DETAILED ACTION
Response to Arguments
1. Applicant's arguments filed 12 August 2026 have been fully considered but they are not persuasive.
Applicant asserts, on page 8 of Remarks, that “There is no explanation in Karabinis as to what "receive even and odd frames approximately equispaced in time" actually means. The term "equispaced in time" appears only once in the reference. The Office Action offers no definition or explanation of the term, and it is not readily apparent that there is a particular definition of the term. Moreover, "time alignment units" 181a and 181b are only mentioned in this single instance. Fig. 10A, which illustrates blocks 181a and 181b, refers to 181a as "Frame Time Alignment for Satellite A", and to 181b as "Frame Time Alignment for Satellite B". It is not apparent how the two blocks, which operate on different satellites, somehow perform time alignment so that even and odd frames from different satellites are "approximately equispaced in time" - or even what that means. Moreover, there is no discussion in Karabinis regarding a variable delay, and therefore no teaching of a device that is "configured to apply a variable delay based on the path delay" in the manner claimed. Therefore, as best understood, the cited portion of Karabinis is not relevant to, and does not disclose, the above-identified feature as claimed. The lack of any explanation of the purported teaching cited in the Office Action fails to support a prima facie case for anticipation. Based on the above comments, the reference fails to teach all the limitations of claim 1; therefore, the rejection of claim 1 should be withdrawn. Claim 14 contains similar limitations and was rejected under similar rationale; and is therefore patentable for at least the reasons discussed above.”
On the contrary, the context of column 21 lines 9-14 is the embodiment of Fig. 10. Karabinis states, in column 20 line 66 to column 21 line 4: “More details of a ground station suitable for exploiting two-satellite diversity are shown in FIG. 10. Even data bursts are collected from 32 channel units 200 and multiplexed for transmission on to the same TDMA carrier frequency using a multiplexer 180a. Odd data bursts are similarly collected using a multiplexer 180b.” [emphasis added]. Karabinis explains the nature and purpose of these even and odd TDMA frames in column 5 lines 18-39: “FIG. 2 illustrates the TDMA transmission format employed in GSM at both 900 MHz and 1800 MHz bands. A superframe comprises 4x26 TDMA frames. In every 26 successive TDMA frames, the first 12 carry traffic information. Frame 13 is idle and can be used by a mobile terminal to read identification data from nearby base stations. Frames 14-25 carry traffic information, and frame 26 carries one fourth of a Slow Associated Control Channel message (SACCH). Four such blocks of 26 frames are required to complete delivery of one SACCH message, while each group of 26 frames delivers traffic data representing six, 20 mS speech vocoder data blocks. Each 20 mS block of coded data representing a segment of the speech waveform is spread over eight consecutive TDMA frames in a process known as block-diagonal interleaving. Each 8-frame interleaved block is half-overlapped and merged with 4 frames of each of the adjacent speech blocks in order to fill each timeslot with bits that have come half from one speech frame and half from another. Each TDMA frame is then transmitted on a different frequency using frequency hopping to obtain the benefit known as interference averaging or interferer diversity.” [emphasis added]. Clearly, a mobile unit is supposed to receive a succession of these even and odd frames that are multiplexed together, in order to render speech to the user of said mobile unit. Given this context, column 21 lines 9-14 indicates the use of a “variable delay”, to account for the various transmission paths between the ground station and a mobile unit, in order to achieve “a substantially constant path delay” that results in the delay between the reception of an even frame and the reception of the next odd frame being approximately equal to the delay between the reception of said next odd frame and the reception of the next even frame, and so on for successive pairs of frames, in order to accurately reconstruct the speech waveform. Therefore, Karabinis discloses the claim 1 limitation “a station configured to transmit or receive one or more signals having path delay to or from a satellite or satellite formation or to or from a user end device, said the station configured to apply a variable delay based on the path delay of the one or more signals to provide a substantially constant path delay for the one or more signals” [emphasis added].
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claims 1-3, 10-16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karabinis et al., U.S. Patent No. 6,975,582 (hereinafter Karabinis).
Regarding claim 1, Karabinis discloses a system (disclosed are a ground station and a plurality of satellites that communicate with said ground station, according to column 20 lines 66-67, Fig. 10) comprising:
a station configured to transmit or receive one or more signals having path delay to or from a satellite or satellite formation or to or from a user end device, said the station configured to apply a variable delay based on the path delay of the one or more signals to provide a substantially constant path delay for the one or more signals (the ground station comprises time alignment units that are configured to approximately equalize delays for signals that are transmitted to mobile units via the satellites, according to column 21 lines 9-14).
