Prosecution Insights
Last updated: April 19, 2026
Application No. 18/508,526

SYSTEM AND METHOD OF AUGMENTING TERRESTRIAL COMMUNICATION

Non-Final OA §102§103§112
Filed
Nov 14, 2023
Examiner
FERGUSON, KEITH
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Commcrete Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
95%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
643 granted / 744 resolved
+24.4% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
21 currently pending
Career history
765
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
52.0%
+12.0% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 744 resolved cases

Office Action

§102 §103 §112
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 . Claim Rejections - 35 USC § 112 Claims 5 and 13 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 5 recites the limitation " the first and second switch devices" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: first spot beam. 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. 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)(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, 5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grube et al. (US 6,104,925). The claimed invention reads on Grube et al. as follows: Regarding claims 1 and 7, Grube et al. discloses a communication converter (i.e. system interface) (fig. 2 number 36) which comprise a communication switch (fig. 3 number 64) where a converter 68 converts the satellite formatted transmission into a terrestrial formatted transmission and converter 70 converts the terrestrial formatted transmission into a satellite-formatted transmission (col. 6 lines 14-15 and col. 6 lines 43-45) (fig. 3 numbers 64, 68 and 70) comprising: a RF signal port (i.e. port where a link from system interface (fig. 2 number 36) to terrestrial controller (fig. 2 number 16) for coupling said communication converter to terrestrial RF transceiver (fig. 2 number 24); an antenna port (i.e. port where a link from system interface (fig. 2 number 36) to satellite controller (fig. 2 number 40) for coupling said communication converter to a satellite antenna (satellite controller antenna) (fig. 2 number 40); a terrestrial-to-satellite (T/S) conversion unit (converter) (fig. 3 number 70) configured to receive via said RF signal port terrestrial RF communication signals generated by said terrestrial RF transceiver and convert them into uplink satellite communication signals (col. 6 lines 12-36); a satellite-to-terrestrial (S/T) conversion unit (converter) (fig. 3 number 68) configured to receive via said antenna port downlink satellite communication signals received by said satellite antenna and extract therefrom terrestrial RF communication signals thereby carried (col. 6 lines 37-60); and a detection unit configured to detect at least the reception of the terrestrial RF communication signals (i.e. the activity detector (activity detector) (fig. 3 number 62) detects an active transmission on one of the satellite transmission links 74, or the terrestrial transmission link 76) (col. 6 lines 3-6), and generate based thereon data/signals for setting mode of operation of said communication converter into a T/S mode (i.e. terrestrial-to-satellite mode of operation) or a S/T mode (i.e. satellite-to-terrestrial mode of operation) (i.e. If the active transmission was detected on the terrestrial communication link 76, the controller 60 activates converter 70. Converter 70 converts the terrestrial formatted transmission into a satellite-formatted transmission)(col. 6 lines 12-16 and col. 6 lines 38-44). Regarding claim 5, Grube et al. discloses a control unit (fig. 3 number 60) configured to generate control data/signals to set said communication converter into the T/S or S/T modes of operation (col. 6 lines 3-60). 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. Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grube et al. (US 6,104,925) in view of Robinett (US 2002/0193108). Regarding claims 3 and 4, Grube et al. discloses a communication converter as discussed supra in claim 1 above. Grube et al. differs from claims 3 and 4 of the present invention in that it does not explicit disclose a first switch device for coupling said communication converter to the RF signal port, said first switch device configured to controllably convey to the T/S conversion unit terrestrial RF communication signals received via said RF signal port, or convey to said RF signal port terrestrial RF communication signals extracted by the S/T conversion unit, a second switch device for coupling said communication converter to the antenna port, said second switch device configured to controllably convey to the S/T conversion unit downlink satellite communication signals received via said antenna port, or to convey to said antenna port uplink satellite communication signals generated by the T/S conversion unit. Robinett teaches a multi-mode satellite and terrestrial communication device (abstract and fig. 3a-1) comprising a switch 316 ( first switch) routes the amplified IF signal at the input of the switch to satellite IF path 318. Satellite IF path 318 leads to an input of an IF band pass filter (BPF) 320, which can be a Surface Acoustic Wave (SAW) filter. BPF 320 band pass filters an IF signal routed to the BPF by routing mechanism 316. BPF 320 provides an amplified, filtered IF signal to a mixer 322. Mixer 322 frequency up-converts the amplified, filtered IF signal to an RF transmit signal 324 based on a first local oscillator (LO) reference signal 326 provided to mixer 322. RF transmit signal 324 has a frequency corresponding to a satellite communication frequency transmit (WCD to satellite) band (fig. 3a-1 