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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following claim limitations that use the words “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof, as described herein:
in claims 31 and 38-44: “means for receiving”, “means for communicating”, and “means for transmitting” are being interpreted to cover phased array antenna 155 and 155-a, feed element 156, receive antenna element, transmit antenna element, transceiver element, antenna assembly 151 and 151-a, access node terminal 130, user terminal 150, GPS receiver, receive beamforming network 310, transmit beamforming network 360, signal receiver 925, signal transmitter 960, and equivalents thereof (see Figs. 1, 2, 3A-B, and 9; ¶¶0026-0028, ¶0032, ¶0035, ¶0042, ¶¶0051-0054, and ¶¶0109-0131);
in claims 31-37, 39, 44, and 45: “means for determining”, “means for generating”, and “means for scaling” are being interpreted to cover user terminal controller 158, access node controller 135, network device 141, performance mapping component 935, antenna characteristic manager 930, signal quality evaluation component 950, signal quality scaling component 955, and equivalents thereof (see Figs. 1 and 9; ¶0028, ¶0035, and ¶¶0109-0131); and
in claim 38: “means for scheduling” is being interpreted to cover -----access node terminal 130, access node controller 135, network devices 141 (e.g., network operations centers and/or gateway command centers), user terminal 150 or other scheduling entities, communications manager 940, and equivalents thereof (see Figs. 1 and 9; ¶0031, ¶¶0095-0097, and ¶¶0109-0131).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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 1-9, 11-14, 16-24, 26-29, 31-39, and 41-44 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2020/0195340 to Darapu et al. (“Darapu”) in view of U.S. Patent Publication No. 2018/0167102 to Ray.
As to claim 16 (and similarly applied to claims 1 and 31), Darapu discloses an apparatus for communications in a satellite communication system (Figs. 1 and 9, satellite terminal 150 and 150-a; ¶0022 and ¶0100), the apparatus comprising: an array antenna (Figs. 1 and 9, satellite terminal communications antenna 152 and 152-b; ¶0024 and ¶¶0101-0102; see also claims 1 and 2); and a controller coupled with the array antenna (Figs. 1 and 9, satellite terminal receiver 154 and 154-a, processor 905, satellite communications manager 930, and/or CPE communications manager 925; ¶0030 and ¶0107) and configured to: receive a plurality of signals using the array antenna according to a plurality of beamformed beam orientations of the array antenna; determine a plurality of directional antenna characteristics of the array antenna associated with the plurality of beamformed beam orientations; generate a communications performance map based at least in part on the received plurality of signals and the determined plurality of directional antenna characteristics of the array antenna (Figs. 1, 3-5, and 8, step 805; ¶¶0083-0090; ¶0024; and ¶0037); and communicate with a satellite using the array antenna based at least in part on the generated communications performance map (Figs. 1 and 8, steps 825-830; ¶0098).
Darapu does not disclose: that the array antenna is a phased array antenna.
However, Ray discloses: that the array antenna is a phased array antenna (Figs. 1-4; phased array transmitter 102, receiving antenna 118 and first receiver 120, phased array RF transmitter 200, phased array RF transmitter 300, and/or phased array receiver 400; ¶0026, ¶0031, ¶0041, ¶0047, and ¶0048).
Darapu and Ray are considered to be similar to the claimed invention because they are in one or more of the same fields of: radio transmission systems, including multi-antenna systems using (e.g., using two or more spaced independent antennas); beam forming; selecting one or more beams from a plurality of beams; transmission in a satellite or space-based system; and/or arrangements for managing radio resources, i.e. for establishing or releasing a connection or handover of resources. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Darapu to incorporate the teachings of Ray to include: that the array antenna is a phased array antenna. Doing so would allow for continuous, faster, and more accurate communications performance by reducing or eliminating gain loss and ripples from repeated steering, sampling, and beam adjustment algorithms (Ray, ¶0003 and ¶0040). Additionally, it would be obvious to combine the teachings of Darapu and Ray as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
As to claim 17 (and similarly applied to claims 2 and 32), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to determine the plurality of directional antenna characteristics of the phased array antenna, the controller is configured to: determine, for each beamformed beam orientation of the plurality, an antenna gain of the phased array antenna associated with electronic beamforming along the beamformed beam orientation (Ray, Figs. 5A-B; ¶0051).
