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 .
Response to Amendment
This Action is in response to Applicant’s amendment filed on 02/26/2026. Claims 30-51 are still pending in the present application. This Action is made FINAL.
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:
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 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.
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.
Claims 30-51 are rejected under 35 U.S.C. 103 as being un-patentable over Han US Patent Application No.:( US 2022/0287026 A1) hereinafter referred as Han, in view of Xu et al US Patent Application No.:( US 2021/0377837 A1) hereinafter referred as Xu.
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For claim 30, Han teaches a method, in a user equipment (UE) in a UE-equipped unmanned aerial vehicle (UAV), the method comprising:
determining that flight information for UAVs in the vicinity of the UE-equipped UAV is needed (paragraph [0007] , lines 2-7 discloses the information of the UAV served by the mobile network) and (paragraph [0008] , lines 2-3 disclosing the flight path plan ); and
sending, to a wireless communication system, a request for flight information, in response to said determining (paragraph [0008] , lines 3 -4 disclosing the transmission of the flight plan information of the UAV to the first set of candidate secondary node ). However, Han disclose all the subject matter of the claimed invention with the exemption of the UAVs as recited in claim 30.
Xu from the same or analogous art teaches the UAVs (Paragraph [0322], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the UAVs as taught by Xu into the method and apparatus for adding secondary node for UAV of Han.
The UAVs can be modify/implemented by combining the UAVs with the device. This process is implemented as a hardware solution or as firmware solutions of Xu into the method and apparatus for adding secondary node for UAV of Han. As disclosed in Xu, the motivation for the combination would be to use the multiple UAVs informing the position and flight information becoming the method/device more efficient and reliable for a better communication.
For claim 31, Han teaches the method, wherein said determining is based on one or more of any of: the flight path of the UE-equipped UAV has changed (paragraph [0045] , lines 3 -4) ,(paragraph [0054] , lines 1-3) (paragraph [0071], lines 1-5) and (paragraph [0090], lines 4-11); a configured timer has expired (paragraph [0055] , lines 10-19); a discovery signal sent by a neighbor drone is received (paragraph [0062] , lines 1-8); the UE has been handed over; interference measured by the UE has gone above a configured threshold; and a channel quality measured by the UE has gone below a configured threshold (paragraph [0063] , lines 17-21) and (paragraph [0062] , lines 13-20).
For claim 32, Han teaches the request is sent towards an Access and Mobility Management Function (AMF) (paragraph [0048] , lines 8-11). However, Han disclose all the subject matter of the claimed invention with the exemption of the using non-access stratum (NAS) signaling as recited in claim 32.
Xu from the same or analogous art teaches the using non-access stratum (NAS) signaling (paragraph [0218] , lines 1-4). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the using non-access stratum (NAS) signaling as taught by Xu into the method and apparatus for adding secondary node for UAV of Han.
The using non-access stratum (NAS) signaling can be modify/implemented by combining the using non-access stratum (NAS) signaling with the device. This process is implemented as a hardware solution or as firmware solutions of Xu into the method and apparatus for adding secondary node for UAV of Han. As disclosed in Han, the motivation for the combination would be to use the enabling security and facilitates the control plane functions becoming more efficient and reliable for a better communication.
For claim 33, Han teaches the method, further comprising: receiving, in response to the request, flight information for UAVs in the vicinity of the UE-equipped UAV (paragraph [0008]-[0009], lines 1-5) and (paragraph [0052], lines 6-14).
For claim 34, Han teaches the method, further comprising: sending, to the wireless communications network, flight path information for the UE- equipped UAV (paragraph [0049], lines 4-15).
For claim 35, Han teaches the method, wherein sending flight path information for the UE-equipped UAV is triggered by one or more of any of: the flight path of the UE-equipped UAV has changed (paragraph [0045] , lines 3 -4) ,(paragraph [0054] , lines 1-3) (paragraph [0071], lines 1-5) and (paragraph [0090], lines 4-11); a configured timer has expired (paragraph [0055] , lines 10-19); a discovery signal sent by a neighbor drone is received (paragraph [0062] , lines 1-8); the UE has been handed over; a request from the wireless communications network; interference measured by the UE has gone above a configured threshold; and a channel quality measured by the UE has gone below a configured threshold (paragraph [0063] , lines 17-21) and (paragraph [0062] , lines 13-20).
