmit and receive the signal to and from the second base station. Kim also teaches the understanding of the train/base station moving in distance, thusly, this is “moving mode”. [0040] In FIG. 1, a distance between the first mobile terminal and the second mobile terminal may be defined as d.sub.TRU, heights of the first mobile terminal and the second mobile terminal may be defined as h.sub.TRU, a horizontal distance between the mobile terminal and the base station may be defined as d.sub.DRU.sub._.sub.track, a distance between the respective base stations may be defined as d.sub.DRU, and a movement direction of the mobile terminal may be defined as an x axis. Para #43 below teaches understanding the distance, speed and direction the train is moving and then controlling beam-forming to optimize communications based on these parameters (so moving/hovering is taken into account). Again, when distance/speed are ZERO, then the train is hovering/stationary: [0043] The apparatus for beam-forming communication in a mobile wireless backhaul network according to the present invention is included in the base station 30 and/or the mobile terminal 20 to control beam-forming characteristics according to a distance, a speed, and a direction of movement of the high speed moving body 10 and to adjust coverage of a beam. Thereby, the apparatus for beam-forming communication in a mobile wireless backhaul network improves signal transmission and reception characteristics between the base station 30 and the mobile terminal 20 in response to the speed of the high speed moving body 10. The examiner seeks a further amending of the claims to focus on applicant’s inventive concept. See additional prior art in PTO-892. Note that claim 5 is objected to as containing allowable subject matter. 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. Claim(s) 1-4, 6-11 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2017/0339575 and further in view of Jones US 2019/0124617 and Song US 6,327,471. As per claim 1, Kim et al. US 2017/0339575 teaches a beam management method performed by a moving backhaul hub in a moving backhaul system, the beam management method comprising: calculating, based on location information at a first time (Para #9 teaches a position searching unit that determines positions of moving backhaul terminal (on train, Fig. 1, #10) and moving backhaul hub (BTS on ground Fig. 1, #30): [From Para #9]: a position searching unit detecting a distance, a speed, and a direction of movement between the base station and the mobile terminal;), a first separation distance between the moving backhaul hub and a moving backhaul terminal (Para #9 above teaches determining distance between the devices), and a first elevation angle in which the beam of the moving backhaul hub is directed (Para #72 teaches Angle Of Departure (AoD) and Angle of Arrival (AoA), which can inherently be used to determine an elevation between the two devices based on the angles); determining an operation mode of the moving backhaul terminal using the first separation distance, first azimuth angle and/or the first elevation angle, wherein the operation mode is determined as a moving mode or a hovering mode; (Fig. 12 teaches setting the beam(s) (i.e. operation mode) based on at least distance and speed) – “operation mode” is broadly/reasonably interpreted as at least how the antennas are grouped, see Para #12 below (see Fig. 4 showing at least 3 different groups/operational modes. See Para #43 below teaching understanding the train is moving (along with speed and direction) and adapting the beam-forming to optimize communications. NOTE that “hovering” can be interpreted as the speed being ZERO (the train is in the station)); [0012] The beam setting unit may select a small number of antenna elements as the distance between the base station and the mobile terminal is decreased to set a wide beam width of the beam search group, and select a large number of antenna elements as the distance between the base station and the mobile terminal is increased to set a narrow beam width of the beam search group. [0011] The beam setting unit may set a beam width of the beam search group by adjusting the number of antenna elements of the phased-array antenna structure according to the distance between the base station and the mobile terminal, and set a beam direction of the beam search group by adjusting a phase of each of the antenna elements. [0014] The beam setting unit may set a beam coverage of the beam search group by adjusting the number of horn antennas according to the distance between the base station and the mobile terminal, and set a beam direction by adjusting a position of the horn antenna in the beam search group. [0015] The beam setting unit may select the beam search groups in the same direction as and an opposite direction of the direction of movement of the mobile terminal among the beam search groups, and may further select the beam search group in the same direction as the direction of movement of the mobile terminal. [0043] The apparatus for beam-forming communication in a mobile wireless backhaul network according to the present invention is included in the base station 30 and/or the mobile terminal 20 to control beam-forming characteristics according to a distance, a