As to claim 18 (and similarly applied to claims 3 and 33), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to determine the plurality of directional antenna characteristics of the phased array antenna, the controller is configured to: determine, for each beamformed beam orientation of the plurality, an antenna noise metric of the phased array antenna associated with electronic beamforming along the beamformed beam orientation (Darapu, ¶0037).
As to claim 19 (and similarly applied to claims 4 and 34), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to determine the plurality of directional antenna characteristics of the phased array antenna, the controller is configured to: determine, for each beamformed beam orientation of the plurality, a beamwidth of the phased array antenna associated with electronic beamforming along the beamformed beam orientation (Darapu, ¶0037).
As to claim 20 (and similarly applied to claims 5 and 35), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to generate the communications performance map, the controller is configured to: determine, for each received signal of the plurality, a respective signal quality metric for the received signal (Darapu, ¶0037); and scale, for each received signal of the plurality, the respective signal quality metric for the received signal based at least in part on the directional antenna characteristic of the phased array antenna associated with the beamformed beam orientation corresponding to the received signal (Darapu, ¶0070).
As to claim 21 (and similarly applied to claims 6 and 36), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to generate the communications performance map, the controller is configured to: determine a blockage map associated with a location of the phased array antenna based at least in part on the received plurality of signals and the determined plurality of directional antenna characteristics of the phased array antenna (Darapu, Figs. 5-6 and 8, step 820; ¶0038 and ¶0095).
As to claim 22 (and similarly applied to claims 7 and 37), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to generate the communications performance map, the controller is configured to: determine a boundary of beamformed beam orientations for communications using the phased array antenna based at least in part on the received plurality of signals and the determined plurality of directional antenna characteristics of the phased array antenna (Darapu, Figs. 3-7, boundary 312 and 312-a; ¶0053, ¶0060, ¶0066, ¶0073, and ¶0080).
As to claim 23 (and similarly applied to claims 8 and 38), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to communicate with the satellite, the controller is configured to: schedule a handoff to the satellite from another satellite based at least in part on the generated communications performance map (Darapu, Fig. 8, step 835; ¶0098).
As to claim 24 (and similarly applied to claims 9 and 39), Darapu in view of Ray discloses the apparatus of claim 16, wherein the controller is further configured to: determine to perform a beam scanning operation based at least in part on a periodic interval or an event trigger; and receive the plurality of signals based at least in part on determining to perform the beam scanning operation (Darapu, Fig. 8, step 805; ¶0090).
As to claim 26 (and similarly applied to claims 11 and 41), Darapu in view of Ray discloses the apparatus of claim 16, wherein, to receive the plurality of signals, the controller is configured to: receive ambient signals not associated with a transmitting device (Darapu, ¶0026, ¶0037, ¶0054, ¶0084, ¶0087; Examiner notes that one of ordinary skill in the art would understand that calculating a signal-to-noise ratio would require reception of ambient signals (i.e., noise) not associated with a transmitting device).
As to claim 27 (and similarly applied to claims 12 and 42), Darapu in view of Ray discloses the apparatus of claim 26, wherein, to receive the ambient signals, the controller is configured to: receive the ambient signals over a frequency not used for the communicating with the satellite (Darapu, ¶0026, ¶0037, ¶0054, ¶0084, ¶0087; Examiner notes that one of ordinary skill in the art would understand that calculating a signal-to-noise ratio would require reception of ambient signals (i.e., noise) over a frequency not used for the communication with the satellite).
As to claim 28 (and similarly applied to claims 13 and 43), Darapu in view of Ray discloses the apparatus of claim 16, wherein the controller is further configured to: transmit the generated communications performance map to a network scheduling entity (Darapu, Fig. 8, step 830; ¶0097); and receive, from the network scheduling entity, an instruction to communicate with the satellite based at least in part on transmitting the generated communications performance map (Darapu, Fig. 8, step 835; ¶0098).