Regarding claim 14, Karabinis discloses a method (disclosed is a satellite communication method, according to column 20 line 66 to column 21 line 30), comprising:
identifying, by a processing device of a station, a signal path delay between a satellite or satellite formation and a user end device (time alignment units of a ground station identify signal path delays to mobile units via the satellites, according to column 21 lines 9-14);
determining, by the processing device of the station, a variable delay based on the signal path delay (the time alignment units determined adjustments that result in approximately equalize delays, according to column 21 lines 9-14); and
causing the variable delay to be applied to one or more signals between the satellite or satellite formation and the user end device to provide a substantially constant path delay (the time alignment units operate to provide an approximately equalized delay in the signals that are transmitted to the mobile units via the satellites, according to column 21 lines 9-14).
Regarding claim 2, Karabinis discloses the system of claim 1, wherein the station is configured to form a beam with the satellite or satellite formation, wherein the beam is compensated based on satellite ephemeris and beam-center latitude-longitude, for Doppler frequency shift induced by the satellite or satellite formation (the ground station compensates for Doppler shift based on the center of a beam and a satellite’s velocity [“satellite ephemeris”], according to column 21 lines 9-30).
Regarding claim 3, Karabinis discloses the system of claim 1, wherein the station is configured to provide a delayed-transmission communication protocol to account for communication delay between the station and the satellite or satellite formation (the ground station acts to approximately equalize transmission delay to mobile units via the satellites, according to column 21 lines 9-14).
Regarding claim 10, Karabinis discloses the system of claim 2, wherein the system is further configured to apply an inverse Doppler to cancel Doppler effect to provide an equalized near zero Doppler and a variable delay based on a path delay to provide an equalized final constant path delay (both the Doppler shift and the delay are corrected for such that the modulated signal is frequency aligned and time aligned, according to column 21 lines 9-30).
Regarding claim 11, Karabinis discloses the system of claim 2, the station configured to provide a delayed-transmission communication protocol to account for communication delay between the station and the satellite or satellite formation (the delay in the communication path via the satellite is corrected for such that the modulated signal is time aligned, according to column 21 lines 9-30).
Regarding claim 12, Karabinis discloses the system of claim 2, the satellite or satellite formation configured to provide a delayed-transmission communication protocol to account for communication delay between the satellite or satellite formation with at least one of the station or the end user device (the delay in the communication path to a mobile unit via the satellite is corrected for such that the modulated signal is time aligned, according to column 21 lines 9-30).
Regarding claim 13, Karabinis discloses the system of claim 1, wherein the station is a ground station (the station is a ground station, according to column 20 lines 66-67, Fig. 10).
Claim 15 does not differ substantively from claim 2, and is therefore rejected on the same grounds as claim 2.
Claim 16 does not differ substantively from claim 3, and is therefore rejected on the same grounds as claim 3.
Claim 20 does not differ substantively from claim 11, and is therefore rejected on the same grounds as claim 11.
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. 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.
8. Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Karabinis as applied to claims 1 and 14 above, in view of Nawata, U.S. Patent No. 5,465,096 (hereinafter Nawata).
Regarding claim 4, Karabinis discloses all the limitations of claim 1.
Karabinis does not expressly disclose that an overall delay induced by the station at each beam-center is a constant.
Nawata discloses that an overall delay induced by the station at each beam-center is a constant (a delay time settings means delays time for each delay circuit so that delays between an orbiting satellite and spot beam centers are fixed, according to column 3 line 56 to column 4 line 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis with Nawata such that an overall delay induced by the station at each beam-center is a constant.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate frame synchronization (Nawata: Column 3 Lines 8-24).
Claim 17 does not differ substantively from claim 4, and is therefore rejected on the same grounds as claim 4.
9. Claims 5-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Karabinis as applied to claims 1-2 and 14 above, in view of Chapin et al., U.S. Patent Application Publication 2009/0170472 (hereinafter Chapin).
Regarding claim 5, Karabinis discloses all the limitations of claim 1.
Karabinis does not expressly disclose that the system further comprises a plurality of virtual base-stations, and a frequency division multiplexer configured to receive a signal from each of the plurality of virtual base-stations to form a composite signal.
