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
Claims 1-20 have been examined and are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 16, 19 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15, 18 of copending Application No. 18/661,077 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
Application 18/661,077
1. A method, comprising:
facilitating, by a non-terrestrial radio network node comprising at least one processor, receiving, from a network element associated with at least one terrestrial radio network node, at least one delegated traffic delivery request,
1. A method, comprising: facilitating, by a terrestrial radio network node comprising at least one processor, directing, to at least one non-terrestrial radio network node, at least one delegated traffic delivery request,
indicative of a request that the non-terrestrial radio network node facilitate delivering of terrestrial traffic, corresponding to at least one terrestrial traffic flow,
indicative of a request that the at least one non-terrestrial radio network node facilitate delivering of terrestrial traffic, corresponding to at least one terrestrial traffic flow,
wherein the at least one terrestrial radio network node facilitates delivery of the at least one terrestrial traffic flow to at least one user equipment;
wherein the terrestrial radio network node facilitates delivery of the at least one terrestrial traffic flow to at least one user equipment;
responsive to the at least one delegated traffic delivery request, facilitating, by the non-terrestrial radio network node, receiving terrestrial traffic corresponding to the at least one terrestrial traffic flow to result in delegated traffic; and
facilitating, by the terrestrial radio network node, directing, to the at least one of the at least one non-terrestrial radio network node, terrestrial traffic corresponding to the at least one terrestrial traffic flow to result in directed delegated traffic
facilitating, by the non-terrestrial radio network node, transmitting, to at least one of the at least one user equipment, the delegated traffic.
to result in directed delegated traffic to be delivered to at least one of the at least one user equipment by at least one of the at least one non-terrestrial radio network node,
Application 18/661,077 is directed to the method functions of a terrestrial node, whereas the claimed method steps defined in the instant application are directed to the non-terrestrial node. However, examiner notes that the method steps performed by the instant application (i.e. receiving the delegated traffic delivery request, receiving terrestrial traffic to result in delegated traffic, and transmitting the delegated traffic to the UE), are all steps that can be found in the perspective of the terrestrial node in Application 18/661,077. As such, the method being performed by the non-terrestrial radio network node in the instant application is an obvious variation of the method being performed by the terrestrial radio network node in Application 18/661,077, as the steps of the non-terrestrial radio access node being claimed in the instant application are all performed the same way in Application 18/661,077, except by the perspective of the terrestrial radio network node.
Claims 16 and 19 of the instant application are apparatus and non-transitory machine-readable medium claims and are rejected based on Claims 15 and 18 of Application 18/661,077 for similar reasons listed above.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The factual inquires set forth in Alice Corp. v. CLS Bank, 573 U.S. 134 (2014), that are applied for establishing a background for determining patent-ineligible subject matter under 35 U.S.C. §101 are summarized as follows:
1. Determining whether the claim is directed to a process, machine, manufacture or composition of matter.
2A. Determining whether the claim is directed to a law of nature, a natural phenomenon, or an abstract idea (judicially recognized exceptions).
2B. Determining whether the claim recite additional elements that amount to significantly more than the judicial exception.
Claims 1-15 are rejected under 35 U.S.C. §101 as being directed to patent-ineligible subject matter. The rationale for this determination is explained below.
Claim 1 recites: “A method, comprising: facilitating, by a non-terrestrial radio network node comprising at least one processor, receiving, from a network element associated with at least one terrestrial radio network node, at least one delegated traffic delivery request, indicative of a request that the non-terrestrial radio network node facilitate delivering of terrestrial traffic, corresponding to at least one terrestrial traffic flow, wherein the at least one terrestrial radio network node facilitates delivery of the at least one terrestrial traffic flow to at least one user equipment; responsive to the at least one delegated traffic delivery request, facilitating, by the non-terrestrial radio network node, receiving terrestrial traffic corresponding to the at least one terrestrial traffic flow to result in delegated traffic; and facilitating, by the non-terrestrial radio network node, transmitting, to at least one of the at least one user equipment, the delegated traffic.”
