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 .
DETAILED ACTION
This action is responsive to the amendment filed on 7/27/2026 to the Application filed on
3/20/2024.
This application claims the benefit of priority from Korean Patent Application No. KR10-2023-0036917 filed on 3/21/2023.
Claims 1-5, 7, 8-13, 15, 17-19 are pending in the case. Claims 1 and 9 are independent claims.
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.
Claims 1-3, 9-11, 14, 16, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nevius et al, U. S. Patent Publication No. 20230058040 filed on 2020-12-07 (hereinafter Nevius) in view of Mukae, U. S. Patent Publication No. 20220177164 filed on 2019-05-31 (hereinafter Mukae) in further view of Zhao CN Patent No. 112752286, published 2021-05-04 (hereinafter Zhao).
As for independent claim 1, Nevius discloses a system and method for generating topology for a low earth orbit satellite constellation system including a plurality of low earth orbit satellites to be operated in a plurality of orbits, to: collect orbit information for the plurality of orbits in the low earth orbit satellite constellation system from a ground station;
(Nevius discloses a ground facility which received orbit information (called telemetry information) from multiple satellites, “The tracking system 305 receives telemetry information from the satellites over the network. This information is sufficient for the tracking system to predict their upcoming future trajectories in orbit.” [0046])
collect status information including statuses of links between the plurality of low earth orbit satellites from the ground station or the plurality of low earth orbit satellites;
(Nevius discloses the satellites having inter-satellite communication links and the ground station (called a tracking system) having the link status information (inferred by the tracking system monitoring and controlling the links), “The combination of ground station to satellite links (e.g., 315A-B) and inter satellite links 340 form a data network permitting generally multi-hop communication between satellites and the ground stations, preferably maintaining a multi-hop network link between each satellite 330 and the tracking system 305 at all times” [0045] “in addition to being configured by the tracking system 305 to maintain inter-satellite links 340 between the internal satellites” [0050])
generate location information for a first low earth orbit satellite including the topology generation device among the plurality of low earth orbit satellites by predicting a location of the first low earth orbit satellite based on the orbit information for the plurality of orbits;
(Nevius discloses creating predicting orbit and location of a satellite based on information received, “This information is sufficient for the tracking system to predict their upcoming future trajectories in orbit” [0046])
and generate a network topology for the low earth orbit satellite constellation system based on the location information for the first low earth orbit satellite and the status information including the statuses of links between the plurality of low earth orbit satellites
(Nevius discloses creating a topology based on the position of a known satellite (called access satellite) and the link with another satellite (called external satellite), “Even with no direct control of the external satellite 160 by the tracking system 305, it is possible that with sufficient mutual information about their relative locations, the access satellite 305 and the external satellite 160 can adaptively track each other once at least some communication is established. For example, a link 350 may initially be established using a scanning procedure, and once established the link can be maintained using an adaptive procedure” [0053], “Based on the information from the satellites the tracking system plans the network topology”, Nevius [0046])
generate topology calibration information based on status information
(Nevius discloses creating topology information based on the communication link status, “Even with no direct control of the external satellite 160 by the tracking system 305, it is possible that with sufficient mutual information about their relative locations, the access satellite 305 and the external satellite 160 can adaptively track each other once at least some communication is established. For example, a link 350 may initially be established using a scanning procedure, and once established the link can be maintained using an adaptive procedure” [0053], “Based on the information from the satellites the tracking system plans the network topology”, Nevius [0046])
and generate the network topology based on the topology calibration information.
(Nevius discloses predicting trajectory of multiple satellites (a topology) based in tracking information (updated location information), “to receive telemetry information from the external satellite that is sufficient for it to plan (e.g., simulate) the future trajectory in order to plan the future network structure needed to support communication with the external satellite” [0054])
Nevius does not appear to disclose a system or method comprising a memory storing one or more instructions; and a processor executing the one or more instructions to generate updated orbit information based on GPS information when the orbit information is not receivable, generate topology calibration information based on the updated orbit information.
