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 .
DETAILED ACTION
This office action is in response to the application filed on 01/12/2024.
Claims 1-19 are currently pending.
Claims 1-19 are rejected.
Claims 1 and 11-12 are independent claims.
- Claim Objection
5. Claim 9 is objected to because of the following informalities: “TVWS” should be “TVWS (TV white space)”. Appropriate correction is required.
6. Claim 12 is objected to because of the following informalities: “from a local communications device” in line 7 should be “from the local communications device”. Appropriate correction is required.
7. Claim 13 is objected to because of the following informalities: “TVWS” should be “TVWS (TV white space)”. Appropriate correction is required.
8. Claim 16 is objected to because of the following informalities: “a satellite” should be “the satellite”. Appropriate correction is required.
Drawings
9. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: item 116, 108 in Fig. 1a. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
10. Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
11. Claim 3 recites the limitation "the satellite communication data throughput" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
12. 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 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.
13. 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 of this title, 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.
14. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
15. Claims 1-8, 11-12 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Satyajit Roy et al. (US 2019/0260464 A1), hereinafter Roy, in view of Jibing Wang et al. (US 2024/0014888 A1), hereinafter Wang.
For claim 1, Roy teaches a method comprising:
initiating a communication link between a first system and a second other system, the communication link including an uplink from the first system to the second other system and a downlink from the second other system to the first system (Roy, Fig. 1 and paragraphs 46-51 teach communication between a first system and a second other system, wherein the first system comprises a satellite 170 and dish 175; the second other system includes gateway computer 180, mobile backbone 155, base station 165; the communication link includes an uplink from the first system to the second other system and a downlink form the second other system to the first system).
Wang further teaches transmitting signals from the first system via the uplink consisting of a terrestrial wireless communication link absent satellite communications therein to the second other system (Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190.); and
transmitting signals from the second other system via the downlink comprising a satellite-based communication link to the first system (Wang, Fig. 1 and paragraph 22 teach transmitting signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy with Wang to have initiating a communication link between a first system and a second other system, the communication link including an uplink from the first system to the second other system and a downlink from the second other system to the first system; transmitting signals from the first system via the uplink consisting of a terrestrial wireless communication link absent satellite communications therein to the second other system; and transmitting signals from the second other system via the downlink comprising a satellite-based communication link to the first system to improve communication performance of the UE [Wang: paragraph 73].
For claim 2, Roy and Wang further teach a method according to claim 1 wherein the downlink is transmitted via a communication link including portions that are ground-based (Wang, Fig. 1 and paragraph 22 teach transmitting signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
For claim 3, Roy and Wang further teach a method according to claim 1 wherein the uplink from the first system to the second other system includes a link having low data throughput communication relative to the satellite communication data throughput (Roy, Figs. 1, 4 and paragraphs 46-51 teach communication between a first system and a second other system, wherein the first system comprises a satellite 170 and dish 175; the second other system includes gateway computer 180, mobile backbone 155, base station 165; the communication link includes an uplink from the first system to the second other system. Roy, paragraph 15 teaches The computer may be further programmed to determine a first score of the traffic data based on at least one of a data throughput, a data type quantifier, and a terrestrial link quantifier, and to route at least the portion of traffic data via the satellite communication interface upon determining that the first score of the traffic data exceeds the threshold. Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy with Wang to have wherein the uplink from the first system to the second other system includes a link having low data throughput communication relative to the satellite communication data throughput to improve communication performance of the UE [Wang: paragraph 73].).
For claim 4, Roy and Wang further teach a method according to claim 1 wherein for some first signals from the first system the uplink is via a terrestrial wireless network and for other second signals from the first system the uplink is via a satellite communication network (Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190 and some other signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
For claim 5, Roy and Wang further teach a method according to claim 4 wherein the some first signals are determined based on data throughput utilisation of the terrestrial wireless network (Roy, Fig. 1 and paragraph 30 teach The method may further include determining a score of the traffic data based on at least one of a data throughput, a data type quantifier, and a terrestrial link quantifier, and routing at least the portion of traffic data via the satellite communication interface upon determining that the score of the traffic data exceeds the threshold.).
For claim 6, Roy and Wang further teach a method according to claim 4 wherein the some first signals are determined based on a type and purpose of the some first signals (Roy, Fig. 1 and paragraph 30 teach The method may further include determining a score of the traffic data based on at least one of a data throughput, a data type quantifier, and a terrestrial link quantifier, and routing at least the portion of traffic data via the satellite communication interface upon determining that the score of the traffic data exceeds the threshold.).
