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 .
Election/Restrictions
During a telephone conversation with Attorney Peter Trahms-Neudorfer (Reg. No. 59,282) on 05/04/2026 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-10, 11, 13 and 18. Affirmation of this election must be made by applicant in replying to this Office action. Claims 12, 14-17 and 19-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-10, 11, 13 and 18, drawn to system, apparatus and device having a non-terrestrial network direct-to-direct phased array antenna that is configured to communicate with a non-terrestrial network vehicle and handover from one satellite to another, classified in H04B 10/118 and H04B7/18541.
II. Claims 12, 14-17 and 19-20, drawn to electronic device/apparatus construction/configuration, classified in H01Q3/01 corresponding to varying the shape of antenna system.
Inventions I and II are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because invention one can be used for executing a handover without requiring the particulars of the device/apparatus antenna having a particular configuration. The subcombination has separate utility such as a device/apparatus having an antenna that can be positioned using different configurations without them being used in a handover.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
--the inventions have acquired a separate status in the art in view of their different classification;
--the inventions have acquired a separate status in the art due to their recognized divergent subject matter; and/or
--the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 7, 11, 13 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8447226 B1 (Kuether et al., hereinafter Kuether).
Regarding claim 1, Kuether discloses a system (Fig. 1, “digital satellite system 20”) comprising:
a computing device (Figs. 1-9, 12A-12B, 17-18, “portable satellite earth station 26” reads on computing device) comprising a keyboard portion (Fig. 17, keyboard of “notebook computer 1702” reads on keyboard “portion”) and a monitor portion (Fig. 17, monitor of “notebook computer 1702” reads on monitor “portion”), wherein the keyboard portion and the monitor portion are coupled (Figs. 17-18), and wherein the monitor portion is hingedly rotatable relative to the keyboard portion (Fig. 17, see hinges in “notebook computer 1702”); and
an antenna portion that is physically coupled with the monitor portion (Fig. 18, “antenna 1810” is physically “coupled” to monitor portion of “notebook computer 1702”; claims 5-6),
wherein the antenna portion is hingedly rotatable relative to the monitor portion (Fig. 18; col. 13, lines 44-47, “antenna 1810 may be mounted to the satellite receiver hardware housing 1804 so that the antenna 1810 can be pivoted in both horizontal and vertical directions to obtain satellite signals”), and
wherein the antenna portion comprises a non-terrestrial network direct-to-device phased array antenna (Figs. 1 and 18; col. 15, lines 1-4, “beam-steered array”) that is configured to communicate with a non-terrestrial network vehicle (Fig. 1, “satellites 30, 32”).
Regarding claim 11, Kuether discloses an apparatus (Figs. 1-9, 12A-12B, 17-18, “portable satellite earth station 26” reads on apparatus), comprising:
a computing device comprising a monitor (Figs. 1-9, 12A-12B, 17-18, “portable satellite earth station 26, 81” complemented with a “notebook computer 1702” that comprises a monitor); and
an antenna that is coupled with the monitor (Fig. 18, “antenna 1810” is physically “coupled” to monitor portion of “notebook computer 1702”; claims 5-6), wherein the antenna is hingedly rotatable relative to the monitor (Fig. 18; col. 13, lines 44-47, “antenna 1810 may be mounted to the satellite receiver hardware housing 1804 so that the antenna 1810 can be pivoted in both horizontal and vertical directions to obtain satellite signals”), and wherein the antenna comprises a non-terrestrial network direct-to-device phased array antenna (Figs. 1 and 18; col. 15, lines 1-4, “beam-steered array”) that is configured to communicate with a non-terrestrial network vehicle (Fig. 1, “satellites 30, 32”).