However, Mukae discloses a method and device, the device comprising: a memory storing one or more instructions; and a processor executing the one or more instructions
(Mukae discloses a device for communicating with a plurality of satellites in a constellation with a memory and processor configured to perform the method, “The ground communication service range of each satellite of a plurality of satellites flying at the same altitude in the same orbital plane overlaps the communication service range of a following satellite. Therefore, with such satellites, the satellites in the same orbital plane can provide a communication service to a specific point on the ground in turn in a time-division manner” [0039], “The satellite constellation forming system 100 includes a processor 910, and also includes other hardware components such as a memory 921, an auxiliary storage device 922, an input interface 930, an output interface 940, and a communication device 950. The processor 910 is connected with other hardware components via signal lines and controls these other hardware components” [0060])
generate updated orbit information based on GPS information, and generate topology calibration information based on the updated orbit information,
(Mukae discloses a ground station collecting GPS information from the satellite with which the ground station is communicating, and using the GPS information to generate topology information, “Specifically, a Global Positioning System (GPS) receiver is mounted on each satellite, and time and position information are transmitted to the ground as telemetry data. Monitoring the trend of this will result in measurement of time-dependent orbital positions.” [0240])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the topology generating device of Mukae, adding an alternative orbit information gathering method and well-known structure to accomplish the steps, to the topology generating device of Nevius in order to make the system more resilient to faults.
Neither Nevious or Mukae appear to disclose a system or method wherein, in generating the network topology, the processor is further configured to: determine whether the orbit information is receivable and when the orbit information is not receivable performing an action in response.
However Zhao does disclose a system and method wherein, in generating the network topology, the processor is further configured to: determine whether the orbit information is receivable performing an action in response.
(Zhao discloses a satellite tracker which determines if the communication for sending orbit information is in a valid or fault state and using a backup method to obtain the information if a fault is detected, “Further, the fault recovery and rerouting method, comprising: the low-orbit satellite uses the link detection module of the satellite-borne controller to periodically detect the link state; the found fault information is sent to the ground total controller; the ground total controller finds out all the affected routing path and sends the routing switching instruction; the path fast switching is finished; the ground controller recalculates the backup route and sends it to the related satellite-borne controller.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the topology generating device of Zhao, adding a fault detection setup, to the topology generating device of Mukae and Nevius in order to make the system more resilient to faults.
As for claim 2, the limitations of parent claim 1 have been discussed above. Mukae discloses method and the device configured to collect GPS information from a global positioning system (GPS):
(Mukae paragraph [0240] discloses a ground station collecting GPS information from the satellite with which the ground station is communicating, “Specifically, a Global Positioning System (GPS) receiver is mounted on each satellite, and time and position information are transmitted to the ground as telemetry data. Monitoring the trend of this will result in measurement of time-dependent orbital positions.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the topology generating device of Mukae, adding an alternative orbit information gathering method, to the topology generating device of Nevius in order to make the system more resilient to faults.
As for claim 3, the limitations of parent claim 2 have been discussed above. Nevius discloses method and device configured to share the orbit information for the plurality of orbits in the low earth orbit satellite constellation system and the status information including the statuses of links between the plurality of low earth orbit satellites with the plurality of low earth orbit satellites.
(Nevius paragraphs [0045], [0046], and [0091] discloses orbit information (implied by the data being sent over a network which is explicitly stated to work by sending the information between satellites) and link status information being relayed to other satellites, “The combination of ground station to satellite links (e.g., 315A-B) and inter satellite links 340 form a data network permitting generally multi-hop communication between satellites and the ground stations, preferably maintaining a multi-hop network link between each satellite 330 and the tracking system 305 at all times… The tracking system 305 receives telemetry information from the satellites over the network….The external satellite operations pipeline is notified of the link status and progress and is presented with and expiring option to proceed with data relay operations—delivering the collected data to Earth, or to reserve that same internal data relay satellite for another link so data can be aggregated locally before downstream data relay can proceed”)
As for claim independent 9, claim 9 reflects a method implemented by the article of manufacture in claim 1 and is rejected along the same rationale.
As for claim 10, the limitations of parent claim 9 have been discussed above. Nevius discloses a method to modify the location information using the orbit information; and update the network topology using the status information.
(Nevius paragraph [0046] discloses a ground facility which received orbit information (called telemetry information) from multiple satellites and using that to predict location and using link information to create topology, “The tracking system 305 receives telemetry information from the satellites over the network. This information is sufficient for the tracking system to predict their upcoming future trajectories in orbit, as well as other operational parameters, such as degree of battery charge, charging capacity from photo arrays on the satellites, temperature, etc. Based on the information from the satellites the tracking system plans the network topology over an upcoming period… it is possible that with sufficient mutual information about their relative locations, the access satellite 305 and the external satellite 160 can adaptively track each other once at least some communication is established.”)