Step 1: Statutory Category
Claims 1-15 are directed to a statutory category subject matter, reciting a method.
.
Step 2A: Judicial Exception
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A method, comprising: facilitating, by a non-terrestrial radio network node comprising at least one processor, receiving, from a network element associated with at least one terrestrial radio network node, at least one delegated traffic delivery request, indicative of a request that the non-terrestrial radio network node facilitate delivering of terrestrial traffic, corresponding to at least one terrestrial traffic flow, wherein the at least one terrestrial radio network node facilitates delivery of the at least one terrestrial traffic flow to at least one user equipment; responsive to the at least one delegated traffic delivery request, facilitating, by the non-terrestrial radio network node, receiving terrestrial traffic corresponding to the at least one terrestrial traffic flow to result in delegated traffic; and facilitating, by the non-terrestrial radio network node, transmitting, to at least one of the at least one user equipment, the delegated traffic.”
The limitation as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claim element precludes the step from practically being performed in the mind. For example, the “facilitating” steps in the context of this claim encompasses a user mentally “facilitating (i.e. planning, determining a condition, pre-determining a condition ????), by a non-terrestrial radio network node comprising at least one processor, receiving form a network element associated with at least one terrestrial radio network node, at least one delegated traffic delivery request…facilitating (i.e. planning, determining a condition, pre-determining a condition ????), by the non-terrestrial radio network node, receiving terrestrial traffic… and facilitating (i.e. planning, determining a condition, pre-determining a condition ????), by the non-terrestrial radio network node, transmitting, to the at least one user equipment, the delegated traffic”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The term “facilitating” within the content of claim 1 broadly covers any step(s), process(es) or action(s), such as, planning or determining/pre-determining a condition, that is leading to or triggers a subsequent action (i.e. directing or receiving). As such, these step(s), process(es) or action(s) can be performed mentally.
This judicial exception is not integrated into a practical application. In particular, the claim only recites using hardware (i.e. “a non-terrestrial radio network node”) to perform the “claimed limitations”. The hardware in the step is recited at a high-level of generality (i.e., as a generic processor performing the claimed function, such that it amounts no more than mere instructions to apply the exception using a generic computer component). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: Additional Steps/Elements Significantly More than the Judicial Exception
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the additional element of using the “hardware” (i.e. a non-terrestrial radio network node) to perform the claimed limitations amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Claims 2-15 are also rejected under 35 U.S.C. 101. Claims 2-15 merely contain additional facilitating / determining step(s) that can be performed mentally or limitation that are used to define terms that are recited in the claims. Claims 2-15 contain no further/additional steps or limitations, if being incorporated to claim 1, will overcome the current rejection under 35 U.S.C. 101.
Examiner suggests amending the application to positively recite the limitations, such as “performing, by a non-terrestrial radio network node…” to overcome the 101 rejection.
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 nonobviousness.