Regarding claim 18, Kuether discloses a device (Figs. 1-9, 12A-12B, 17-18, “portable satellite earth station 26”), comprising:
a computer monitor (Fig. 17, keyboard of “notebook computer 1702” reads on keyboard “portion”); and
an antenna that is coupled with the computer monitor (Fig. 18, “antenna 1810” is physically “coupled” to monitor portion of “notebook computer 1702”; claims 5-6), wherein the antenna is rotatable relative to the computer monitor via a hinge (Fig. 18; col. 13, lines 44-47, “antenna 1810 may be mounted to the satellite receiver hardware housing 1804 so that the antenna 1810 can be pivoted in both horizontal and vertical directions to obtain satellite signals”), and wherein the antenna is configured to communicate with a non-terrestrial network vehicle (Fig. 1, “satellites 30, 32”).
Regarding claims 7 and 13, Kuether discloses all the limitations of claims 1 and 11, respectively. Kuether further discloses wherein an air interface of the antenna portion comprises a third-generation partnership project-compliant fifth generation new radio direct to device protocol stack or a satellite communication direct to device protocol stack (Fig. 1, please see direct connection between the satellite and “portable earth station 26”).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kuether in view of KR102623582B1 (Kim Youn Gon).
Regarding claim 2, Kuether discloses all the limitations of claim 1.
Kuether does not specifically disclose wherein the antenna portion is configured to form an electron beam to communicate with the non-terrestrial network vehicle.
In related art concerning easy-to-carry flip-type electron beam steering phased array antenna device, KR102623582B1 discloses wherein the antenna portion is configured to form an electron beam to communicate with the non-terrestrial network vehicle (Figs 1-5, pars. [0037], [0046], “To enable overall control of the antenna device, modules such as an electron beam phased array board… can be configured to be interconnected…is the same as the configuration generally used in satellite antenna devices…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use KR102623582B1’s explicit teachings wherein the antenna portion is configured to form an electron beam to communicate with the non-terrestrial network vehicle with the portable satellite earth station and method of using the same disclosed by Kuether because one of ordinary skill in the art would have recognized that by forming an electron beam for communication, high directivity is achieved, since the electron bean can be precisely steered and focused like a parabolic satellite dish would do.
Claim 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kuether in view of KR102623582B1, and further in view of US 20160170029 A1 (Wyler et al., hereinafter Wyler).
Regarding claim 3, Kuether and KR102623582B1disclose all the limitations of claim 2. Kuether further discloses wherein the non-terrestrial network vehicle is a first non-terrestrial network vehicle (Fig. 1, “one of satellites 30, 32”), wherein a constellation of non-terrestrial network vehicles comprises the first non-terrestrial network vehicle (Fig. 1, “one of satellites 30, 32”).
Kuether and KR102623582B1do not specifically disclose wherein the antenna portion is configured to, terminate a first communication with the first non-terrestrial network vehicle, and after terminating the first communication, initiate a second communication with a second non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles.
In related art concerning user terminal having a linear array antenna with electronic and mechanical actuation system, Wyler discloses wherein the antenna portion is configured to, terminate a first communication with the first non-terrestrial network vehicle (par. [0040], “user terminal… handoff from one satellite to another”), and after terminating the first communication, initiate a second communication with a second non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles (par. [0040], “user terminal… handoff from one satellite to another”, where in hard handoff, the first connection is released before the connection to the next satellite takes place).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Wyler’s teachings wherein the antenna portion is configured to, terminate a first communication with the first non-terrestrial network vehicle, and after terminating the first communication, initiate a second communication with a second non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles with the portable satellite earth station and method of using the same disclosed by Kuether and KR102623582B1 because one of ordinary skill in the art would have recognized that hard handoff is a well-recognized techniques used in wireless communications that can result in lower latency because there is no need to maintain a dual connection, which might speed the handoff process.
Regarding claim 4, Kuether, KR102623582B1 and Wyler disclose all the limitations of claim 3.