For claim 7, Roy and Wang further teach a method according to claim 4 wherein the some first signals are determined based on a latency requirement for the some first signals (Roy, Fig. 1 and paragraph 32 teach The method may further include determining the data priority based at least in part on a latency threshold of the traffic data.).
For claim 8, Roy and Wang further teach a method according to claim 1 wherein all signals from the first system transmitted via the uplink are transmitted via a terrestrial wireless network and all signals to the first system are via a satellite communication network (Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190 and some other signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
For claim 11, Roy teaches a method comprising:
initiating a communication link between a first system and a second other system, the communication link including an uplink from the first system to the second other system and a downlink from the second other system to the first system (Roy, Fig. 1 and paragraphs 46-51 teach communication between a first system and a second other system, wherein the first system comprises a satellite 170 and dish 175; the second other system includes gateway computer 180, mobile backbone 155, base station 165; the communication link includes an uplink from the first system to the second other system and a downlink form the second other system to the first system).
determining a data throughput requirement for communicating from the first customer system to the second other system, available data throughput on each of a first terrestrial wireless communication link and a satellite communication link (Roy, Fig. 1 and paragraph 30 teach The method may further include determining a score of the traffic data based on at least one of a data throughput, a data type quantifier, and a terrestrial link quantifier, and routing at least the portion of traffic data via the satellite communication interface upon determining that the score of the traffic data exceeds the threshold.).
Wang further teaches transmitting signals from the first system via the uplink consisting of a terrestrial wireless communication link absent satellite communications therein to the second other system (Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190.); and
transmitting signals from the second other system via the downlink comprising a satellite-based communication link to the first system (Wang, Fig. 1 and paragraph 22 teach transmitting signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy with Wang to have initiating a communication link between a first customer system and a second other system; determining a data throughput requirement for communicating from the first customer system to the second other system, available data throughput on each of a first terrestrial wireless communication link and a satellite communication link in each of an uplink and downlink direction; and communicating with the second other system via a terrestrial wireless communication link absent satellite communications therein in either an uplink direction or a downlink direction; and communicating with the second other system via a satellite communication link in another of the uplink direction or the downlink direction to improve communication performance of the UE [Wang: paragraph 73].
For claim 12, Roy teaches a system comprising:
an uplink transmitter configured to preferentially select a terrestrial wireless communication network for transmission of uplink signals (Roy, Fig. 1 and paragraphs 46-51 teach gateway computer 180 transmits uplink signals to base station 165. In other words, the gateway computer is the uplink transmitter.);
a downlink receiver configured to receive signals transmitted thereto from a satellite directly (Roy, Fig. 1 and paragraphs 46-51 teach gateway computer 180 receives signals from satellite 170 via dish 175. In other words, the gateway computer 180 is the downlink receiver.); and
a local communication transceiver for transmitting signals to a local communications device and for receiving signals from a local communications device (Roy, Fig. 1 and paragraphs 46-51 teach signals transmission between base station 165 and mobile backbone 155. In other words, the mobile backbone 155 is the local communication transceiver. the base station 165 is the local communications device.)
Wang further teaches transmitting signals from the first system via the uplink consisting of a terrestrial wireless communication link absent satellite communications therein to the second other system (Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190.); and
transmitting signals from the second other system via the downlink comprising a satellite-based communication link to the first system (Wang, Fig. 1 and paragraph 22 teach transmitting signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy with Wang to have a system comprising: an uplink transmitter configured to preferentially select a terrestrial wireless communication network for transmission of uplink signals; a downlink receiver configured to receive signals transmitted thereto from a satellite directly; and a local communication transceiver for transmitting signals to a local communications device and for receiving signals from a local communications device to improve communication performance of the UE [Wang: paragraph 73].
For claim 16, Roy and Wang further teach the system of claim 12 wherein the uplink transmitter is absent a satellite transmitter for transmitting signals to a satellite (Roy, Fig. 1 gateway computer 180 transmits signals to satellite 170 via dish 175.).
For claim 17, Roy and Wang further teach the system of claim 12 wherein the system is configured for transmitting first signals via the uplink wireless transmitter and for receiving responses to the first signals via the downlink receiver (Roy, Fig. 1 gateway computer 180 transmits and receives signals.).