Claim(s) 1-5, 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2026/0025719 A1 to Suh et al. (hereinafter “Suh”) in view of US 2024/0364621 A1 to Ramasamy Subramanian et al. (hereinafter “Subramanian”)
Regarding Claim 1, Suh teaches A method, comprising:
facilitating, by a non-terrestrial radio network node comprising at least one processor, (Figure 18, illustrates satellite 1. [0004], further discloses In the NTN, the satellite may perform functions of a base station in a communication network (e.g. 5G communication network, 6G communication network, and/or the like). Examiner notes that base stations functionality requires processing components)
receiving, from a network element associated with at least one terrestrial radio network node, at least one delegated traffic delivery request, indicative of a request that the non-terrestrial radio network node facilitate delivering of terrestrial traffic, (Figure 18 and [0197], discloses If it is decided that a handover procedure is to be performed, the base station 2 (i.e. network element associated with terrestrial radio network node) may transmit a handover request message to the satellite 1 (S1805) (i.e. receive a delegated traffic delivery request to facilitate delivering of traffic))
wherein the at least one terrestrial radio network node facilitates delivery of the at least one terrestrial traffic flow to at least one user equipment; (Figure 18 and [0195], illustrates a terminal (i.e. user equipment) located within a service coverage of terrestrial base station 2 (i.e. terrestrial radio network node) and receive services (i.e. delivery of terrestrial traffic flow) from the base station 2)
responsive to the at least one delegated traffic delivery request, facilitating, by the non-terrestrial radio network node, receiving terrestrial traffic; and facilitating, by the non-terrestrial radio network node, transmitting, to at least one of the at least one user equipment, the delegated traffic. (Figure 18 and [0197]-[0198], illustrates The satellite 1 may receive the handover request message from the base station 2 and identify the information included in the handover request message. The satellite 1 may decide whether to approve the handover request (S1806). If the handover request is approved, the satellite 1 may generate BWP switching configuration information (e.g. BWP switching combination) for the satellite 1, considering the BWP switching configuration information of the base station 2. The terminal may receive the handover command message from the base station 2 and identify the information included in the handover command message (e.g. BWP switching configuration information of the satellite 1). The terminal may execute the CHO (S1809). In this case, the terminal may perform a detach procedure with the base station 2 and a synchronization procedure with the satellite 1 (i.e. non-terrestrial network node facilitate receiving traffic in response to delegated traffic delivery request)
Suh does not explicitly teach indicative of a request that the non-terrestrial radio network node facilitate delivering of terrestrial traffic, corresponding to at least one terrestrial traffic flow, and receiving terrestrial traffic corresponding to the at least one terrestrial traffic flow to result in delegated traffic; and transmitting the delegated traffic
However, in a similar field of endeavor, Subramanian discloses in Figure 1 and [0024], discloses a network 100 is provided that includes a network server 110 connected to a destination server 120 for facilitating communications between one or more tenants 130 and the destination server 120 over terrestrial network paths (i.e. receiving traffic associated with at least one terrestrial traffic flow) through a terrestrial network 140 and/or satellite network paths through a satellite network 150. [0040], discloses the system can re-direct the flow of the workload through the satellite network 150 (i.e. receiving delegated traffic from a non-terrestrial radio network node corresponding to the at least one terrestrial traffic flow) of the virtual tunnel (e.g., in response to detecting or anticipating unfavorable conditions at the terrestrial network) [0047], discloses re-directing the flow of network packets based on a desired or predetermined quality of service and/or there is a failure with the terrestrial network)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Suh to include the above limitations as suggested by Subramanian to provide increased flexibility as indicated in [0023] of Subramanian.
Regarding Claim 2, Suh/Subramanian teaches The method of claim 1, wherein Suh further teaches the at least one delegated traffic delivery request is further indicative of at least one terrestrial radio channel performance parameter value associated with at least one terrestrial radio channel being used by the at least one terrestrial radio network node to deliver the terrestrial traffic to the at least one user equipment. ([0197], discloses The handover request message (i.e. delegated traffic delivery request) may include at least one of BWP switching configuration information (i.e. at least one terrestrial radio channel performance parameter value) indicated to the terminal by the base station 2, a BWP switching combination indicated to the terminal by the base station 2, or information on a current BWP (e.g. operating BWP) between the terminal and the base station 2 (i.e. at least one terrestrial radio channel performance parameter value associated with the at least one terrestrial radio channel being used by the at least one terrestrial radio network node to deliver the terrestrial traffic to the UE).