Chapin discloses that the system further comprises a plurality of virtual base-stations, and a frequency division multiplexer configured to receive a signal from each of the plurality of virtual base-stations to form a composite signal (disclosed is a system comprising a plurality of virtual base stations, according to [0083]-[0084], [0087], Fig. 3 [elements 26a, 26b, and 26c], whereby the separate data flows of the respective virtual base stations are multiplexed (whereby each virtual base station communicates with wireless devices using a different corresponding frequency band, according to [0019], [0025], [0029]) and sent via a satellite backhaul that links the virtual base stations to a base station/radio network controller, according to [0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis with Chapin such that the system further comprises a plurality of virtual base-stations, and a frequency division multiplexer configured to receive a signal from each of the plurality of virtual base-stations to form a composite signal.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate cost savings when providing cellular service to rural areas (Chapin: [0034]).
Regarding claim 6, the combination of Karabinis and Chapin discloses all the limitations of claim 5.
Karabinis does not expressly disclose that the system further comprises an up converter configured to receive the composite signal from the frequency division multiplexer and to transmit an up-converted composite signal to the satellite or satellite formation.
Chapin discloses that the system further comprises an up converter configured to receive the composite signal from the frequency division multiplexer and to transmit an up-converted composite signal to the satellite or satellite formation (the system comprises means for upconverting signals, according to [0076], [0092], whereby the virtual base stations use RF frequencies and share a satellite backhaul link, whereby the backhaul link may use microwave frequencies, according to [0086]-[0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis as modified by Chapin with Chapin such that the system further comprises an up converter configured to receive the composite signal from the frequency division multiplexer and to transmit an up-converted composite signal to the satellite or satellite formation.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate cost savings when providing cellular service to rural areas (Chapin: [0034]).
Regarding claim 7, Karabinis discloses all the limitations of claim 2.
Karabinis does not expressly disclose that the system further comprises a plurality of virtual base-stations and a down converter configured to receive a composite signal from the satellite or satellite formation and provide a down-converted signal.
Chapin discloses that the system further comprises a plurality of virtual base-stations and a down converter configured to receive a composite signal from the satellite or satellite formation and provide a down-converted signal (disclosed is a system comprising a plurality of virtual base stations, according to [0083]-[0084], [0087], Fig. 3 [elements 26a, 26b, and 26c], whereby the system comprises means for downconverting signals, according to [0076], [0092], whereby the virtual base stations use RF frequencies and share a satellite backhaul link, whereby the backhaul link may use microwave frequencies, according to [0086]-[0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis with Chapin such that the system further comprises a plurality of virtual base-stations and a down converter configured to receive a composite signal from the satellite or satellite formation and provide a down-converted signal.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate cost savings when providing cellular service to rural areas (Chapin: [0034]).
Regarding claim 8, the combination of Karabinis and Chapin discloses all the limitations of claim 7.
Karabinis does not expressly disclose that the system further comprises a demultiplexer configured to receive the down-converted signal and provide a demultiplexed down-converted signal to each of the plurality of virtual base-stations.
Chapin discloses that the system further comprises a demultiplexer configured to receive the down-converted signal and provide a demultiplexed down-converted signal to each of the plurality of virtual base-stations (separate data flows received by the respective virtual base stations are demultiplexed from a signal received via a satellite backhaul that links the virtual base stations to a base station/radio network controller, according to [0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis as modified by Chapin with Chapin such that the system further comprises a demultiplexer configured to receive the down-converted signal and provide a demultiplexed down-converted signal to each of the plurality of virtual base-stations.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate cost savings when providing cellular service to rural areas (Chapin: [0034]).
Regarding claim 9, Karabinis discloses all the limitations of claim 2.
Karabinis does not expressly disclose that the system further comprises a plurality of virtual base-stations; a frequency division multiplexer/demultiplexer configured to receive a signal from each of the plurality of virtual base-stations to form a station composite signal; and, an up/down converter configured to receive the station composite signal from the frequency division multiplexer and transmit an up-converted composite signal to the satellite or satellite formation, the up/down converter further configured to receive a satellite composite signal from the satellite or satellite formation and provide a down-converted signal, wherein the multiplexer/demultiplexer is further configured to receive the down-converted signal and provide a demultiplexed down-converted signal to each of the plurality of virtual base-stations.