Wyler further disclose wherein initiating the second communication with the second non-terrestrial network vehicle comprises moving the electron beam toward a tracking horizon and toward the second non-terrestrial network vehicle (par. [0040], “user terminal… scanning to track satellites and handoff from one satellite to another”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Wyler’s teachings wherein initiating the second communication with the second non-terrestrial network vehicle comprises moving the electron beam toward a tracking horizon and toward the second non-terrestrial network vehicle with the portable satellite earth station and method of using the same disclosed by Kuether and KR102623582B1 because one of ordinary skill in the art would have recognized that by moving the beam to a tracking horizon, can improve reliability and continuity by reducing handoff latency and discontinuity.
Regarding claim 5, Kuether and KR102623582B1 disclose all the limitations of claim 2.
KR102623582B1 discloses wherein the electron beam is a first electron beam (claim 2 from above); Kuether discloses wherein the non-terrestrial network vehicle is a first non-terrestrial network vehicle (Fig. 1, “one of satellites 30, 32”), wherein a constellation of non-terrestrial network vehicles comprises the first non-terrestrial network vehicle (Fig. 1, “one of satellites 30, 32”).
Kuether and KR102623582B1 do not specifically disclose wherein the antenna portion is configured to, initiate a second communication with a second non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles using a second electron beam, and while the antenna portion is communicating with the first non-terrestrial network vehicle using the first electron beam.
Wyler discloses wherein the antenna portion is configured to, initiate a second communication with a second non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles using a second electron beam, and while the antenna portion is communicating with the first non-terrestrial network vehicle using the first electron beam (par. [0040], “user terminal… handoff from one satellite to another”, where in soft handoff, dual connection is maintained between the user terminal and the first and second satellite).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Wyler’s teachings wherein the antenna portion is configured to, initiate a second communication with a second non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles using a second electron beam, and while the antenna portion is communicating with the first non-terrestrial network vehicle using the first electron beam with the portable satellite earth station and method of using the same disclosed by Kuether and KR102623582B1 because one of ordinary skill in the art would have recognized that soft handoff is a well-recognized techniques used in wireless communications that reduces call drop and service interruption by keeping both links with a first and second satellite active.
Regarding claim 6, Kuether, KR102623582B1 and Wyler disclose all the limitations of claim 5.
Kuether and KR102623582B1 do not specifically disclose wherein the antenna portion is configured to initiate a third communication with a third non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles using a third electron beam, while the antenna portion is communicating with the second non-terrestrial network vehicle using the second electron beam, and after the antenna portion has ceased communicating with the first non-terrestrial network vehicle using the first electron beam.
Wyler discloses wherein the antenna portion is configured to initiate a third communication with a third non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles using a third electron beam, while the antenna portion is communicating with the second non-terrestrial network vehicle using the second electron beam, and after the antenna portion has ceased communicating with the first non-terrestrial network vehicle using the first electron beam (par. [0040], “user terminal… handoff from one satellite to another”, where in soft handoff, dual connection is maintained between the user terminal and the first and second satellite).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Wyler’s teachings wherein the antenna portion is configured to initiate a third communication with a third non-terrestrial network vehicle of the constellation of non-terrestrial network vehicles using a third electron beam, while the antenna portion is communicating with the second non-terrestrial network vehicle using the second electron beam, and after the antenna portion has ceased communicating with the first non-terrestrial network vehicle using the first electron beam with the portable satellite earth station and method of using the same disclosed by Kuether and KR102623582B1 because one of ordinary skill in the art would have recognized that soft handoff is a well-recognized techniques used in wireless communications that reduces call drop and service interruption by keeping both links with a first and second satellite active. Also, performing handover to a third satellite would maintain connectivity when a user continues moving from one coverage area to another of the satellites.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kuether in view of US 11115510 B1 (Abdul-Gaffoor et al., hereinafter Abdul-Gaffoor).
Regarding claim 8, Kuether discloses all the limitations of claim 7.
Kuether does not specifically disclose wherein a frequency band of the air interface comprises a third-generation partnership project frequency range 1 (sub-6) band of a fifth-generation new radio band.