Regarding Claim 3, Suh/Subramanian teaches The method of claim 2, further comprising:
Suh further teaches based on at least one non-terrestrial radio channel performance parameter value that corresponds to delivery of non-terrestrial downlink traffic from the non-terrestrial radio network node to the at least one user equipment, determining, by the non-terrestrial radio network node, at least one non-terrestrial radio channel performance parameter adjustment value. ([0196], discloses If the base station 2 determines that there are received signal strengths exceeding the second threshold, the base station 2 may decide to perform a handover to a satellite corresponding to the highest received signal strength (S1804). For example, the satellite corresponding to the highest received signal strength may be the satellite 1. [0197] discloses the handover request message may include at least one of BWP switching configuration information indicated to the terminal by the base station 2 (i.e. non-terrestrial radio channel performance parameter value that corresponds to delivery of non-terrestrial downlink traffic), a BWP switching combination indicated to the terminal by the base station 2, or information on a current BWP (e.g. operating BWP) between the terminal and the base station 2. The satellite 1 may receive the handover request message from the base station 2 and identify the information included in the handover request message. The satellite 1 may decide whether to approve the handover request (S1806). If the handover request is approved, the satellite 1 may generate BWP switching configuration information (e.g. BWP switching combination) for the satellite 1, considering the BWP switching configuration information of the base station 2. (i.e. determine one non-terrestrial radio channel performance parameter adjustment value ))
Regarding Claim 4, Suh/Subramanian teaches The method of claim 3, further comprising:
Suh further teaches facilitating, by the non-terrestrial radio network node, transmitting, to at least one of the at least one terrestrial radio network node, at least one non-terrestrial radio channel performance parameter adjustment message comprising the at least one non-terrestrial radio channel performance parameter adjustment value. ([0198], discloses The satellite 1 may transmit a handover response including the BWP switching configuration information (e.g. BWP switching combination) to the base station 2 (S1807) (i.e. transmitting at least one non-terrestrial radio channel performance parameter adjustment message to the terrestrial radio network node))
Regarding Claim 5, Suh/Subramanian teaches The method of claim 3, further comprising:
Suh further teaches adjusting, by the non-terrestrial radio network node, the at least one terrestrial radio channel performance parameter value according to at least one non-terrestrial radio channel performance parameter adjustment value to result in at least one adjusted non-terrestrial radio channel performance parameter value, ([0197] discloses If the handover request is approved, the satellite 1 may generate BWP switching configuration information (e.g. BWP switching combination) for the satellite 1(i.e. result in adjusted non-terrestrial radio channel performance value), considering the BWP switching configuration information of the base station 2 (i.e. adjusting the at least one terrestrial radio channel performance parameter value according to at least one non-terrestrial channel performance parameter adjustment value)
wherein the facilitating of the transmitting of the delegated traffic comprises facilitating transmitting the delegated traffic according to the at least one adjusted non-terrestrial radio channel performance parameter value. ([0198], discloses execute the handover S1809)
Regarding Claim 15, Suh/Subramanian teaches The method of claim 1, further comprising:
Suh further teaches determining, by the non-terrestrial radio network node, at least one non-terrestrial beam corresponding to the at least one terrestrial radio network node to result in at least one determined non-terrestrial beam, wherein the delegated traffic is transmitted according to the at least one determined non-terrestrial beam. ([0069], discloses The satellite 110 may provide communication services to the communication node 120 using one or more beams. )
Regarding Claim 16, Suh teaches A non-terrestrial radio network node, comprising at least one processor configured to process executable instructions that, when executed by the at least one processor, facilitate performance of operations, comprising: (Figure 18, illustrates satellite 1. [0004], further discloses In the NTN, the satellite may perform functions of a base station in a communication network (e.g. 5G communication network, 6G communication network, and/or the like). Examiner notes that base stations functionality requires processing components)
receiving, from a network element associated with a terrestrial radio network node, a delegated traffic delivery request, indicative of a request that the non-terrestrial radio network node facilitate delivery of terrestrial traffic, (Figure 18 and [0197], discloses If it is decided that a handover procedure is to be performed, the base station 2 (i.e. network element associated with terrestrial radio network node) may transmit a handover request message to the satellite 1 (S1805) (i.e. receive a delegated traffic delivery request to facilitate delivering of traffic)) corresponding to at least one terrestrial traffic flow being delivered by the terrestrial radio network node to at least one user equipment, (Figure 18 and [0195], illustrates a terminal (i.e. user equipment) located within a service coverage of terrestrial base station 2 (i.e. terrestrial radio network node) and receive services (i.e. delivery of terrestrial traffic flow indicative of terrestrial transmission information) from the base station 2)
and indicative of terrestrial transmission information; ([0197], discloses The handover request message (i.e. delegated traffic delivery request) may include at least one of BWP switching configuration information indicated to the terminal by the base station 2, a BWP switching combination indicated to the terminal by the base station 2, or information on a current BWP (e.g. operating BWP) between the terminal and the base station 2 (i.e. terrestrial transmission information).