number 316 and P:0064). IF switch 316 routes the amplified IF signal produced by amplifier 314 to terrestrial transmit IF path 319, and thus, to a mixer 334. Similar to mixer 322, mixer 334 frequency up-converts the transmit IF signal to an RF transmit signal 336 based on LO reference signal 326 provided to the mixer. RF transmit signal 336 has a frequency corresponding to a terrestrial communication frequency transmit (WCD to base station) band (P:0067) and a Routing mechanism 370 can be an IF switch (2nd switch) to selectively route either the IF signal in path 368, or an IF signal in path 372, to a common output received IF path 374 coupled to an output of the switch. When satellite receive communication is desired, switch 370 routes the IF signal in path 368 to common output path 374, and thus, to a common IF BPF 376. BPF 376 can be a SAW filter. IF BPF 376 has a frequency bandwidth compatible with the frequency bandwidth of the satellite signal (fig. 3a-1 number 370 and P:0070-P:0074). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Robinett into Grube et al. communication switch of a first switch device for coupling said communication converter to the RF signal port, said first switch device configured to controllably convey to the T/S conversion unit terrestrial RF communication signals received via said RF signal port, or convey to said RF signal port terrestrial RF communication signals extracted by the S/T conversion unit, a second switch device for coupling said communication converter to the antenna port, said second switch device configured to controllably convey to the S/T conversion unit downlink satellite communication signals received via said antenna port, or to convey to said antenna port uplink satellite communication signals generated by the T/S conversion unit in order for the system interface to include a first switch to convert satellite data from a satellite to terrestrial communication and a second switch to covert terrestrial communication to satellite data when communicating with terrestrial subscribers and satellite subscribers in a group communication session, as taught by Robinett. 9. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grube et al. (US 6,104,925) in view of Blasser et al. (WO 99/21276) (IDS). Regarding claim 6, Grube et al. discloses a communication converter as discussed supra in claim 1 above. Grube et al. differs from claim 6 of the present invention in that it does not explicit disclose one or more memories for at least one of the following: storing predefined conversion and extraction frequencies, storing a plurality of frequency pairs of predefined conversion and extraction frequencies for selection of one of said plurality of frequency pairs for based at least in part on a geographical location of the terrestrial RF transceiver to which said communication converter is coupled. Blasser et al. teaches a frequency look up table database (page 8, lines 27 through page 9 line 12 ), storing parameters base upon historical frequency channel loop equation, channel desirability weighting based on availability, probability weighting base on availability and total list of channel across all desired frequency plans (i.e. frequency pairs) (page 9 lines 1-5), and the frequency plan or type of mobile communication network will support land-based and satellite base systems (i.e. predefined conversion and extraction frequencies) (page 8 lines 21 through page 9 line 12). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Grube et al. with one or more memories for at least one of the following: storing predefined conversion and extraction frequencies, storing a plurality of frequency pairs of predefined conversion and extraction frequencies for selection of one of said plurality of frequency pairs for based at least in part on a geographical location of the terrestrial RF transceiver to which said communication converter is coupled in order for the system interface to look up the best frequency to convert satellite data from a satellite network to terrestrial communication network and covert terrestrial communication data to a satellite network when communicating with terrestrial subscribers and satellite subscribers in a group communication session within different networks, as taught by Blasser et al.. 10. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grube et al. (US 6,104,925) in view of Schneider (DE 202004005151). Regarding claim 8, Grube et al. discloses a communication converter as discussed supra in claims 1 and 7 above. Grube et al. differs from claim 8 of the present invention in that it does not explicit disclose an extension pole configured to connect between the satellite antenna and the antenna port of the communication converter so as to elevate said satellite antenna a predefined distance from said communication converter. Schneider teaches the telescopic rod 10 set to approximately the length that corresponds to the distance between the two components. Then the two telescopic tubes 12 . 14 by means of the screw 18 fixed to each other. Then turn the telescopic rod accordingly 10 when holding the mounting feet 28 achieved the mounting feet 28 so far from the telescopic rod 10 emerge that the rubber surfaces 30 the mounting feet 28 be firmly pressed against the corresponding parts of the building (fig. 1 and page 2, 4th paragraph). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Schneider of an extension pole configured to connect between the satellite antenna and the antenna port of the communication converter so as to elevate said satellite antenna a predefined distance from said communication converter in order for the system interface to extend or raise a satellite pole antenna in case there is an obstruction that blocks receiving and transmitting signals from the satellite between the satellite system and the terrestrial system in a group communication request from a subscriber, as taught by Schneider. 11. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grube et al. (US 6,104,925) in view of Qi et al. (US 8,988,291). Regarding claim 9, Grube et al. discloses a communication converter as discussed supra in claims 1 and 7 above. Grube et al. differs from claim 9 of the present invention in that it does not explicit disclose the satellite antenna is a type of printed circuit planar passive antenna. Qi et al. teaches a planar satellite positioning antenna carried by said portable housing and comprising at least one electrically conductive trace lying in a plane on said PCB defining an active element connected to said satellite positioning signal receiver, and at least one other electrically conductive trace lying in the plane on said PCB defining a passive element connected to a voltage reference and positioned in laterally spaced apart relation in the plane along said PCB from said active element and operatively coupled thereto for directing a beam pattern thereof, at least one of said active and passive elements (claim 1, col. 8 lines 46-53). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Qi et al. of the satellite antenna is a type of printed circuit planar passive antenna in order the system interface satellite antenna to efficiently transmit and receive signals in satellite communication while allowing the possibility of active circuitry being fabricated on a single circuit board to be used in a group communication session between subscribers in the terrestrial system and satellite system, as taught by Qi et al.. 12. Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grube et al. (US 6,104,925) in view of GODWIN (US 8,705,435). Regarding claims 10-12, Grube et al. discloses a communication converter as discussed supra in claims 1 and 7 above. Grube et al. differs from claims 10-12 of the present invention in that it does not explicit disclose at least one satellite transponder and two or more communication devices for relaying terrestrial RF communication therebetween over said at least one satellite transponder, the at least one satellite transponder is mounted on at least one geostationary satellite, wherein the at least two communication devices are associated with a same spot beam of said at least one satellite transponder. GODWIN teaches one satellite transponder (fig. 1number 12) and two or more communication devices (up converter and transmitter) (fig. 1 site A and site B and number 14) for relaying a composite signal A+B therebetween over said at least one satellite transponder (fig. 1 and col. 3 lines 50-61), the one satellite transponder is mounted on the geostationary satellite (fig. 1 number 12), wherein the at least two communication devices are associated with a same spot beam (A+B) of said at least one satellite transponder (fig. 1 and col. 3 lines 50-61). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Grube et al. with at least one satellite transponder and two or more communication devices for relaying terrestrial RF communication therebetween over said at least one satellite transponder, the at least one satellite transponder is mounted on at least one geostationary satellite, wherein the at least two communication devices are associated with a same spot beam of said at least one satellite transponder in order for the satellite to receive a radio signal from a subscribers in the terrestrial communication system and automatically transmit or relay a signal to multiple subscribers in the terrestrial communication system when a group communication session request is made by one of the subscribers, as taught by GODWIN. Allowable Subject Matter 13. Claim 2 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. 14. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 2, the prior art of record fails to teach or suggest alone or in combination one or more signal generators configured to generate local oscillator signals for the conversion of the terrestrial RF communication signals into the uplink satellite communication signals, and for the extraction of the terrestrial RF communication signals from the downlink satellite communication signals, and wherein terrestrial-to-satellite (T/S) conversion unit configured to modulate a local oscillator signal generated by the one or more signal generators with the terrestrial RF communication signals received by said communication converter via the RF signal port, and wherein the satellite-to terrestrial (S/T) conversion unit configured to use a local oscillator signal generated by the one or more signal generators to extract the terrestrial RF communication signals from the downlink satellite communication signals received by said communication converter. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH FERGUSON whose telephone number is (571)272-7865. The examiner can normally be reached M-F 7 am -3 pm. 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, Wesley L Kim can be reached at (571) 272-7867. 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. /KEITH FERGUSON/Primary Examiner, Art Unit 2648
Read full office action

Prosecution Timeline

Nov 14, 2023
Application Filed
Feb 06, 2026
Non-Final Rejection — §102, §103, §112 (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

1-2
Expected OA Rounds
86%
Grant Probability
95%
With Interview (+9.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 744 resolved cases by this examiner. Grant probability derived from career allow rate.

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