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For claim 36, Han teaches a method, in a network node of a wireless communication system, the method comprising:
determining that flight information for unmanned aerial vehicles (UAVs) in the vicinity of a UE-equipped UAV is needed (paragraph [0007] , lines 2-7 discloses the information of the UAV served by the mobile network) and (paragraph [0008] , lines 2-3 disclosing the flight path plan ); and
sending, towards a node external to the wireless communication system, a request for flight information, in response to said determining (paragraph [0008] , lines 3 -4 disclosing the transmission of the flight plan information of the UAV to the first set of candidate secondary node ). However, Han disclose all the subject matter of the claimed invention with the exemption of the UAVs as recited in claim 36.
Xu from the same or analogous art teaches the UAVs (Paragraph [0322], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the UAVs as taught by Xu into the method and apparatus for adding secondary node for UAV of Han.
The UAVs can be modify/implemented by combining the UAVs with the device. This process is implemented as a hardware solution or as firmware solutions of Xu into the method and apparatus for adding secondary node for UAV of Han. As disclosed in Xu, the motivation for the combination would be to use the multiple UAVs informing the position and flight information becoming the method/device more efficient and reliable for a better communication.
For claim 37, Han teaches the method, wherein the network node is a base station serving the UE- equipped UAV, and wherein the request is sent to an Access and Mobility Management Function (AMF) in the wireless communication system (paragraph [0048] , lines 8-11).
For claim 38, Han teaches the method, wherein determining that the flight information is needed is based on information reported to the base station by the UE-equipped UAV (paragraph [0049], lines 4-15).
For claim 39, Han teaches the method, 39. (New) The method of claim 38, wherein the information reported to the base station by the UE-equipped UAV comprises any one or more of any of: position information for the UE-equipped UAV (paragraph [0051] , lines 1-5 ); measurement information (paragraph [0062] , lines 1-8 ); and flight path information for the UE-equipped UAV (paragraph [0054] , lines 1-3 ).
For claim 40, Han teaches the method, wherein the network node is an Access and Mobility Management Function (AMF) in the wireless communication system, wherein said determining that flight information is needed comprises receiving a request for said flight information from a base station serving the UE-equipped UAV (paragraph [0049] , lines 10-15), and wherein the method comprises sending the request for flight information to a network interworking function, for forwarding to the node external to the wireless communication system (paragraphs [0008], lines 1-4 ), (paragraph [0033], lines 1-7) and (paragraph [0048] , lines 1-11 ).
For claim 41, Han teaches the method, wherein the network node is an Access and Mobility Management Function (AMF) in the wireless communication system, wherein said determining that flight information is needed comprises receiving a request for said flight information from a base station serving the UE-equipped UAV (paragraph [0049] , lines 10-15), and wherein the method comprises sending flight information already possessed by the network node to the base station, in response to the request (paragraphs [0039], lines 1-5 ) and (paragraphs [0045], lines 1-10).
For claim 42, Han teaches the method, wherein the network node is a network interworking function in the wireless communication system, wherein said determining that flight information is needed comprises receiving a request for said flight information from an Access and Mobility Management Function (AMF) in the wireless communication system (paragraph [0049] , lines 10-15), and wherein the method comprises sending the request for flight information to the node external to the wireless communication system (paragraphs [0032]-[0035], lines 1-4).
For claim 43, Han teaches the method, wherein the method further comprises receiving, in response to the request, flight information for UAVs in the vicinity of the UE-equipped UAV (paragraph [0008]-[0009], lines 1-5) and (paragraph [0052], lines 6-14).
For claim 44, Han teaches the method, wherein the network node is a base station serving the UE- equipped UAV, and wherein the flight information is received from an Access and Mobility Management Function (AMF) in the wireless communication system (paragraph [0048], lines 8-11).