responsive to the delegated traffic delivery request, receiving the terrestrial traffic to result in delegated traffic; and transmitting, to at least one of the at least one user equipment, the delegated traffic (Figure 18 and [0197]-[0198], illustrates The satellite 1 may receive the handover request message from the base station 2 and identify the information included in the handover request message. The satellite 1 may decide whether to approve the handover request (S1806). If the handover request is approved, the satellite 1 may generate BWP switching configuration information (e.g. BWP switching combination) for the satellite 1, considering the BWP switching configuration information of the base station 2. The terminal may receive the handover command message from the base station 2 and identify the information included in the handover command message (e.g. BWP switching configuration information of the satellite 1). The terminal may execute the CHO (S1809). In this case, the terminal may perform a detach procedure with the base station 2 and a synchronization procedure with the satellite 1 (i.e. non-terrestrial network node facilitate receiving traffic in response to delegated traffic delivery request)
Suh does not explicitly teach indicative of a request that the non-terrestrial radio network node facilitate delivering of terrestrial traffic, corresponding to at least one terrestrial traffic flow, and receiving terrestrial traffic corresponding to the at least one terrestrial traffic flow to result in delegated traffic; and transmitting the delegated traffic.
However, in a similar field of endeavor, Subramanian discloses in Figure 1 and [0024], discloses a network 100 is provided that includes a network server 110 connected to a destination server 120 for facilitating communications between one or more tenants 130 and the destination server 120 over terrestrial network paths (i.e. receiving traffic associated with at least one terrestrial traffic flow) through a terrestrial network 140 and/or satellite network paths through a satellite network 150. [0040], discloses the system can re-direct the flow of the workload through the satellite network 150 (i.e. receiving delegated traffic from a non-terrestrial radio network node corresponding to the at least one terrestrial traffic flow) of the virtual tunnel (e.g., in response to detecting or anticipating unfavorable conditions at the terrestrial network) [0047], discloses re-directing the flow of network packets based on a desired or predetermined quality of service and/or there is a failure with the terrestrial network)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Suh to include the above limitations as suggested by Subramanian to provide increased flexibility as indicated in [0023] of Subramanian.
Regarding Claim 17, Suh/Subramanian teaches The non-terrestrial radio network node of claim 16,
Suh further teaches wherein the terrestrial transmission information comprises at least one of: at least one terrestrial radio channel performance parameter indication indicative of at least one terrestrial radio channel performance parameter value associated with at least one terrestrial radio channel being used by the terrestrial radio network node to deliver the terrestrial traffic to the at least one user equipment; ([0197], discloses The handover request message (i.e. delegated traffic delivery request) may include at least one of BWP switching configuration information (i.e. at least one terrestrial radio channel performance parameter value) indicated to the terminal by the base station 2, a BWP switching combination indicated to the terminal by the base station 2, or information on a current BWP (e.g. operating BWP) between the terminal and the base station 2 (i.e. at least one terrestrial radio channel performance parameter value associated with the at least one terrestrial radio channel being used by the at least one terrestrial radio network node to deliver the terrestrial traffic to the UE).