Nevius does not appear to disclose a method to collect GPS information for the first low earth orbit satellite from a GPS; update the location information using the GPS information. Mukae does disclose a method to collect GPS information for the first low earth orbit satellite from a GPS; update the location information using the GPS information.
(Mukae paragraph [0240] discloses deriving orbit information from GPS data, “Specifically, a Global Positioning System (GPS) receiver is mounted on each satellite, and time and position information are transmitted to the ground as telemetry data. Monitoring the trend of this will result in measurement of time-dependent orbital positions.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the topology generating device of Mukae, adding an alternative orbit information gathering method, to the topology generating device of Nevius in order to make the system more resilient to faults.
As for claim 11, the limitations of parent claim 10 have been discussed above. Claim 11 reflects a method implemented by the article of manufacture in claim 3 and is rejected along the same rationale.
As for claim 14, the limitations of parent claim 10 have been discussed above. Claim 14 reflects a method implemented by the article of manufacture in claim 6 and is rejected along the same rationale.
As for claim 16, the limitations of parent claim 14 have been discussed above. Claim 16 reflects a method implemented by the article of manufacture in claim 8 and is rejected along the same rationale.
As for claim 17, the limitations of parent claim 9 have been discussed above. Claim 17 reflects an article of manufacture comprising computer executable instructions for implementing method implemented by the article of manufacture in claim 1 and is rejected along the same rationale.
As for claim 19, the limitations of the parent claim 1 have been discussed. Nevius discloses a system and method wherein the topology calibration information is configured to be generated based on i) a link between satellites in the low earth orbit satellite constellation system and ii) link status information obtained on the basis of information on the satellites.
(Nevius discloses creating a topology the position of a known satellite (called access satellite) based on the communication links and their relative positions, which is shared on the link, and their status, “Even with no direct control of the external satellite 160 by the tracking system 305, it is possible that with sufficient mutual information about their relative locations, the access satellite 305 and the external satellite 160 can adaptively track each other once at least some communication is established. For example, a link 350 may initially be established using a scanning procedure, and once established the link can be maintained using an adaptive procedure” [0053], “Based on the information from the satellites the tracking system plans the network topology”, Nevius [0046])
Claims 4-5, 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nevius in view of Mukae in further view of Zhao in further view of Lincoln et al, U. S. Patent Publication No. 20240089824 filed on 2021-03-26 (hereinafter Lincoln).
As for claim 4, the limitations of parent claim 3 have been discussed above. Lincoln discloses method and device wherein the plurality of low earth orbit satellites are configured to communicate with at least one of neighboring satellites connected through an inter-plane inter-satellite link or an intra-plane inter-satellite link
(Lincoln paragraph [0016] discloses a satellite communication system with the satellites able to communicate with intra plane satellites (called in-plane neighboring satellites) and inter plane satellites (called cross-plane neighbor satellites), “A satellite may be able to communicate with neighboring satellites, including in-plane neighboring satellites and cross-plane neighboring satellites”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the topology generating device of Lincoln, adding a more diverse set of links, to the topology generating device of Zhao, Mukae, and Nevius in order to have better network management.
As for claim 5, the limitations of parent claim 4 have been discussed above. Lincoln discloses method and device wherein the plurality of low earth orbit satellites are configured to transmit the orbit information and the status information to the at least one of neighboring satellites connected through the inter-plane inter-satellite link and to check whether the at least one of neighboring satellites connected through the inter-plane inter-satellite link receive the orbit information and the status information when the plurality of low earth orbit satellites communicates with the at least one of neighboring satellites connected through the inter-plane inter-satellite link, and
(Lincoln paragraph [0005] and [0050] disclose sharing link status information and checking if the communication link goes between orbital planes and if it does, checking the validity of the connection, “determine whether a final destination plane of the data packet is different from an orbital plane of the satellite; in response to determining that the final destination plane of the data packet is different from the orbital plane of the satellite, determine whether the satellite is able to communicate with one or more cross-plane neighboring satellites…network processor 20 may also determine whether communication links with cross-plane neighboring satellites are up by periodically sending and receiving neighbor status data to and from neighboring satellites. For example, satellite 12 may periodically send information regarding the status of its communication ports”)
wherein the plurality of low earth orbit satellites are configured to transmit the orbit information and the status information to the at least one of neighboring satellites connected through the intra-plane inter-satellite link without checking whether the at least one of neighboring satellites connected through the intra-plane inter-satellite link receive the orbit information and the status information when the plurality of low earth orbit satellites communicates with the at least one of neighboring satellites connected through the intra-plane inter-satellite link
(Lincoln paragraph [0005] and [0050] disclose not checking communication link if the satellites are in the same orbital plane)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the topology generating device of Lincoln, adding a more diverse set of links, to the topology generating device of Zhao, Mukae, and Nevius in order to have better network management.