For claim 45, Han teaches the method, wherein the method comprises sending a change in configuration to the UE-equipped UAV, based on the flight information (paragraph [0045] , lines 3 -4) ,(paragraph [0054] , lines 1-3) (paragraph [0071], lines 1-5) and (paragraph [0090], lines 4-11).
For claim 46, Han teaches the method, wherein the change in configuration indicates a change in transmission or reception of detection and avoidance messages by the UE-equipped UAV (paragraph [0030]-[0031], lines 1-3).
For claim 47, Han teaches the method of claim 43, wherein the network node is an Access and Mobility Management Function (AMF) in the wireless communication system (paragraph [0049] , lines 10-15), wherein the flight information is received from a network interworking function, and wherein the method further comprises forwarding the flight information to a base station serving the UE-equipped UAV (paragraphs [0032]-[0035], lines 1-4).
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For claim 48, Han teaches a user equipment (UE) for use in a UE-equipped unmanned aerial vehicle (UAV), and for communication with one or more network nodes and/or other UEs, the UE comprising radio circuitry and processing circuitry configured to:
determine that flight information for UAVs in the vicinity of the UE-equipped UAV is needed (paragraph [0007] , lines 2-7 discloses the information of the UAV served by the mobile network) and (paragraph [0008] , lines 2-3 disclosing the flight path plan ); and
send, to a wireless communication system, a request for flight information, in response to said determining (paragraph [0008] , lines 3 -4 disclosing the transmission of the flight plan information of the UAV to the first set of candidate secondary node ). However, Han disclose all the subject matter of the claimed invention with the exemption of the UAVs as recited in claim 48.
Xu from the same or analogous art teaches the UAVs (Paragraph [0322], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the UAVs as taught by Xu into the method and apparatus for adding secondary node for UAV of Han.
The UAVs can be modify/implemented by combining the UAVs with the device. This process is implemented as a hardware solution or as firmware solutions of Xu into the method and apparatus for adding secondary node for UAV of Han. As disclosed in Xu, the motivation for the combination would be to use the multiple UAVs informing the position and flight information becoming the method/device more efficient and reliable for a better communication.
For claim 49, Han teaches the UE, wherein said determining is based on one or more of any of: the flight path of the UE-equipped UAV has changed (paragraph [0045] , lines 3 -4) ,(paragraph [0054] , lines 1-3) (paragraph [0071], lines 1-5) and (paragraph [0090], lines 4-11); a configured timer has expired (paragraph [0055] , lines 10-19); a discovery signal sent by a neighbor drone is received (paragraph [0062] , lines 1-8); the UE has been handed over; interference measured by the UE has gone above a configured threshold; and a channel quality measured by the UE has gone below a configured threshold (paragraph [0063] , lines 17-21) and (paragraph [0062] , lines 13-20).
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For claim 50, Han teaches a network node for communication with one or more nodes and/or user equipments, UEs, the network node comprising communication interface circuitry (receiver 54/transmitter 56 – figure 5) and processing circuitry (processor 58 – figure 5) configured to:
determine that flight information for unmanned aerial vehicles, UAVs, in the vicinity of a UE-equipped UAV is needed (paragraph [0007] , lines 2-7 discloses the information of the UAV served by the mobile network) and (paragraph [0008] , lines 2-3 disclosing the flight path plan ); and
send, towards a node external to the wireless communication system, a request for flight information, in response to said determining (paragraph [0008] , lines 3 -4 disclosing the transmission of the flight plan information of the UAV to the first set of candidate secondary node ). However, Han disclose all the subject matter of the claimed invention with the exemption of the UAVs as recited in claim 50.
Xu from the same or analogous art teaches the UAVs (Paragraph [0322], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the UAVs as taught by Xu into the method and apparatus for adding secondary node for UAV of Han.
The UAVs can be modify/implemented by combining the UAVs with the device. This process is implemented as a hardware solution or as firmware solutions of Xu into the method and apparatus for adding secondary node for UAV of Han. As disclosed in Xu, the motivation for the combination would be to use the multiple UAVs informing the position and flight information becoming the method/device more efficient and reliable for a better communication.