Regarding Claim 18, Suh/Subramanian teaches The non-terrestrial radio network node of claim 16, further comprising:
Suh further teaches based on at least one non-terrestrial radio channel performance parameter value that corresponds to delivery of non-terrestrial downlink traffic from the non-terrestrial radio network node to the at least one user equipment, determining at least one non-terrestrial radio channel performance parameter adjustment value; and ([0196], discloses If the base station 2 determines that there are received signal strengths exceeding the second threshold, the base station 2 may decide to perform a handover to a satellite corresponding to the highest received signal strength (S1804). For example, the satellite corresponding to the highest received signal strength may be the satellite 1. [0197] discloses the handover request message may include at least one of BWP switching configuration information indicated to the terminal by the base station 2 (i.e. non-terrestrial radio channel performance parameter value that corresponds to delivery of non-terrestrial downlink traffic), a BWP switching combination indicated to the terminal by the base station 2, or information on a current BWP (e.g. operating BWP) between the terminal and the base station 2. The satellite 1 may receive the handover request message from the base station 2 and identify the information included in the handover request message. The satellite 1 may decide whether to approve the handover request (S1806). If the handover request is approved, the satellite 1 may generate BWP switching configuration information (e.g. BWP switching combination) for the satellite 1, considering the BWP switching configuration information of the base station 2. (i.e. determine one non-terrestrial radio channel performance parameter adjustment value))
transmitting, to the terrestrial radio network node, a non-terrestrial radio channel performance parameter adjustment message comprising the at least one non-terrestrial radio channel performance parameter adjustment value to be indicated by the terrestrial radio network node to the at least one user equipment to facilitate the at least one user equipment receiving the delegated traffic. ([0198], discloses The satellite 1 may transmit a handover response including the BWP switching configuration information (e.g. BWP switching combination) to the base station 2 (S1807) (i.e. transmitting non-terrestrial radio channel performance parameter adjustment message to the terrestrial radio network node))
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suh/Subramanian in view of US 2024/0121696 A1 to Jassal et al. (hereinafter “Jassal”)
Regarding Claim 13, Suh/Subramanian teaches The method of claim 1,
Suh further teaches wherein the at least one user equipment comprises at least one user equipment that is compatible with operation with respect to non-terrestrial frequency resources to result in at least one non-terrestrial-capable user equipment, (Figure 1A and [0069], illustrates the communication node 120 may include a communication node (e.g. a user equipment (UE) or a terminal) located on a terrestrial site and a communication node (e.g. an airplane, a drone) located on a non-terrestrial space. A service link may be established between the satellite 110 and the communication node 120, and the service link may be a radio link)
Subramanian teaches delegated traffic ([0047], discloses re-directing the flow of network packets based on a desired or predetermined quality of service and/or there is a failure with the terrestrial network), but Suh/Subramanian does not explicitly wherein the delegated traffic comprises terrestrial data channel traffic and terrestrial control channel traffic to result in delegated data traffic and delegated control traffic, and wherein the facilitating of the transmitting of the delegated traffic comprises facilitating the transmitting of the delegated data traffic and the delegated control traffic to the non-terrestrial-capable user equipment according to at least one non-terrestrial frequency resource.
However, in a similar field of endeavor, Jassal discloses in Figure 7 and [0083], switching from a TN link to an NTN link (i.e. delegated traffic), and the streams at 710 and 720 represent control and data slots in which the UE receives control signaling and data (i.e. terrestrial and delegated control and data traffic) transmitted by a TN node over a TN link and by an NTN node over an NTN link. [0085], discloses A link switching command is shown at 730, and is illustrative of signaling to indicate to the UE that the UE is to switch its link towards an NTN node. [0088], discloses the link switching command includes a link identifier or identity of the link to which the UE is to switch (i.e. non-terrestrial frequency resource), a link switching start time at which the UE starts to receive data transmissions transmitted by the NTN link but scheduled by the TN link, and a link switching duration which indicates the length of time (in a time unit being used by the TN node, the NTN node, and the UE) during which the UE receives data transmissions transmitted by the NTN link but scheduled by the TN link. [0072], discloses a link refers generally to a connection through which a communication device such as a UE communicates with a network device. For example, a link may encompass a combination of physical layer resources and physical layer channels. Physical layer resources may be or include resources that are delineated based on any one or more of time, frequency, beam, and space, for example, and examples of physical layer channels include control channels and data channels.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Suh/Subramanian to include the above limitations as suggested by Jassel, to provide seamless user experience under mobility as indicated in [0007] of Jassel.