speed, and a direction of movement of the high speed moving body 10 and to adjust coverage of a beam. Thereby, the apparatus for beam-forming communication in a mobile wireless backhaul network improves signal transmission and reception characteristics between the base station 30 and the mobile terminal 20 in response to the speed of the high speed moving body 10. transmit a beam search command message to the moving backhaul terminal (Para #95 below teaches setting the operation mode (i.e. antenna configurations, see above) based on distance between hub and moving terminal AND the beam search period based on speed of the moving terminal. Hence one skilled understands that there will be a point where the moving terminal is near the edge of signal loss (based on its location/speed) and it would make no sense to attempt to send a beam search command, i.e the moving terminal is being handed-off to another hub/BTS (see figure 1)); and [0095] As an example, the apparatus for a beam-forming communication in a mobile wireless backhaul may set the beam width, the direction, and the beam search group according to the distance and the direction of movement between the mobile terminal and the base station, and may set the beam search period according to the distance and the speed of the mobile terminal. In addition, the apparatus for a beam-forming communication in a mobile wireless backhaul may set the number of beam search groups in which the beam searching is to be performed according to the speed of the mobile terminal. transmitting signals to the moving backhaul terminal when the beam search command message is transmitted to the moving backhaul terminal (based on the above passages, one skilled sees that the system can determine if the moving terminal is nearing handoff and communications can be prevented until AFTER the handoff – transmission signals can also be allowed or prevented based upon if the beam search command will/won’t be transmitted – Para #4 teaches signal strength is significantly attenuated). [0004] Most wireless communication systems including cellular mobile communication currently introduce a beam-forming technology for improving performance. In the case of a mobile wireless backhaul system for the high speed moving body, however, since the mobile terminal moves at high speed, strength of a received signal is significantly attenuated when the beam-forming does not meet the moving speed of the moving terminal. Therefore, in order for the mobile terminal and the base station in the high speed moving body to communicate with each other using the beam-forming technology, beam-forming execution speed in the base station and the mobile terminal should be extremely fast. But is silent on a first azimuth angle to which a beam of the moving backhaul hub is directed; determining whether to transmit a command based on the operation mode of the moving backhaul terminal transmitting signals to the moving backhaul terminal in consideration of the operation mode. With regard to azimuth angle, at least Jones US 2019/0124617 teaches beam selection using azimuth (and distance, elevation, signal strength, etc.) [0048] The base station data 120 originates from and/or is provided by the base station 104. The base station data 120 may include information that is similar or in addition to the device data 118, such as any one or more of the following: [0049] time-difference of arrival data; [0050] timing advance data; [0051] distance data; [0052] signal strength data; [0053] cell ID; [0054] currently selected beam for communicating with the mobile device 102; [0055] direction of the currently selected beam; [0056] azimuth of the currently selected beam; [0057] elevation or tilt of the currently selected beam; [0058] physical coordinates of the base station; [0059] height or altitude of the base station antenna; [0060] a current direction of the mobile device 102 relative to the base station, based on the current beam selection of the mobile device 102; [0061] a current azimuth of the mobile device 102 relative to the base station, based on the current beam selection of the mobile device 102; [0062] a current elevation of the mobile device 102 relative to the base station, based on the current beam selection of the mobile device 102 and [0063] a strength of the signal between the base station and the mobile device 102; [0064] a distance of the mobile device 102 from the base station, based on the strength of the signal between the base station and the mobile device 102. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the Kim, such that the process uses azimuth angle, to provide measurements with azimuth to determine an exact location of the user (along with distance and elevation measurements) With regard to “..determining whether to transmit a command based on the operation mode of the moving backhaul terminal AND transmitting signals to the moving backhaul terminal in consideration of the operation mode…”, the examiner makes the distinction that Kim can send a beam search command AND also transmit data signals BUT these two procedures aren’t performed based on the operational mode. Prior art Song US 6,327,471 is added to teach that the decision to transmit commands/data can be based on the operational mode, i.e. if the mobile is perhaps near the edge of a cell (nearing handoff), thusly the mobile would either be handed off OR the UE may be dropped completely. So the operational mode of the user is impacted as they near an edge of a cell and this can dictate whether further communications should occur OR if the user should be handed off (or dropped). As the user nears the edge, a command will NOT be sent nor will data be sent BUT if the user is within the cell (not near an edge) then the command(s) can be sent and data as well. (8) In order to prevent increase of transmitting signal power of a radiotelephone at the edge of a cell in order to improve transmission and thus cause jamming of the base station by requesting all units in the new cell to increase their transmitting power to that level, handoff to another cell base station is performed by the current cell base station. However, if a user's signal is very weak, the radiotelephone has to be dropped off from the cell by the base station before it wipes out the entire network. Very weak users are not handed over to another cell base station because their performance will be poor near the edge of the adjacent cell after the handoff. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that determining whether to transmit a command based on the operation mode of the moving backhaul terminal AND transmitting signals to the moving backhaul terminal in consideration of the operation mode, to provide the ability to understand where the user is located and if it makes sense to attempt command/data transmission (i.e. if the user is nearing a handoff location OR if communications must be halted based on signal strength). As per claims 2 and 14, the combo teaches claim 1/13, wherein the determining of the operation mode comprises: calculating a second separation distance between the moving backhaul hub and the moving backhaul terminal based on location information at a second time; (Kim clearly teaches a moving train and measuring the distance/speed between the hub/BTS and moving terminal/user, hence Kim can determine if the train is moving based on the different locations of the user over first/second time measurements and distances observed – see passages cited above/previous), But is silent on determining the operation mode of the moving backhaul terminal as the moving mode when a difference between the first separation distance and the second separation distance is equal to or greater than a first predetermined value. See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. Song teaches determining if the user is near an edge of a cell as it moves (see 24 below) and the boundaries of a cell (see 24 below). Previously cited (8) below teaches understanding if the user is near an edge and change the operations of the communications (i.e handoff, terminate, etc.) – NOTE that Kim can adapt the antennas based on the distance/speed as well. Thusly, Song can be used to adapt the user’s moving mode if/when the separation distances are within a (predetermined) value when the user nears an edge of the cell (this can promote handoff or termination of communications). (24) Several systems, such as Advanced Mobile Phone System (AMPS) and GSM, use a timer or a counter method to determine the location of a radiotelephone. In a cellular system implementing the timer method, each radiotelephone registers with the base station every several seconds. The velocity of the movement of the cellular radiotelephone is estimated, and the approximate distance that it could have traveled is calculated from the time when the radiotelephone last registered. However, AMPS handoffs frequently fail, causing dropped calls, which contributes to perceptions of poor service quality. Moreover, each handoff is preceded and followed by long intervals of poor link quality, resulting in annoying noise and distortion. (25) In an alternative conventional method, base stations determine boundaries of their coverage areas with scaled contour shapes. The contour shapes have minimum and maximum boundaries which are generated based upon RF measurements of each base station. (8) In order to prevent increase of transmitting signal power of a radiotelephone at the edge of a cell in order to improve transmission and thus cause jamming of the base station by requesting all units in the new cell to increase their transmitting power to that level, handoff to another cell base station is performed by the current cell base station. However, if a user's signal is very weak, the radiotelephone has to be dropped off from the cell by the base station before it wipes out the entire network. Very weak users are not handed over to another cell base station because their performance will be poor near the edge of the adjacent cell after the handoff. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that determining the operation mode of the moving backhaul terminal as a moving mode when a difference between the first separation distance and the second separation distance is equal to or greater than a first predetermined value, to provide the ability to measure distances over time which are used to determine if the user is moving and adapt the operational mode accordingly (Kim can adapt the antenna configuration). As per claims 3 and 15, the combo teaches 1/13, The beam management method according to claim 1, wherein the determining of the operation mode comprises: calculating a second azimuth angle to which the beam of the moving backhaul hub is directed based on location information at a second time (Kim clearly teaches a moving train and measuring the distance/speed between the hub/BTS and moving terminal/user, hence Kim can determine if the train is moving based on the different locations of the user over first/second time measurements and distances observed – see passages cited above/previous. Thusly, the moving train will change the first/second azimuth measurements); and But is silent on determining the operation mode of the moving backhaul terminal as the moving mode when a difference between the first azimuth angle and the second azimuth angle is equal to or greater than a second predetermined value. See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. With regard to azimuth angle(s), Jones teaches support for using azimuth, elevation, distance and signal strengths between the moving terminal/user and moving hub/BTS (para #185) and the values measured and used for determining beam selection, etc.. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that azimuth angles are measured against a predetermined value, to provide the ability to understand if the user is moving and adapt its antenna operational configuration accordingly. With regard to “..determining the operation mode of the moving backhaul terminal as a moving mode when a difference between the “data” is equal to or greater than a second predetermined value..”, Song teaches determining if the user is near an edge of a cell as it moves (see 24 below) and the boundaries of a cell (see 24 below). Previously cited (8) below teaches understanding if the user is near an edge and change the operations of the communications (i.e handoff, terminate, etc.) – NOTE that Kim can adapt the antennas based on the distance/speed as well. Thusly, Song can be used to adapt the user’s moving mode if/when the azimuth angles is/are equal/greater than a second (predetermined) value when the user nears an edge of the cell (this can promote handoff or termination of communications). (24) Several systems, such as Advanced Mobile Phone System (AMPS) and GSM, use a timer or a counter method to determine the location of a radiotelephone. In a cellular system implementing the timer method, each radiotelephone registers with the base station every several seconds. The velocity of the movement of the cellular radiotelephone is estimated, and the approximate distance that it could have traveled is calculated from the time when the radiotelephone last registered. However, AMPS handoffs frequently fail, causing dropped calls, which contributes to perceptions of poor service quality. Moreover, each handoff is preceded and followed by long intervals of poor link quality, resulting in annoying noise and distortion. (25) In an alternative conventional method, base stations determine boundaries of their coverage areas with scaled contour shapes. The contour shapes have minimum and maximum boundaries which are generated based upon RF measurements of each base station. (8) In order to prevent increase of transmitting signal power of a radiotelephone at the edge of a cell in order to improve transmission and thus cause jamming of the base station by requesting all units in the new cell to increase their transmitting power to that level, handoff to another cell base station is performed by the current cell base station. However, if a user's signal is very weak, the radiotelephone has to be dropped off from the cell by the base station before it wipes out the entire network. Very weak users are not handed over to another cell base station because their performance will be poor near the edge of the adjacent cell after the handoff. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that determining the operation mode of the moving backhaul terminal as a moving mode when a difference between the “data” is equal to or greater than a second predetermined value, to provide the ability to determine when the user is moving and adapt its antenna operational configuration accordingly. As per claims 4 and 16, the combo teaches claim 1/13, wherein the determining of the operation mode comprises: calculating a second elevation angle to which the beam of the moving backhaul hub is directed based on location information at a second time AND when a difference between the first elevation angle and the second elevation angle is equal to or greater than a third predetermined value (Para #9 teaches the hub setting a beam search period based on the elevation angle, speed, direction, etc. of the moving user, hence the instantaneous speed will create instantaneous elevation angles (as the user moves) and the period is adjusted accordingly – so there is/are predetermined elevation angle value(s) that cause the period to be adjusted); [from Para #9] setting the number of beam search groups in which a beam search is to be performed and a beam search period according to the detected speed and direction of movement; and a beam searching unit searching for the beam of the mobile terminal based on beam setting values set by the beam setting unit. But is