In related art concerning communication device having antenna arrays configured based on open/closed positions of housing, Abdul-Gaffoor discloses wherein a frequency band of the air interface comprises a third generation partnership project frequency range 1 (sub-6) band of a fifth generation new radio band (Figs. 1-3 and col., 1, lines 36- 43, “fifth generation new radio (5G NR) uses spectrum in the existing fourth generation long term evolved (4G LTE) standard in sub-6 GHz frequency range (600 MHz to 6 GHz)…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Abdul-Gaffoor’s teachings wherein a frequency band of the air interface comprises a third generation partnership project frequency range 1 (sub-6) band of a fifth generation new radio band with the portable satellite earth station and method of using the same disclosed by Kuether because one of ordinary skill in the art would have recognized that adapting the device disclosed by Kuether to “Recent developments and standards for communication devices [that] include use of higher communication bands that can support higher data rates.” (Abdul-Gaffoor, col., 1, lines 36- 43) constitute “applying a known technique to a known device (method or product) ready for improvement to yield predictable results.” (MPEP 2143, rationale D).
Regarding claim 9, Kuether discloses all the limitations of claim 1.
Kuether does not specifically disclose wherein an air interface of the antenna portion comprises a third-generation partnership project-compliant long term evolution protocol stack.
Abdul-Gaffoor discloses wherein an air interface of the antenna portion comprises a third-generation partnership project-compliant long term evolution protocol stack (Figs. 1-3 and col., 1, lines 36- 43, “…spectrum in the existing fourth generation long term evolved (4G LTE) standard …”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Abdul-Gaffoor’s teachings wherein an air interface of the antenna portion comprises a third generation partnership project-compliant long term evolution protocol stack with the portable satellite earth station and method of using the same disclosed by Kuether because one of ordinary skill in the art would have recognized that adapting the device disclosed by Kuether to “Recent developments and standards for communication devices [that] include use of higher communication bands that can support higher data rates.” (Abdul-Gaffoor, col., 1, lines 36- 43) constitute “applying a known technique to a known device (method or product) ready for improvement to yield predictable results.” (MPEP 2143, rationale D).
Regarding claim 10, Kuether discloses all the limitations of claim 7.
Kuether does not specifically disclose wherein a frequency band of the air interface comprises a third-generation partnership project frequency range 1 (sub-6) band of a long term evolution band.
Abdul-Gaffoor discloses wherein a frequency band of the air interface comprises a third generation partnership project frequency range 1 (sub-6) band of a long term evolution band (Figs. 1-3 and col., 1, lines 36- 43, “…spectrum in the existing fourth generation long term evolved (4G LTE) standard in sub-6 GHz frequency range (600 MHz to 6 GHz)…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Abdul-Gaffoor’s teachings wherein a frequency band of the air interface comprises a third generation partnership project frequency range 1 (sub-6) band of a long term evolution band with the portable satellite earth station and method of using the same disclosed by Kuether because one of ordinary skill in the art would have recognized that adapting the device disclosed by Kuether to “Recent developments and standards for communication devices [that] include use of higher communication bands that can support higher data rates.” (Abdul-Gaffoor, col., 1, lines 36- 43) constitute “applying a known technique to a known device (method or product) ready for improvement to yield predictable results.” (MPEP 2143, rationale D).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0370158 A1 relates to mobile satellite communication system.
US 5915020 A (Tilford et al., hereinafter Tilford) relates to portable satellite earth station.
US 12,138,041 B1 relates to mobile device case with satellite communication capability.
US 2026/0051948 A1 relates to electronic device including communication antenna.
US 2020/0195336 A1 relates to flexible beamforming techniques for wireless devices.
US 2025/0210849 A1 relates to laptop computer with phased antenna array.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Angelica Perez whose telephone number is 571-272-7885. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Yuwen (Kevin) Pan can be reached at (571) 272-7855. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and for After Final communications.
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/Angelica M. Perez/
Primary Examiner AU 2649
Prosecution Insights