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 . 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.
Election/Restrictions
Claims 10-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/25/2026. The requirement for restriction is withdrawn in part, claims 15-20 are rejoined however the restriction of claims 10-14 still stands.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6,8,9,15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Haustein Thomas et al, US 20230189382 A1.
Regarding claim 1, Haustein teaches:
A method for light detection and ranging (LIDAR) based network optimization, the method comprising: monitoring at least one antenna signal quality metric of an access point antenna, ([0220] monitoring antenna parameters); based on the monitoring, determining that an obstruction is in a path of the access point antenna ([289] monitor a link to an access point, [0319] monitoring for source of interference);
measuring, using LIDAR, a distance from the access point antenna to the obstruction ([0887] measuring a location related parameter such a distance, [0890] lidar parameter for measuring); and adjusting at least one antenna operating parameter of the access point antenna based on the distance from the access point antenna to the obstruction ([0204] adjustment of the antenna parameter based on the measurement of relevant parameters).
Regarding claim 2, Haustein teaches:
The method of claim 1, wherein the at least one antenna signal quality metric is at least one of: transmit power, signal to interference and noise ratio (SINR), signal strength, and signal to noise ratio ([0113] signal quality metric of signal power, signal-to-interference-to-noise)
Regarding claim 3, Haustein teaches:
The method of claim 1, wherein the at least one antenna operating parameter is at least one of: an azimuth setting, a tilt angle, and an antenna power setting ([0113] antenna operating parameters include, angle of departure, angle of arrival, and antenna power)
Regarding claim 4, Haustein teaches:
The method of claim 1, further comprising repeating the LIDAR measuring on a periodic basis ([0445] measurement and reporting on a periodic basis)
Regarding claim 5, Haustein teaches:
The method of claim 4, wherein the periodic basis is a predetermined interval of time ([0445] periodic measurement and evaluation based on associated timer).
Regarding claim 6, Haustein teaches:
The method of claim 4, wherein the periodic basis is based on degradation of the access point antenna signal quality metric below a predetermined threshold ([0133] measurement and reporting after a link has degraded below a threshold)
Regarding claim 8, Haustein teaches:
The method of claim 6, wherein the degradation of the access point antenna signal quality metric is caused by a new obstruction ([0077] Link degrading event could be caused by new obstructions).
Regarding claim 9, Haustein teaches:
The method of claim 1, wherein the obstruction is at least one of: a building, a billboard, a tower, or natural growth ([0381] WO 2022029196 A1, obstructions are structures such as buildings, vehicles or persons)
Regarding claim 15, Haustein teaches:
A non-transitory computer storage media storing computer-usable instructions that, when used by one or more processors, cause the processor to: monitor at least one antenna operating signal quality metric of an access point antenna ([0220] monitoring antenna parameters); based on the monitor, determine that an obstruction is in a path of the access point antenna ([289] monitor a link to an access point, [0319] monitoring for source of interference);
measure, using light detection and ranging (LIDAR), a distance from the access point antenna to the obstruction ([0887] measuring a location related parameter such a distance, [0890] lidar parameter for measuring); and adjust at least one antenna operating parameter of the access point antenna based on the distance from the access point antenna to the obstruction ([0204] adjustment of the antenna parameter based on the measurement of relevant parameters).
Regarding claim 16, Haustein teaches:
The non-transitory computer storage media of claim 15, wherein the at least one antenna signal quality metric is at least one of: transmit power, signal to interference and noise ratio (SINR), signal strength, and signal to noise ratio ([0113] signal quality metric of signal power, signal-to-interference-to-noise).
Regarding claim 17, Haustein teaches:
The non-transitory computer storage media of claim 15, wherein the at least one antenna operating parameter is at least one of: an azimuth setting, a tilt angle, and an antenna power setting ([0113] antenna operating parameters include, angle of departure angle of arrival, and antenna power).
Regarding claim 18, Haustein teaches:
The non-transitory computer storage media of claim 15, further comprising repeat the LDIAR measurement on a periodic basis ([0445] measurement and reporting on a periodic basis).
Regarding claim 19, Haustein teaches:
The non-transitory computer storage media of claim 18, wherein the periodic basis is a predetermined interval of time ([0445] WO 2022029196 A1, periodic measurement and evaluation based on associated timer).
Regarding claim 20, Haustein teaches:
The non-transitory computer storage media of claim 18, wherein the periodic basis is based on degradation of the access point antenna signal below a predetermined threshold ([0133] measurement and reporting after a link has degraded below a threshold).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haustein Thomas et al, US 20230189382 A1 as applied to claim 4 above, and in view of US 20180201231 A1, TANI; Yasushi.
Regarding claim 7, Haustein teaches:
The method of claim 4
Haustein does not teach,
The method of claim 4, wherein the periodic basis is based on a change in height of the obstruction over time.
However Tani teaches:
The method of claim 4, wherein the periodic basis is based on a change in height of the obstruction over time ([0071] scanning repeated based on a change in size of an object)
It would have been obvious to a person having ordinary skill in the art to modify the method of Haustein to adjust the lidar periodic basis based on changes in the size of a detected object over time similar to the device of Tani, This would have the predicable result of allowing the lidar device to react quicker and more accurately to changes in the environment around it as the changes occur over time. Haustein opens the door to setting a periodic basis for the lidar but does not specify the variable upon which the periodic basis is set, Tani fills in the gaps.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN CESARE TRIDICO whose telephone number is (571)270-1048. The examiner can normally be reached Monday-Thursday: 6:00-3:00, Friday: 8:00-12:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached at (571) 272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN CESARE TRIDICO/Examiner, Art Unit 3645
/ISAM A ALSOMIRI/Supervisory Patent Examiner, Art Unit 3645
Prosecution Insights