silent on determining the operation mode of the moving backhaul terminal as the moving mode when a difference between the “data” is equal/greater than predetermined value(s). See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. Song teaches determining if the user is near an edge of a cell as it moves (see 24 below) and the boundaries of a cell (see 24 below). Previously cited (8) below teaches understanding if the user is near an edge and change the operations of the communications (i.e handoff, terminate, etc.) – NOTE that Kim can adapt the antennas based on the distance/speed as well. Thusly, Song can be used to adapt the user’s moving mode if/when the elevation angles are equal or greater than a (predetermined) value when the user nears an edge of the cell (this can promote handoff or termination of communications). (24) Several systems, such as Advanced Mobile Phone System (AMPS) and GSM, use a timer or a counter method to determine the location of a radiotelephone. In a cellular system implementing the timer method, each radiotelephone registers with the base station every several seconds. The velocity of the movement of the cellular radiotelephone is estimated, and the approximate distance that it could have traveled is calculated from the time when the radiotelephone last registered. However, AMPS handoffs frequently fail, causing dropped calls, which contributes to perceptions of poor service quality. Moreover, each handoff is preceded and followed by long intervals of poor link quality, resulting in annoying noise and distortion. (25) In an alternative conventional method, base stations determine boundaries of their coverage areas with scaled contour shapes. The contour shapes have minimum and maximum boundaries which are generated based upon RF measurements of each base station. (8) In order to prevent increase of transmitting signal power of a radiotelephone at the edge of a cell in order to improve transmission and thus cause jamming of the base station by requesting all units in the new cell to increase their transmitting power to that level, handoff to another cell base station is performed by the current cell base station. However, if a user's signal is very weak, the radiotelephone has to be dropped off from the cell by the base station before it wipes out the entire network. Very weak users are not handed over to another cell base station because their performance will be poor near the edge of the adjacent cell after the handoff. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that determining the operation mode of the moving backhaul terminal as a moving mode when a difference between the “data” is equal/greater than predetermined value(s), to provide the ability to determine when the user is moving and adapt its antenna operational configuration accordingly. As per claim 6, the combo teaches claim 1, wherein in the determining of whether to transmit the beam search command message, when the operation mode of the moving backhaul terminal is determined as the moving mode (Kim teaches determining the user is moving based on speed and direction – see above/previous) and a difference of instantaneous values of the first separation distance between the moving backhaul hub and the moving backhaul terminal is equal to or greater than a first predetermined value (Para #9 teaches the hub setting a beam search period based on the speed/direction of the moving user, hence the instantaneous speed will create instantaneous distances (as the user moves) and the period is adjusted accordingly – so there is/are predetermined distance value(s) that cause the period to be adjusted) [from Para #9] setting the number of beam search groups in which a beam search is to be performed and a beam search period according to the detected speed and direction of movement; and a beam searching unit searching for the beam of the mobile terminal based on beam setting values set by the beam setting unit. transmit the beam search command message to the moving backhaul terminal (Para #9 teaches the hub setting a beam search period based on the speed/direction of the moving user, hence the beams will be searched within a specific period and then communications can commence); but is silent on the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal, i.e. based on the instantaneous distance(s)). The examiner makes the distinction that there is NO determination step in KIM where he will determine if he can/can’t transmit the beam search command. See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. Song teaches determining if the user is near an edge of a cell as it moves (see 24 below) and the boundaries of a cell (see 24 below). Previously cited (8) teaches understanding if the user is near an edge and change the operations of the communications (i.e handoff, terminate, etc.) – NOTE that Kim can adapt the antennas based on the distance/speed as well. Thusly, Song can be used to adapt the user’s moving mode if/when the distances determine that the user is near an edge of the cell (this can promote handoff or termination of communications). It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal, to provide the ability to determine if there is movement of the moving terminal and adapt its antenna operational configuration