Claim(s) 14, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suh/Subramanian in view of US 2025/0267028 A1 (foreign priority date of Feb. 15, 2024) to Kim (hereinafter “Kim”)
Regarding Claim 14, Suh/Subramanian teaches The method of claim 1, wherein Suh/Subramanian does not explicitly teach the terrestrial traffic comprises multicast broadcast service traffic.
However, the concept of terrestrial traffic comprising multicast broadcast service traffic is well known in the art. For example, in a similar field of endeavor, Kim, [0005], discloses The NR multimedia broadcast and multicast service (MBS) technologies for efficiently providing such multicast and broadcast services may primarily deliver multicast and broadcast services based on a terrestrial network (TN).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Suh/Subramanian to include the above limitations as suggested by Kim, to efficiently provide specialized multicast and broadcast services in specific areas, such as country- based or region-based services, while minimizing the impact of existing TN and NTN specifications and technologies in non-terrestrial networks utilizing geostationary Earth orbit (GEO) and LEO satellites, which have large cell coverage as indicated in [0082] of Kim.
Regarding Claim 19, Suh teaches A non-transitory readable medium, comprising executable instructions, that when executed by at least one processor of a non-terrestrial radio network node, facilitate performance of operations, comprising: (Figure 18, illustrates satellite 1. [0004], further discloses In the NTN, the satellite may perform functions of a base station in a communication network (e.g. 5G communication network, 6G communication network, and/or the like). Examiner notes that base stations functionality requires processing components)
receiving, from a network element associated with a terrestrial radio network node, a delegated traffic delivery request, indicative of a request that the non-terrestrial radio network node facilitate delivery of terrestrial traffic, (Figure 18 and [0197], discloses If it is decided that a handover procedure is to be performed, the base station 2 (i.e. network element associated with terrestrial radio network node) may transmit a handover request message to the satellite 1 (S1805) (i.e. receive a delegated traffic delivery request to facilitate delivering of traffic)) corresponding to at least one terrestrial multicast traffic flow being delivered by the terrestrial radio network node to at least one user equipment, (Figure 18 and [0195], illustrates a terminal (i.e. user equipment) located within a service coverage of terrestrial base station 2 (i.e. terrestrial radio network node) and receive services (i.e. delivery of terrestrial traffic flow indicative of terrestrial transmission information) from the base station 2)
and indicative of terrestrial transmission information; ([0197], discloses The handover request message (i.e. delegated traffic delivery request) may include at least one of BWP switching configuration information indicated to the terminal by the base station 2, a BWP switching combination indicated to the terminal by the base station 2, or information on a current BWP (e.g. operating BWP) between the terminal and the base station 2 (i.e. terrestrial transmission information).
responsive to the delegated traffic delivery request, receiving multicast data traffic corresponding to the at least one terrestrial multicast traffic flow to result in delegated multicast data traffic; transmitting, to at least one of the at least one user equipment, the delegated multicast traffic, according to the terrestrial transmission information (Figure 18 and [0197]-[0198], illustrates The satellite 1 may receive the handover request message from the base station 2 and identify the information included in the handover request message. The satellite 1 may decide whether to approve the handover request (S1806). If the handover request is approved, the satellite 1 may generate BWP switching configuration information (e.g. BWP switching combination) for the satellite 1, considering the BWP switching configuration information of the base station 2. The terminal may receive the handover command message from the base station 2 and identify the information included in the handover command message (e.g. BWP switching configuration information of the satellite 1). The terminal may execute the CHO (S1809). In this case, the terminal may perform a detach procedure with the base station 2 and a synchronization procedure with the satellite 1 (i.e. non-terrestrial network node facilitate receiving traffic in response to delegated traffic delivery request)
Suh does not explicitly teach indicative of a request that the non-terrestrial radio network node facilitate delivering of terrestrial traffic, corresponding to at least one terrestrial traffic flow, and receiving terrestrial traffic corresponding to the at least one terrestrial traffic flow to result in delegated traffic; and transmitting the delegated traffic.