For claim 18, Roy and Wang further teach all the limitations of parent claim 12, wherein transmitting signals from the first system via the uplink consisting of a terrestrial wireless communication link absent satellite communications therein to the second other system (Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190.); and
transmitting signals from the second other system via the downlink comprising a satellite-based communication link to the first system (Wang, Fig. 1 and paragraph 22 teach transmitting signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy with Wang to have in use, signals are transmitted via the uplink transceiver exclusively via the terrestrial wireless communication network and received exclusively via the downlink receiver from the satellite to improve communication performance of the UE [Wang: paragraph 73].
For claim 19, Roy and Wang further teach all the limitations of parent claim 12, wherein transmitting signals from the first system via the uplink consisting of a terrestrial wireless communication link absent satellite communications therein to the second other system (Wang, Fig. 1 and paragraphs 22-25 teach transmitting signals from satellite 161 to terrestrial base station 122 via uplink through terrestrial core network 150 and satellite ground station 190.); and
transmitting signals from the second other system via the downlink comprising a satellite-based communication link to the first system (Wang, Fig. 1 and paragraph 22 teach transmitting signals from the terrestrial base station 122 to the satellite 161 via wireless link 135.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy with Wang to have in use, signals are transmitted via the uplink transceiver exclusively via the terrestrial wireless communication network and some signals are received via the downlink receiver from the satellite and some signals are received via the downlink receiver via the terrestrial wireless communication network to improve communication performance of the UE [Wang: paragraph 73].
16. Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Satyajit Roy et al. (US 2019/0260464 A1), hereinafter Roy, in view of Jibing Wang et al. (US 2024/0014888 A1), hereinafter Wang and Tusher CHAKRABORTY et al. (US 2021/0409110 A1), hereinafter CHAKRABORTY.
For claim 9, Roy and Wang teach all the limitations of parent claim 1. Roy further teaches a satellite receiver (Roy, Fig. 1 item 175). Roy and Wang do not explicitly teach a TVWS transceiver.
However, CHAKRABORTY explicitly teaches a TVWS transceiver (CHAKRABORTY, Fig. 2 item 208 and paragraph 55 teach a TVWS transceiver.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy and Wang with a TVWS transceiver taught in CHAKRABORTY thereby enhance overall end to end (E2E) network experience and/or performance for the end consumer. [CHAKRABORTY: paragraph 18].
For claim 10, Roy, Wang and CHAKRABORTY further teach a method according to claim 9 wherein the first system is connected to a wide area network via a high-speed terrestrial connection and to customer premise equipment via TVWS wireless communication (Roy, Fig. 1 and paragraph 39 teach wide area networks (WAN) in the system, paragraph 86 teaches high data rate for a given bandwidth. CHAKRABORTY, Fig. 2 item 208 and paragraph 55 teach a TVWS transceiver communicates with end user device 104. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy and Wang with CHAKRABORTY to have the first system is connected to a wide area network via a high-speed terrestrial connection and to customer premise equipment via TVWS wireless communication thereby enhance overall end to end (E2E) network experience and/or performance for the end consumer. [CHAKRABORTY: paragraph 18].).
17. Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Satyajit Roy et al. (US 2019/0260464 A1), hereinafter Roy, in view of Jibing Wang et al. (US 2024/0014888 A1), hereinafter Wang and Mi Kyung OH et al. (US 2014/0016653 A1), hereinafter OH.
For claim 13, Roy and Wang teach all the limitations of parent claim 12. Roy further teaches local communication (Roy, Fig. 1). Roy and Wang do not explicitly teach the TVWS band.
However, OH explicitly teaches the TVWS band (OH, paragraph 7 teaches a seamless WPAN service within a TVWS band.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy and Wang with the TVWS band taught in OH that satisfies a TVWS regulation and having location capability. [OH: paragraph 8].
For claim 14, Roy, Wang and OH further teach a system according to claim 13 comprising a frame wherein the local communication transceiver is physically affixed to the frame and wherein the downlink receiver is also physically affixed to the frame (Roy, Fig. 1 and paragraphs 46-51 teach gateway computer 180 is connected to mobile backbone 155. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy to have a frame to physically affixed to the gateway computer 180 and the mobile backbone 155.).
For claim 15, Roy, Wang and OH further teach a system according to claim 13 wherein the local communication transceiver is physically coupled to the downlink receiver with a communication cable (Roy, Fig. 1 and paragraphs 46-51 teach gateway computer 180 is connected to mobile backbone 155. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Roy to have the local communication transceiver is physically coupled to the downlink receiver with a communication cable.).
Conclusion
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILL W LIN whose telephone number is (571)272-8749. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Jiang can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILL W LIN/Primary Examiner, Art Unit 2412