accordingly. As per claim 7, the combo teaches claim 1, wherein in the determining of whether to transmit the beam search command message, when the operation mode of the moving backhaul terminal is determined as the moving mode (Kim teaches determining the user is moving based on speed and direction – see above/previous) and a difference of instantaneous values of the first “data” is equal to or greater than a second predetermined value, (Para #9 teaches the hub setting a beam search period based on various data, e.g. speed, direction, elevation, hence these can be used to adapt the beam search period (as the user moves) and the period is adjusted accordingly – so there is/are predetermined azimuth value(s) that cause the period to be adjusted) [from Para #9] setting the number of beam search groups in which a beam search is to be performed and a beam search period according to the detected speed and direction of movement; and a beam searching unit searching for the beam of the mobile terminal based on beam setting values set by the beam setting unit. transmit the beam search command message to the moving backhaul terminal (Para #9 teaches the hub setting a beam search period based on the speed/direction of the moving user, hence the beams will be searched within a specific period and then communications can commence); but is silent on Azimuth angle; the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal, i.e. based on the instantaneous distance(s)). The examiner makes the distinction that there is NO determination step in KIM where he will determine if he can/can’t transmit the beam search command. See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. Jones (see above) teaches support for using azimuth, elevation, distance, signal strength for beam search. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that it supports azimuth angle, to provide the ability to determine the moving device’s location based upon azimuth (and distance, elevation, etc.). With regard to “..the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal..”, Song teaches determining if the user is near an edge of a cell as it moves (see 24 below) and the boundaries of a cell (see 24 below). Previously cited (8) teaches understanding if the user is near an edge and change the operations of the communications (i.e handoff, terminate, etc.) – NOTE that Kim can adapt the antennas based on the distance/speed as well. Thusly, Song can be used to adapt the user’s moving mode if/when the azimuth determines that the user is near an edge of the cell (this can promote handoff or termination of communications). It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal, to provide the ability to send a command when it is optimal to send it (i.e. not when at the edge of the cell). As per claim 8, the combo teaches claim 1, wherein in the determining of whether to transmit the beam search command message, when the operation mode of the moving backhaul terminal is determined as the moving mode (Kim teaches determining the user is moving based on speed and direction – see above/previous) and and a difference of instantaneous values of the first elevation angle is equal to or greater than a third predetermined value (Para #9 teaches the hub setting a beam search period based on the elevation angle, speed, direction, etc. of the moving user, hence the instantaneous speed will create instantaneous elevation angles (as the user moves) and the period is adjusted accordingly – so there is/are predetermined elevation angle value(s) that cause the period to be adjusted) [from Para #9] setting the number of beam search groups in which a beam search is to be performed and a beam search period according to the detected speed and direction of movement; and a beam searching unit searching for the beam of the mobile terminal based on beam setting values set by the beam setting unit. transmit the beam search command message to the moving backhaul terminal (Para #9 teaches the hub setting a beam search period based on the speed/direction of the moving user, hence the beams will be searched within a specific period and then communications can commence); but is silent on the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal, i.e. based on the instantaneous elevation(s). The examiner makes the distinction that there is NO determination step in KIM where he will determine if he can/can’t transmit the beam search command. See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. Song teaches determining if the user is near an edge of a cell as it moves (see 24 below) and the boundaries of a cell (see 24 below). Previously cited (8) teaches understanding if the user is near an edge and change the operations of the communications (i.e handoff, terminate, etc.) – NOTE that Kim can adapt the antennas based on the distance/speed as well. Thusly, Song can be used to adapt the user’s moving mode if/when the distances/elevations/etc. determine that the user is near an edge of the cell (this can promote handoff or termination of communications). It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal, to provide the ability to send a command when it is optimal to send it (i.e. not when at the edge of the cell). As per claim 9, the combo teaches claim 1, wherein in