As to claim 29 (and similarly applied to claims 14 and 44), Darapu in view of Ray discloses the apparatus of claim 16, wherein the plurality of signals are received with a first physical orientation of the phased array antenna, and the controller is further configured to: receive a second plurality of signals at the phased array antenna according to a second plurality of beamformed beam orientations of the phased array antenna, wherein the second plurality of signals are received with a second physical orientation of the phased array antenna; determine a second plurality of directional antenna characteristics of the phased array antenna associated with the second plurality of beamformed beam orientations; and generate the communications performance map based at least in part on the received second plurality of signals and the determined second plurality of directional antenna characteristics of the phased array antenna (Darapu, Fig. 8, step 805; ¶0090).
Claims 10, 25, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Darapu in view of Ray and further in view of U.S. Patent Publication No. 2023/0396305 to Dutta et al. (“Dutta”).
As to claim 25 (and similarly applied to claims 10 and 40), Darapu in view of Ray discloses the apparatus of claim 16.
Darapu in view of Ray does not disclose: wherein the controller is further configured to: transmit a second plurality of signals using the phased array antenna, wherein, to receive the plurality of signals, the controller is configured to receive reflections of the transmitted second plurality of signals.
However, Dutta discloses: wherein the controller is further configured to: transmit a second plurality of signals using the phased array antenna, wherein, to receive the plurality of signals, the controller is configured to receive reflections of the transmitted second plurality of signals (Fig. 10 and ¶¶0117-0121).
Darapu, Ray, and Dutta are considered to be similar to the claimed invention because they are in one or more of the same fields of: radio transmission systems, including multi-antenna systems using (e.g., using two or more spaced independent antennas); beam forming; selecting one or more beams from a plurality of beams; transmission in a satellite or space-based system; and/or arrangements for managing radio resources, i.e. for establishing or releasing a connection or handover of resources. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Darapu in view of Ray to incorporate the teachings of Dutta to include: wherein the controller is further configured to: transmit a second plurality of signals using the phased array antenna, wherein, to receive the plurality of signals, the controller is configured to receive reflections of the transmitted second plurality of signals. Doing so would improve wireless communications by allowing "the transmitter UE [to be] able to perform self-interference measurements…which enhance network resource usage and spectral efficiency" (Dutta, ¶0125).
Claims 15, 30, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Darapu in view of Ray and further in view of U.S. Patent Publication No. 2020/0204250 to Ravishankar et al. (“Ravishankar”).
As to claim 30 (and similarly applied to claims 15 and 45), Darapu in view of Ray discloses the apparatus of claim 29, wherein, to generate the communications performance map, the controller is configured to: generate a first performance map in a global coordinate system based at least in part on the received plurality of signals, the determined plurality of directional antenna characteristics of the phased array antenna, and a first transformation from an antenna coordinate system in the first physical orientation to the global coordinate system (Darapu, ¶0088); generate a second performance map in the global coordinate system based at least in part on the received second plurality of signals, the determined second plurality of directional antenna characteristics of the phased array antenna, and a second transformation from the antenna coordinate system in the second physical orientation to the global coordinate system (Darapu, ¶¶0088-0090).
Darapu in view of Ray does not disclose: generate the communications performance map based at least in part on the first performance map and the second performance map.
However, Ravishankar discloses: generate the communications performance map based at least in part on the first performance map and the second performance map (Figs. 2-4; ¶0031 and ¶¶0043-0046).
Darapu, Ray, and Ravishankar are considered to be similar to the claimed invention because they are in one or more of the same fields of: radio transmission systems, including multi-antenna systems using (e.g., using two or more spaced independent antennas); beam forming; selecting one or more beams from a plurality of beams; transmission in a satellite or space-based system; and/or arrangements for managing radio resources, i.e. for establishing or releasing a connection or handover of resources. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Darapu in view of Ray to incorporate the teachings of Ravishankar to include: generate the communications performance map based at least in part on the first performance map and the second performance map. Doing so would improve wireless communications by "mitigat[ing] blockage effects and the duration of interruptions associated with satellite communication systems" (Ravishankar, ¶0002).
References Cited
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Other Pertinent References
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL H LEONARD whose telephone number is (571)272-5720. The examiner can normally be reached Monday – Friday, 7am – 4pm (PT).
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/SAMUEL H. LEONARD/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649