However, in a similar field of endeavor, Subramanian discloses in Figure 1 and [0024], discloses a network 100 is provided that includes a network server 110 connected to a destination server 120 for facilitating communications between one or more tenants 130 and the destination server 120 over terrestrial network paths (i.e. receiving traffic associated with at least one terrestrial traffic flow) through a terrestrial network 140 and/or satellite network paths through a satellite network 150. [0040], discloses the system can re-direct the flow of the workload through the satellite network 150 (i.e. receiving delegated traffic from a non-terrestrial radio network node corresponding to the at least one terrestrial traffic flow) of the virtual tunnel (e.g., in response to detecting or anticipating unfavorable conditions at the terrestrial network) [0047], discloses re-directing the flow of network packets based on a desired or predetermined quality of service and/or there is a failure with the terrestrial network)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Suh to include the above limitations as suggested by Subramanian to provide increased flexibility as indicated in [0023] of Subramanian.
Suh/Subramanian does not explicitly teach the terrestrial traffic flow comprises multicast traffic.
However, the concept of terrestrial traffic comprising multicast broadcast service traffic is well known in the art. For example, in a similar field of endeavor, Kim, [0005], discloses The NR multimedia broadcast and multicast service (MBS) technologies for efficiently providing such multicast and broadcast services may primarily deliver multicast and broadcast services based on a terrestrial network (TN).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Suh/Subramanian to include the above limitations as suggested by Kim, to efficiently provide specialized multicast and broadcast services in specific areas, such as country- based or region-based services, while minimizing the impact of existing TN and NTN specifications and technologies in non-terrestrial networks utilizing geostationary Earth orbit (GEO) and LEO satellites, which have large cell coverage as indicated in [0082] of Kim.
Regarding Claim 20, Suh/Subramanian/Kim teaches The non-transitory machine-readable medium of claim 19,
Kim further teaches wherein the multicast data traffic is received from at least one of: the terrestrial radio network node, a non-terrestrial gateway corresponding to the non-terrestrial radio network node, and ([0002], discloses a technique for providing multicast and broadcast services in a non-terrestrial network, and more particularly, to a technique for providing multicast and broadcast services to specific areas in a non-terrestrial network using satellites with a large cell radius. [0005] The NR multimedia broadcast and multicast service (MBS) technologies for efficiently providing such multicast and broadcast services may primarily deliver multicast and broadcast services based on a terrestrial network (TN))
wherein the multicast data traffic is directed to the non-terrestrial radio network node by at least one of: a core network element, a terrestrial/non-terrestrial shared network element, or the terrestrial radio network node. (Figure 1 and [0056], illustrates a feeder link between a satellite 110 (i.e. non-terrestrial radio network node) and gateway 130 (i.e. terrestrial/non-terrestrial shared network element). The communications between the satellite 110 and the gateway 130 may be performed based on an NR-Uu interface or a satellite radio interface (SRI))
Examiner maintains same motivation to combine as indicated in Claim 19 above.
Allowable Subject Matter
Claims 6-12 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, as well as overcoming the double patenting rejection and 101 rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENKEY VAN whose telephone number is (571)270-7160. The examiner can normally be reached Monday - Friday 9am - 5pm.
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, Chirag Shah can be reached at (571)272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENKEY VAN/ Primary Examiner, Art Unit 2477
Prosecution Insights