the determining of whether to transmit the beam search command message, when the operation mode of the moving backhaul terminal is determined as the hovering mode and a cumulative value of the first separation distance between the moving backhaul hub and the moving backhaul terminal is equal to or greater than a first predetermined value (Para #9 teaches a position searching unit that detects a distance between the moving terminal and moving hub, hence if the moving terminal can be determined to be not moving (hovering, in the train station, etc.) if the distance measured over a time period does NOT change – sending of the beam search command pertains to the devices being in an operational mode), [0009] An exemplary embodiment of the present invention provides an apparatus for beam-forming communication in a mobile wireless backhaul network included in a base station including: an antenna unit radiating a beam according to predetermined beam characteristics and transmitting a signal of the base station to a mobile terminal in a high speed moving body; a position searching unit detecting a distance, a speed, and a direction of movement between the base station and the mobile terminal; a beam setting unit grouping one or more beams according to the detected distance between the base station and the mobile terminal and setting the number of beam search groups in which a beam search is to be performed and a beam search period according to the detected speed and direction of movement; and a beam searching unit searching for the beam of the mobile terminal based on beam setting values set by the beam setting unit. the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal (Kim can/will send a beam search command based on either a stationary or moving backhaul hub since he teaches the speed (which can be Zero to the train’s top speed) can be used to adapt the antenna configuration – thusly the stationary/hovering mobile terminal can transmit a beam search command). See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. As per claim 10, the combo teaches claim 1, wherein in the determining of whether to transmit the beam search command message, when the operation mode of the moving backhaul terminal is determined as the hovering mode and a cumulative value of the first “data’ is equal to or greater than a first predetermined value (Para #9 teaches a position searching unit that detects a distance between the moving terminal and moving hub, hence if the moving terminal can be determined to be not moving (hovering, in the train station, etc.) if the distance measured over a time period does NOT change – sending of the beam search command pertains to the devices being in an operational mode), [0009] An exemplary embodiment of the present invention provides an apparatus for beam-forming communication in a mobile wireless backhaul network included in a base station including: an antenna unit radiating a beam according to predetermined beam characteristics and transmitting a signal of the base station to a mobile terminal in a high speed moving body; a position searching unit detecting a distance, a speed, and a direction of movement between the base station and the mobile terminal; a beam setting unit grouping one or more beams according to the detected distance between the base station and the mobile terminal and setting the number of beam search groups in which a beam search is to be performed and a beam search period according to the detected speed and direction of movement; and a beam searching unit searching for the beam of the mobile terminal based on beam setting values set by the beam setting unit. the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal (Kim can/will send a beam search command based on either a stationary or moving backhaul hub since he teaches the speed (which can be Zero to the train’s top speed) can be used to adapt the antenna configuration – thusly the stationary/hovering mobile terminal can transmit a beam search command). But is silent on Azimuth angle. See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. Jones (see previous/above) teaches support for elevation angle, distance, azimuth, etc. and this would be used to determine if the moving terminal is hovering (i.e. based on if the elevation angle is changing over time). It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that it supports azimuth angle, to provide the ability to determine the user’s location and/or if it is moving to adapt the antenna operation mode accordingly. As per claim 11, the combo teaches claim 1, wherein in the determining of whether to transmit the beam search command message, when the operation mode of the moving backhaul terminal is determined as the hovering mode and a cumulative value of the first elevation angle (Para #72 teaches AoA and AoD which can inherently provide elevation between the two devices) and is equal to or greater than a first predetermined value (Para #9 teaches a position searching unit that detects a distance between the moving terminal and moving hub, hence if the moving terminal can be determined to be not moving (hovering, in the train station, etc.) if the distance measured over a time period does NOT change – sending of the beam search command pertains to the devices being in