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 filed 3/30/26 have been fully considered but they are not persuasive.
Applicant argues the Examiner's mapping of Vrind's "feedback parameters" to the claimed "parameter sets" is in error. The claimed parameter sets expressly include capability information indicating whether a UE can handle Dual Communication (DC) with an aerial link, in addition to CQI and location information (see, e.g., [0007], [0067]). Vrind's parameters, which relate to traffic type, resource quotas, and CQI, do not include any disclosure of DC capability of a UE, nor any evaluation of such capability for selection. Additionally, the claimed invention requires that the FL server receives trajectory information from the aerial cell indicating a coverage range (see [0007], [0068]), whereas Vrind determines drone positioning internally and does not disclose receiving such trajectory or coverage information from the aerial cell itself. These differences reflect fundamentally distinct system architectures and functionalities.
However, The Examiner respectfully disagrees.
indicating whether a UE can handle Dual Communication (DC) with an aerial link is met based on the teachings of Vrind in that “The methods may include receiving at least one feedback parameter from a UE pertaining to a current network traffic flow and mobility with respect of the UE” -abstract, and 0006. Paragraph 0025 teaches “…the Feedback for Aerial Cell Trajectory (FACT) includes: (a) Predicted Buffer Status from the UE in UL; (b) Channel Quality Measurement; (c) Predicted Buffer Status for the UE in DL; (d) Traffic preference by UE; (e) Probability of staying in the same zone for the next Aerial Scheduling Period (ASP). A zone is a region within a coverage area of the terrestrial cell, which has the UEs, which are chosen (based on FACT) by the terrestrial network, to be served by a drone cell, so that resource allocation from the drone cell is maximized in that zone for those chosen UEs.
In other words, Mobility in mobile phones refers to the ability of a user to maintain seamless connectivity, voice, and data services while moving between different locations or network coverage areas. It is powered by cellular technology using cell towers, handover processes, and radio waves.
Applicants note that both the present application and Vrind are commonly owned by Samsung Electronics as of the effective filing date. Accordingly, Vrind is not prior art under the common ownership exception of 35 U.S.C. § 102(b)(2)(C). For at least these reasons, Vrind fails to anticipate the claimed invention, and withdrawal of the § 102 rejection is respectfully requested.
However, the Examiner respectfully disagree. Based on Office records the EFD of the instant application is 2022-10-10. The publicly available date of Vrind et al. US 20200260404 A1 Date Published 2020-08-13. A U.S. patent document cannot be used as 102(a)(2) prior art as of its effectively filed date, but it may still be used as 102(a)(1) prior art as of its publication or patent date. IMPORTANT: The common ownership exception does not apply to public disclosures under 102(a)(1). As noted on page 2 of the office action dated 12/29/25 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.
Therefore, the rejection is maintained as proper and made final.
Claim Rejections - 35 USC § 102
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-12, 14-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by VRIND et al. US Patent Pub. No.: 20200260404, hereinafter, ‘VRIND’.
Consider Claims 1 and 10, VRIND teaches a method for aerial-assisted federated learning at a Federated Learning (FL) server (e.g., see structural components – processor, txcvr, etc. in at least figure 1 and 4 and 0037 - each of the UE, drone, and base station may be a network node in accordance with the Third Generation Partnership Project (3GPP) standards and comprises a transceiver and processor.)comprising: receiving, from a plurality of User Equipment (UEs), a plurality of parameter sets, respectively, wherein each of the plurality of parameter sets includes a terrestrial link Channel Quality Indicator (CQI), location information, and capability information of a corresponding UE to handle Dual Communication (DC) with an aerial link (e.g., see at least 0007 –0009 “receiving from one or more UEs at least one feedback parameter pertaining to at least one of: a Predicted Buffer in uplink and downlink, a Prioritized Traffic type, a Channel Quality Measurement, and a Minimum Guaranteed service based on quality of service…identifying UEs capable” 0052- “ …the terrestrial network based on the UE capability, can dynamically control”); receiving, from an aerial cell, trajectory information indicating a coverage range of the aerial cell (e.g., see determining aerial trajectory – 0009, 0023,0025, 0043-0044 and 0079); selecting at least one UE from the plurality of UEs based on the received plurality of parameter sets and the received trajectory information (see UE selection – 0006-0009 “selecting the UE to use an aerial network through at least one drone base station cell based on a service requirement of the UE determined from the at least one feedback parameter”); and triggering an activation of the aerial link between the aerial cell and the selected at least one UE to include the selected at least one UE to a set of federated UEs associated with the FL server (e.g., see at least 0006 – “establishing an aerial communication link between the UE and the at least one drone base station cell by deploying one or more LAPS as a drone base station in accordance with the determined position to augment a network connectivity of the selected UE”.).
