DETAILED OFFICE 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 .
This action is responsive to the communication received March 14th, 2024. Claims 1-15 have been entered and are presented for examination.
Application 18/605,0387 has US Provisional Application 63/452,023 03/14/2023.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Cain (WO 2015001351).
Regarding claim 1, Cain discloses a data communications system for providing two-way transmission of digital data within the 12 GHz band (see Figures 1-3 and page 11, lines 3-16, page 15, lines 25-27[UAV 8; the satellite 6 is connected to the UAV 8 via a second communications link 14. The second communications link 14 is a wireless communications link; the UAV 8 is connected to the ATC station 10 via a third communications link 16. The third communications link 16 is a wireless communications link; The seventh transceiver 52 is an RF transceiver for sending and receiving RF signals in the frequency band 12GHz - 18GHz. In particular, the seventh transceiver 52 is a Ku-band RF transceiver.]), the system comprising one or more radios (page 15, lines 6-27 [the UAV comprises multiple transceivers]), each radio being capable of transmitting inbound and outbound digital data over a first frequency range associated with a default frequency over which the digital data is typically transmitted and over a second frequency range within 500 MHz of mid-band spectrum between 12.2-12.7 GHz of the 12 GHz band (MPEP 2111.04 [Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 non-obviousness.
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.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cain (WO 2015001351) in view of Kim (US 2022/0407588).
Regarding claim 2, Cain discloses all the recited subject matter in claim 1, but does not explicitly disclose wherein the first frequency range is within a 5G frequency range.
However, Kim discloses wherein the first frequency range is within a 5G frequency range (paragraphs 0004, 0021 [UA such as drones; a drone is equipped with a mobile communication device for LTE or 5G communication and an unlicensed band device for Wi-Fi or direct RF signal communication, and uses them to perform communications through communication redundancy, a communication link switching between multiple communication links can be supported]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the UAV could have a transceiver associated with 5G communication in order to communicate or relay via a 5G network.
Regarding claim 3, the references as combined above disclose all the recited subject matter in claim 2.
However, Kim further discloses wherein the first frequency range is associated with a 5G NR communications protocol (paragraphs 0004, 0021 [UA such as drones; a drone is equipped with a mobile communication device for LTE or 5G communication and an unlicensed band device for Wi-Fi or direct RF signal communication, and uses them to perform communications through communication redundancy, a communication link switching between multiple communication links can be supported]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the UAV could have a transceiver associated with 5G communication in order to communicate or relay via a 5G network.
Regarding claim 4, Cain discloses all the recited subject matter in claim 1, but does not explicitly disclose wherein the one or more radios are configured to communicate and transmit data over a network.
However, Kim discloses wherein the one or more radios are configured to communicate and transmit data over a network (paragraph 0061 [a dedicated communication network for drones such as a CNPC dedicated network and P2P communication techniques for drones]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the drones can communicate over a network to facilitate communication over the networks.
Regarding claim 5, the references as combined above disclose all the recited subject matter in claim 4.
However, Kim further discloses wherein the network comprises a point-to-multipoint communication (PTMP) network (paragraph 0043 [in the P2MP type, one GRS 123 or 124 may establish a data link with a plurality of drones.]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the drones can communicate over a PTMP network to facilitate communication over the networks.
Regarding claim 6, the references as combined above disclose all the recited subject matter in claim 5.
However, Kim further discloses wherein each of the one or more radios comprises a PTMP-enabled radio (paragraph 0043 [in the P2MP type, one GRS 123 or 124 may establish a data link with a plurality of drones.]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the drones can communicate over a PTMP network to facilitate communication over the networks.
Allowable Subject Matter
Claims 7-13 are 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.
Claims 14-15 allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or make obvious:
wherein the one or more radios comprises at least a first radio in the form of an access point (AP) radio and a second radio in the form of a consumer-premises equipment (CPE) radio configured to communicate with the AP radio (Claim 7) or
wherein the AP radio and CPE radio are configured to communicate with one another via at least one of a 5G NR communications protocol and over a spectrum within the 12 GHz band (Claim 8) or
wherein each of the one or more radios comprises circuitry and logic allowing for each of the one or more radios to communicate both on the 5G common bands as well as the 500 MHz contiguous spectrum of the 12 GHz band (Claim 9) or
wherein each of the one or more radios comprises: at least a first circuitry configured allow for communication, including transmission of data, using a 5G NR communications protocol and convey radio-frequency signals using component carriers in the Frequency Range 1 (FR1) frequency range and/or the Frequency Range 2 (FR2) frequency range of the 5G NR communications protocol; and at least a second circuitry configured to allow transmission of 5G data over the 500 MHz contiguous spectrum of the 12 GHz band (Claim 10) or
wherein the first circuitry and second circuitry are configured to cooperatively provide for upconverting of outbound signals for transmission over the 12 GHz band and downconverting of incoming signals from the 12 GHz band via logic associated therewith (Claim 11) or
wherein each of the one or more radios comprises wireless communication circuitry allowing for communication over a IEEE 802.11ax standard (Claim 12) or
wherein each of the one or more radios is further configured to be remotely controlled and configured on-the-fly (Claim 13) or
A method for providing two-way transmission of digital data within the 12 GHz band, the method comprising: receiving a signal associated with digital data over a first frequency range associated with a 5G NR communications protocol; and upconverting the signal to be subsequently transmitted over a second frequency range within a spectrum of the 12 GHz band (Claim 14) or
A method for providing two-way transmission of digital data within the 12 GHz band, the method comprising: receiving a signal associated with digital data over a first frequency range within a spectrum of the 12 GHz band; and downconverting the signal to be subsequently transmitted over a second frequency range associated with a 5G NR communications protocol (Claim 15).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER T WYLLIE whose telephone number is (571)270-3937. The examiner can normally be reached 4 pm-11:30 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, Ayman Abaza can be reached at (571)270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465
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