For claim 51, Han teaches the network node, wherein the network node is a base station serving the UE-equipped UAV, and wherein the communication interface circuitry and processing circuitry are configured to send the request to an Access and Mobility Management Function (AMF) in the wireless communication system (paragraph [0048], lines 8-11).
Response to Arguments
Applicant's arguments filed on 02/26/2026, with respect to claims 30-52 have been fully considered but they are not persuasive.
Examiner’s Notes
The Applicant states that “a UE in a UAV determines.” Claim 30 states that “in a user equipment (UE) in a UE-equipped unmanned aerial vehicle (UAV). However, it is respectfully submitted that the two statements do not mean the same thing. Applicant’s language hints that there are two devices, but the claim language means that the UAV in itself is a UE (UE drone).
Further, a review of the instant application did not yield any clarification of the concept of a UE in a UAV. Applicant’s comments are respectfully requested as to whether the claim language means that UE812 is placed within the UAV, or the UAV is the UE in itself.
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
The Applicant does not provide any clarity or definition regarding a function difference between a UE and a UE-equipped UAV. In other words, an issue arises as to whether the claim means that a user equipment type (e.g. phone, laptop, tablet, etc.) is placed within a UAV, or the UAV in itself is a user equipment. For example, figure 4 of the instant application shows a drone UE, in which case, the drone 104 shown in Han performs a similar function, and thus reads on the claims. Further, figure 8 of the instant application shows UEs 812 that are not UAVs. In order for the best chance of allowance, it is recommended that the Applicant clarifies the difference between the claim element of a UAV and the claim element of a UE if the Applicant seeks to claim two different devices.
Applicant’s attention is respectfully drawn to the discrepancy between the claim language and the argued features. The Applicant states that “[t]hus Thus, a UE in a UAV determines that it needs flight information for UAVs in its vicinity, i.e., for other UAVs [emphasis added].” However, the claims are not similarly worded. Exemplary claim 30 states a “method, in a user equipment (UE) in a UE-equipped unmanned aerial vehicle (UAV). There is no mention in the claims that other UAVs flight information is needed.
Regarding the limitations of “determining that flight information for UAVs in the vicinity of the UE-equipped UAV is needed;” the vicinity of the UE-equipped UAV is read as cell 110. Therefore, the flight information is read as the flight information of UAV 104 itself.
Further, paragraph 49 of Han et al specifically shows that the UAV reports its flight path. Specifically, paragraph 49 states that “the UAV may also report its flight path plan information to the MN. Accordingly, the MN may also receive flight path plan information of the UAV, which may indicate the flight path plan for specific time or time range of the UAV.”
Regarding the limitations of claims 31, 35 and 49, paragraph 76 of Han et al further states that “in the case that the air beam preparation request indicates that the candidate SN should determine whether to prepare the air beam for the UAV, the candidate SN can determine whether to prepare the air beam for the UAV at least based on the location information of the UAV. For example, the candidate SN may determine whether to prepare the air beam based on the location information of the UAV, the flight path plan information of the UAV (if necessary), and the location of the candidate SN itself. For example, in the case that the candidate SN is near the UAV or is on the planned flight path of the UAV, the candidate SN may determine to prepare the air beam for the UAV. Otherwise, the candidate SN may determine not to prepare the air beam for the UAV.”
Regarding the limitations of claims 32, 40, and 42 Han et al shows that the CN may at least include one or more of: serving gateway (S-GW), mobility management entity (MME), access and mobility management Function (AMF), and user plane function (UPF) (see paragraph 48). Further, Xu et al shows that an N2 interface is a reference point between the RAN network element and the AMF network element, and is configured to send a non-access stratum (NAS) message, and the like. An N3 interface is a reference point between the RAN network element and the UPF network element, and is configured to transmit user plane data (see paragraph 218).
The prior art should be considered as a whole. See also MPEP § 2141.02 [R-5] Paragraph VI. Claims must be given the broadest reasonable interpretation during examination and limitations appearing in the specification but not recited in the claim are not read into the claim (See M.P.E.P. 2111 [R-l]).
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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/JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
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