As for claim 12, the limitations of parent claim 11 have been discussed above. Claim 12 reflects a method implemented by the article of manufacture in claim 4 and is rejected along the same rationale.
As for claim 13, the limitations of parent claim 12 have been discussed above. Claim 13 reflects a method implemented by the article of manufacture in claim 5 and is rejected along the same rationale.
Claims 7, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nevius in view of Mukae in further view of Zhao in further view of Qaise et al, U. S. Patent Publication No. 20210297147 filed on 2021-04-09 (hereinafter Qaise).
As for claim 7, the limitations of parent claim 2 have been discussed above. Qaise discloses method and device configured to calculate the location of the first low earth orbit satellite by applying six orbital elements of two line elements (TLE) information and simplified general perturbations 4 (SGP4) algorithm
(Qaise paragraph [0134] discloses the SGP4 algorithm being used with TLE inputs to calculate the position and trajectory of a satellite, “The input of SGP4 algorithm, shown in FIG. 11, is a two-line elements (TLE) produced by NORAD. The TLE is a description of the current orbital elements of a satellite. From the TLE, the SGP4 algorithm can calculate the inertial orbital state vectors of a satellite at any point T in the future (or the past) to some accuracy. The raw outputs of the SGP4 are the position and the velocity vector of the satellite in an inertial reference frame”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the topology generating device of Qaise, adding known orbit calculation techniques, to the topology generating device of Zhao, Mukae, and Nevius in order to have a more efficient orbit calculation.
As for claim 15, the limitations of parent claim 10 have been discussed above. Claim 15 reflects a method implemented by the article of manufacture in claim 7 and is rejected along the same rationale.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Nevius in view of Mukae in further view of Zhao in further view of Gum et al, U. S. Patent Publication No. 20100097494 filed on 2010-04-22 (hereinafter Gum).
As for claim 18, the limitations of the parent claim 1 have been discussed. Gum discloses a system and method wherein determining whether the orbit information is receivable comprises determining whether the orbit information has not been updated within a predefined time threshold and generating the updated orbit information in response thereto.
(Gum discloses a satellite communication system which attempts to communicate (called determine a location fix) with a satellite, if it fails, it waits a predetermined amount of time, then tries again, “The mobile station may set a timer with a predetermined value and re-enter the idle state 200 for a duration of `C`. At `D`, the timer times out and the mobile station attempts a second time to determine a location fix. Again, in this example, no fix is available. The mobile station again sets the timer and waits for a duration of `E` in the idle state 200. Once more at `F`, the timer times out and the mobile station re-enters the determine location fix state 220. In this example, a location fix is determined. At `G`, the mobile station enters state 230 and proceeds to tag the image captured earlier. Finally, the mobile station returns to the idle state 200.” [0070])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the satellite communication device of Gum, adding an idle time before retrying communication, to the satellite communication device of Zhao, Mukae, and Nevius in order to have a resilient system to issues.
Response to Arguments
Claim Rejections Under 35 U.S.C. § 103
Applicant argues “amended claim 1 now incorporates limitations that were previously recited in dependent claim 6 and 8”, (Remarks page 6).
In response to the applicant’s argument, it is noted that while amended independent claim 1 recites portions of previously recited claims 6 and 8 which have now been deleted, the amendment does not recite all of limitations previously recited in dependent claim 6 and 8. As such, the scope of the amended claim 1 is different from previously recited claim 8.
Applicant’s arguments with respect to claims 1 and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al U. S. Patent Publication No. 20220291394 discloses using sgp4 algorithm in paragraph [0155]
Greene et al U. S. Patent Publication No. 20230164089 discloses monitoring satellite communication links in paragraph [0241]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 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.
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/JOHN CALEB LAWRENCE/Examiner, Art Unit 2646
/JEANETTE J PARKER/Supervisory Patent Examiner, Art Unit 2646
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