an operational mode), [0009] An exemplary embodiment of the present invention provides an apparatus for beam-forming communication in a mobile wireless backhaul network included in a base station including: an antenna unit radiating a beam according to predetermined beam characteristics and transmitting a signal of the base station to a mobile terminal in a high speed moving body; a position searching unit detecting a distance, a speed, and a direction of movement between the base station and the mobile terminal; a beam setting unit grouping one or more beams according to the detected distance between the base station and the mobile terminal and setting the number of beam search groups in which a beam search is to be performed and a beam search period according to the detected speed and direction of movement; and a beam searching unit searching for the beam of the mobile terminal based on beam setting values set by the beam setting unit. the moving backhaul hub determines to transmit the beam search command message to the moving backhaul terminal (Kim can/will send a beam search command based on either a stationary or moving backhaul hub since he teaches the speed (which can be Zero to the train’s top speed) can be used to adapt the antenna configuration – thusly the stationary/hovering mobile terminal can transmit a beam search command). See Kim’s Para #43 (cited above) who teaches determining that the train is moving, its speed and direction. As per claim 13, this claim is rejected in its entirety as based on the rejection of claim 1. Furthermore, Kim teaches a moving backhaul hub in a moving backhaul system, comprising: a processor; a memory electronically communicating with the processor; and instructions stored in the memory, wherein when executed by the processor, the instructions cause the moving backhaul hub to perform the steps of the claim (see Figure 2 showing hardware and Figure 12 showing pseudocode/instructions). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim/Jones/Song and further in view of {Kim US 2017/0048775 (Kim #2) or Woo et al. US 2021/0351835}. As per claim 12, the combo teaches claim 1, but is silent on further comprising: receiving, from the moving backhaul terminal, a beam search result message including measurement result information on the signals; and selecting a first beam having a largest signal strength based on the measurement result information of the signals. Kim #2 or Woo teach the selection based on signal strength: Kim US 2017/0048775 (Kim #2) who teaches selecting the most optimal beam on uplink/downlink which reads on selecting the beam(s) with the largest signal strength. [From Para #165] They each perform beam training on all the beams to select the optimal beam on each of DL and UL. ii) Woo et al. US 2021/0351835 teaches a beam search and then selecting the beam with best received strength [0085] According to various embodiments, an electronic device (e.g., the electronic device 101) may include a communication module (e.g., the communication module 190), and a processor (e.g., the processor 120). The processor (e.g., the processor 120) may perform beam search, generate measurement results of pairs of tx beams and rx beams through the beam search, and select an optimal beam pair based on received strength average values for beam pairs of tx beams and rx beams determined from the measurement results. It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that receiving, from the moving backhaul terminal, a beam search result message including measurement result information on the signals AND selecting a first beam having a largest signal strength based on the measurement result information of the signals, to provide the ability to measure and select the optimal beam based on signal strength. Allowable Subject Matter Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. This claim recites a highly detailed technical design that is not found in at least the prior art of record, either alone or in combination. Claim 5: wherein the determining of the operation mode comprises: calculating, based on location information at a second time, a second separation distance between the moving backhaul hub and the moving backhaul terminal, a second azimuth angle to which the beam of the moving backhaul hub is directed, and a second elevation angle to which the beam of the moving backhaul hub is directed; and determining the operation mode of the moving backhaul terminal as a hovering mode when a difference between the first separation distance and the second separation distance is less than a first predetermined value, a difference between the first azimuth angle and the second azimuth angle is less than a second predetermined value, and a difference between the first elevation angle and the second elevation angle is less than a third predetermined value. 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 repl
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Prosecution Timeline

Apr 21, 2023
Application Filed
Jul 03, 2025
Non-Final Rejection — §103
Oct 08, 2025
Response Filed
Oct 22, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
57%
Grant Probability
80%
With Interview (+22.9%)
2y 7m
Median Time to Grant
Moderate
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