Consider Claims 2 and 20, Vrind teaches wherein: the terrestrial link CQI is measured by the corresponding UE based on measurement parameters received from a primary cell, and the terrestrial link CQI indicates a channel quality of the terrestrial link between the primary cell and the corresponding UE (e.g., this is met based on at least 0041 – “Through UE feedback, the QoS information of each UE is used to predict UL and DL traffic from and to each UE and a channel quality is determined”).
Consider Claims 3 and 11, Vrind teaches wherein selecting the at least one UE from the plurality of UEs comprises: determining, based on the location information of the corresponding UE and the received trajectory information, that the at least one UE among the plurality of UEs is in the coverage range of the aerial cell(e.g., see FIG. 4 illustrates a message exchange between a User Equipment (UE) and a network for the FACT based Zone-based Drone Positioning and Trajectory – see also location and trajectory information in at least 0054-0055); and selecting the at least one UE from the plurality of UEs wherein: the terrestrial link CQI of the at least one UE is lower than a threshold value; and the capability information indicates that the at least one UE can handle the DC with the aerial link (e.g., see at least 0032 – “LAPS based drone cell may be deployed when the serving terrestrial cell is unable to support a quality of service (QoS) threshold for a UE or a set of UEs” – see also 0022 – “he UE is selected for availing an aerial network through a drone base station (DBS) cell based on service requirement of the UE determined from the feedback parameter. Further, a position for at least one DBS-cell is determined with respect to the at least one selected UE based on the at least one parameter to serve the selected UE. An aerial-communication link is established between the selected UE and the DBS cell by deploying one or more Low Altitude Platform Station as a drone base station (DBS) in accordance with the determined position of DBS-cell to thereby augment a network connectivity of the selected UE.”).
Consider Claim 4, 12 and 17, Vrind teaches each of the plurality of parameter sets includes training resource information of the corresponding UE, and the training resource information includes at least one of information of computation capability of the corresponding UE or information of training data at the corresponding UE (e.g., see at least 0043 and table 1 that illustrates parameters using a trained RNN model).
Consider Claims 6 and 14, Vrind teaches wherein triggering the activation of the aerial link comprises: sending the selected at least one UE to a primary cell for activating the aerial link with the aerial cell hosted on a Low Altitude Platform (LAP) (e.g., see at least 0006 – “establishing an aerial communication link between the UE and the at least one drone base station cell by deploying one or more LAPS as a drone base station in accordance with the determined position to augment a network connectivity of the selected UE”. – see LAP - 0051).
Consider Claims 7 and 15, Vrind teaches receiving, from the primary cell, a response indicating that the DC is activated for the selected at least one UE; and adding, upon receiving the response, the selected at least one UE to the set of federated UEs for an FL process (See at least 0051 – “At step 108, an aerial communication link is established between the selected UE and the DBS cell by deploying one or more Low Altitude Platform Station (LAPS) as a DBS in accordance with the determined position of DBS-cell to thereby augment network connectivity of the selected UE. The aerial-communication link is established between the selected UEs and the drone cell.”)
Consider claim 8, Vrind teaches performing with the selected at least one UE the FL process using the aerial link(See at least 0051 – “At step 108, an aerial communication link is established between the selected UE and the DBS cell by deploying one or more Low Altitude Platform Station (LAPS) as a DBS in accordance with the determined position of DBS-cell to thereby augment network connectivity of the selected UE. The aerial-communication link is established between the selected UEs and the drone cell.”).
Consider Claims 9 and 19, Vrind teaches wherein performing the FL process comprises: sending a global model distribution to the selected at least one UE; performing, by the selected at least one UE, a machine learning training process based on the global model distribution; and receiving a training result report from the selected at least one UE based on the machine learning training process (e.g., see at least 0047 – “The feedback parameters are determined by UEs at least based on a model. For example, the feedback parameters may be determined by UEs at least based on a neural-network-based model In an example, the feedback parameters have been defined at least through earlier presented Table 1.”- see also 0071).