Chapin discloses that the system further comprises a plurality of virtual base-stations (disclosed is a system comprising a plurality of virtual base stations, according to [0083]-[0084], [0087], Fig. 3 [elements 26a, 26b, and 26c]);
a frequency division multiplexer/demultiplexer configured to receive a signal from each of the plurality of virtual base-stations to form a station composite signal (the separate data flows of the respective virtual base stations are multiplexed and demultiplexed (whereby each virtual base station communicates with wireless devices using a different corresponding frequency band, according to [0019], [0025], [0029]) and sent and received via a satellite backhaul that links the virtual base stations to a base station/radio network controller, according to [0088]); and,
an up/down converter configured to receive the station composite signal from the frequency division multiplexer and transmit an up-converted composite signal to the satellite or satellite formation, the up/down converter further configured to receive a satellite composite signal from the satellite or satellite formation and provide a down-converted signal (the system comprises means for upconverting and downconverting signals, according to [0076], [0092], whereby the virtual base stations use RF frequencies and share a satellite backhaul link, whereby the backhaul link may use microwave frequencies, according to [0086]-[0088]),
wherein the multiplexer/demultiplexer is further configured to receive the down-converted signal and provide a demultiplexed down-converted signal to each of the plurality of virtual base-stations (separate data flows received by the respective virtual base stations are demultiplexed from a signal received via a satellite backhaul that links the virtual base stations to a base station/radio network controller, according to [0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis with Chapin such that the system further comprises a plurality of virtual base-stations; a frequency division multiplexer/demultiplexer configured to receive a signal from each of the plurality of virtual base-stations to form a station composite signal; and, an up/down converter configured to receive the station composite signal from the frequency division multiplexer and transmit an up-converted composite signal to the satellite or satellite formation, the up/down converter further configured to receive a satellite composite signal from the satellite or satellite formation and provide a down-converted signal, wherein the multiplexer/demultiplexer is further configured to receive the down-converted signal and provide a demultiplexed down-converted signal to each of the plurality of virtual base-stations.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate cost savings when providing cellular service to rural areas (Chapin: [0034]).
Regarding claim 18, Karabinis discloses all the limitations of claim 14.
Karabinis does not expressly disclose receiving a signal from each of a plurality of virtual base-stations; forming a composite signal with each of the received signals; up-converting the composite signal; and transmitting the up-converted signal to the satellite or satellite formation.
Chapin discloses receiving a signal from each of a plurality of virtual base-stations (signals from a plurality of virtual base stations are received, according to [0088]);
forming a composite signal with each of the received signals (the signals from the virtual base stations are multiplexed together, according to [0088]);
up-converting the composite signal (the system comprises means for upconverting signals, according to [0076], [0092], whereby the virtual base stations use RF frequencies and share a satellite backhaul link, whereby the backhaul link may use microwave frequencies, according to [0086]-[0088]); and
transmitting the up-converted signal to the satellite or satellite formation (the signal from the virtual base stations is transmitted via a satellite backhaul, according to [0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis with Chapin by receiving a signal from each of a plurality of virtual base-stations; forming a composite signal with each of the received signals; up-converting the composite signal; and transmitting the up-converted signal to the satellite or satellite formation.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate cost savings when providing cellular service to rural areas (Chapin: [0034]).
Regarding claim 19, Karabinis discloses all the limitations of claim 14.
Karabinis does not expressly disclose receiving a composite signal from the satellite or satellite formation; down-converting the received composite signal into a down-converted signal; demultiplexing the down-converted signal into a demultiplexed signal; and providing the demultiplexed signal to a plurality of virtual base-stations.
Chapin discloses receiving a composite signal from the satellite or satellite formation (a plurality of virtual base stations receive a signal via a satellite backhaul, according to [0088]);
down-converting the received composite signal into a down-converted signal (the system comprises means for downconverting signals, according to [0076], [0092], whereby the virtual base stations use RF frequencies and share a satellite backhaul link, whereby the backhaul link may use microwave frequencies, according to [0086]-[0088]);
demultiplexing the down-converted signal into a demultiplexed signal (the signals for the virtual base stations are demultiplexed, according to [0088]); and
providing the demultiplexed signal to a plurality of virtual base-stations (the virtual base stations receive their respective signals, according to [0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karabinis with Chapin by receiving a composite signal from the satellite or satellite formation; down-converting the received composite signal into a down-converted signal; demultiplexing the down-converted signal into a demultiplexed signal; and providing the demultiplexed signal to a plurality of virtual base-stations.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate cost savings when providing cellular service to rural areas (Chapin: [0034]).
Conclusion
10. 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 MATTHEW W GENACK whose telephone number is (571)272-7541. The examiner can normally be reached Monday through Friday, 9:00 AM to 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW W GENACK/Primary Examiner, Art Unit 2645