Consider Claim 16, VRIND teaches a method for aerial-assisted federated learning at a User Equipment (UE) comprising: sending, to a Federated Learning (FL) server, a plurality of parameter sets, respectively, wherein the plurality of parameter sets includes a terrestrial link Channel Quality Indicator (CQI), capability information of the UE to handle Dual Communication (DC) with an aerial link(e.g., see at least 0007 –0009 “receiving from one or more UEs at least one feedback parameter pertaining to at least one of: a Predicted Buffer in uplink and downlink, a Prioritized Traffic type, a Channel Quality Measurement, and a Minimum Guaranteed service based on quality of service…identifying UEs capable” 0052- “ …the terrestrial network based on the UE capability, can dynamically control”), and location information, wherein the FL server selects the UE for the DC with the aerial link when the terrestrial link CQI of the UE is lower than a threshold value and the capability information indicates that the UE can handle the DC with the aerial link(e.g., see at least 0032 – “LAPS based drone cell may be deployed when the serving terrestrial cell is unable to support a quality of service (QoS) threshold for a UE or a set of UEs” – see also 0022 – “the UE is selected for availing an aerial network through a drone base station (DBS) cell based on service requirement of the UE determined from the feedback parameter. Further, a position for at least one DBS-cell is determined with respect to the at least one selected UE based on the at least one parameter to serve the selected UE. An aerial-communication link is established between the selected UE and the DBS cell by deploying one or more Low Altitude Platform Station as a drone base station (DBS) in accordance with the determined position of DBS-cell to thereby augment a network connectivity of the selected UE.”); receiving, from a primary cell upon selection of the UE by the FL server, a cell configuration of the aerial cell for synchronization of the UE with the aerial cell for enabling the UE to handle DC with the aerial link; and performing, with the FL Server, an FL process using the aerial link (e.g,, see at least 0009 –“selecting a set of UEs from the plurality of UEs to use an augmented terrestrial network through one or more drone base station cells based at least in part on one or more service requirements of the UE determined from the at least one parameter; and determining a position for at least one drone base station cell in a 3D space with respect to the at least one selected set of UEs, the position based on one or more of: a 2D coverage zone on ground with a maximum number of UEs, a maximum weighted average of a buffer-requirement for each of the selected set of UEs, and an aerial scheduling period with respect to the at least one drone base station cell determined in real time based on a mobility and traffic pattern” see also 0032).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5, 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over VRIND et al. US Patent Pub. No.: 20200260404, hereinafter, ‘VRIND’ in view of LI US Patent Pub. No.: 2023/0262706.
Consider Claims 5, 13 and 18, VRIND teaches the claimed invention except wherein the one or more processors are further configured to: select at least one UE from the plurality of UEs when the training resource information indicates that the computation capability of the at least one UE is greater than a threshold capability.
In analogous art, Li teaches in 0052 – “reporting method for the user equipment assistance information provided by the example of the disclosure, the user equipment carries the own computation capability resource assistance information (such as the computation capacity remaining amount information, the current electric quantity remaining amount, the consumed computation capacity remaining amount of the UE side expected or estimated for accessing of current AI/ML model training, and the electric quantity consumption remaining amount of the UE side expected or estimated for accessing of current AI/ML model training) in the MAC CE or the radio resource control (RRC) signaling, and sends the computation capability resource assistance information to the network device through the control channel carrying the MAC CE or the RRC signaling. When the network device performs AI/ML operation based on the computation capability resource assistance information reported by the UE, an operation adapted to the computation capability resource assistance information reported by the UE can be allocated to the UE, so that the UE can quickly complete the operation based on its own computation capability, and can thus better cooperate with the network device to achieve an AI/ML inference task”
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try wherein the one or more processors are further configured to: select at least one UE from the plurality of UEs when the training resource information indicates that the computation capability of the at least one UE is greater than a threshold capability for the purpose of addressing computational limitations introduced by high intensive computing operations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see cited references on PTO 892.
US 20140177507 A1 teaches There are many existing network integration technologies, such as the integration technology of the WiFi/WiMAX and the 3GPP networks. A technology uses the NAS protocol, wherein the UE first transmits the WLAN capabilities to the service node (SGSN) in GPRS (General Packet Radio Service), the SGSN then forwards it to the WAG, to solve how to transmit the WLAN capabilities of the wireless transmit/receive unit (WTRU) for dual-mode mobile phone GPRS/Wireless LAN (WLAN) or Universal Mobile Telecommunications System (UMTS)/WLAN to the network side.
US 20180220470 - A first method includes transmitting, to a network, an indication of a capability to operate in an uplink aggregation dual connectivity mode or in a fast switching dual connectivity mode; and receiving, from the network, a dual connectivity configuration for the UE based at least in part on the indication of the capability.
EP 1213941 A2 teaches The present invention relates to a method of supporting proper hand-off of a dual-mode mobile terminal based on terminal capability and communication status to guarantee continuous mobility in a mixed communication network where a synchronous and an asynchronous network system coexist
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES TERRELL SHEDRICK whose telephone number is (571)272-8621. The examiner can normally be reached 8A-5P.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson can be reached at 571 272 4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES T SHEDRICK/Primary Examiner, Art Unit 2646
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