Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. The drawings are objected to because the block pertaining elements (202, 206, 210, and 214) shown in Figure 2; (402, 406, 408, 411, 412, 416, 420, 424, 428, and 432) shown in Figure 4, and (602, 606, 608, 612, 616, 620, 622, 624, and 628) shown in Figure 6 need to have descriptive labels in conformance with 37 CFR 1.84(n), 1.84(o), and/or 1.84(p). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the
examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
3. The disclosure is objected to because of the following informalities:
a) in line 5 of paragraph [0052] “a SATCOM link” should be replace with “a satellite communication (SATCOM) link”;
Appropriate correction is required.
Claim Objections
4. Claims 2 and 11-12 are objected to because of the following informalities:
a) in the claims 2 and 12, SATCOM should be presented what is stand for;
b) in lines 2-3 and 9 of claim 11, CBRS, CBSD, DPA, and CSS should be presented what are stand for;
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
a) Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the communication system" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Double Patenting
6. 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.
A) Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-14, and 16-20 of Copending Application No. 18/810,725 in view of LITJENS (US 2022/0303782 A1). Please see table below:
Pending application 18/811063
Copending application 18/810725
1. A centralized security system (CSS) comprising: one or more processors; and a computer-readable storage media storing computer-executable instructions, wherein the instructions when executed by the one or more processors cause the CSS to: receive periodically a plurality of heartbeat messages at a predetermined time interval through a secure connection, wherein the heartbeat messages are transmitted from an incumbent user of a citizens broadband radio service (CBRS) system through a secure connection, the CBRS system comprises a plurality of citizens broadband service devices (CBSDs) located in a neighborhood proximate to a dynamic protection area (DPA), the DPA comprises a plurality of DPA tiles, each one of the heartbeat messages is time stamped and includes DPA data indicating the DPA tile corresponding to a current location of the incumbent user; identify one or more CBSDs associated with the DPA tile indicated in the heartbeat message; instruct a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD; generate a move list indicating the CBSDs that interfere with the detected radar signals on the authorized radio channel; and instruct the SAS to cause the CBSDs of the move list to prevent interference with the incumbent user on the authorized radio channel according to the move list.
1. A centralized security system (CSS) comprising: one or more processors; and a computer-readable storage media storing computer-executable instructions, wherein the instructions when executed by the one or more processors cause the CSS to: receive a plurality of heartbeat messages at a predetermined time interval, wherein the heartbeat messages are transmitted from an incumbent user of a citizens broadband radio service (CBRS) system through a secure connection, the CBRS system comprises a plurality of citizens broadband service devices (CBSDs) located in a neighborhood proximate to a dynamic protection area (DPA), the DPA comprises a plurality of DPA tiles, each one of the heartbeat messages is time stamped and includes DPA data and radar activity data, the DPA data indicates the DPA tile in which the incumbent user is located, and the radar activity data indicates a radio channel on which an onboard radar of the incumbent user transmits radar signals; identify a region in the neighborhood, based on a predetermined mapping rule specifying a correlation between the region and the DPA tile; determine one or more CBSDs in the region and authorized to operate on the radio channel indicated in the heartbeat message; generate a move list, the move list indicating the one or more CBSDs; and transmit the move list to a spectrum access system (SAS) and instruct the SAS to cause the one or more CBSDs to prevent interference with the incumbent user on the radio channel according to the move list.
The claim of Copending application encompass the same subject matter except “identify one or more CBSDs associated with the DPA tile indicated in the heartbeat message; instruct a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD”.
In the same field of endeavor, LITJENS teaches identify one or more CBSDs associated with the DPA tile indicated in the heartbeat message (¶0099-101, identify CBSDs associated with DPA indicated in the heartbeat message); instruct a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD (¶0020 and ¶0041, instructing SAS to cause CBSDs for detection, e.g., using radar to detect signals for an authorized access of the CBSD).
Therefore, it would have been obvious to one ordinary skill in the art before the
effective filing date of applicant’s claimed invention to implement the US 2022/0303782 A1 for a spectrum access system (SAS) that allocate frequency bands in a shared spectrum to the CBSDs because it was notoriously well known to provide a method and/or system for implementing and performing specific function to establish private enterprise networks to provide cellular service.
Claim 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Copending application No.18/810,725 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of instant application is a broader version of claim 1 of Copending application No.18/810,725 except “identify one or more CBSDs associated with the DPA tile indicated in the heartbeat message; instruct a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD” which is thought by secondary reference, LITJENS (US 2022/0303782 A1) as discussed above.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
B. Claims 2-11 of instant application are not identical as claims 2-4, 6-11 of Copending application18/810,725, but they are not patentable distinct from each other because claim 2-11 of instant application are a broader version of claim 2-4, 6-11 of Copending application No.18/810,725, Please see table below:
Pending application 18/811063
Copending application 18/810725
2. The CSS of claim 1, wherein the secure connection is a SATCOM link.
2. The CSS of claim 1, wherein the secure connection is a SATCOM link.
3. The CSS of claim 1, wherein the heartbeat messages are encrypted using a predetermined encryption/decryption protocol only known to the CSS, wherein the instructions when executed by the one or more processors, cause the CSS to decrypt the heartbeat messages using the encryption/decryption protocol, and wherein the location of the incumbent user within the DPA is obfuscated and unexposed.
3. The CSS of claim 1, wherein the heartbeat messages are encrypted using a predetermined encryption/decryption protocol only known to the CSS, wherein the instructions when executed by the one or more processors, cause the CSS to decrypt the heartbeat messages using the encryption/decryption protocol, and wherein the location of the incumbent user within the DPA is obfuscated and unexposed.
4. The system of claim 1, wherein the instructions when executed by the one or more processors cause the CSS to: identify, in the neighborhood, a region correlating to the DPA tile, wherein the one or more CBSDs are located within the region.
5. The system of claim 4, wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region are associated with the PPs.
4. The CSS of claim 1, wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region correlate to the PPs.
6. The system of claim 1, wherein the instructions when executed by the one or more processors cause the CSS to: instruct the SAS to determine that a total transmission power of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
6. The CSS of claim 5, wherein the instructions when executed by the one or more processors cause the CSS to: determine that a total transmission power of each one of the one or more CBSDs on the radio channel exceeds a predetermined threshold, based on the radar activity data.
7. The system of claim 1, wherein the instructions when executed by the one or more processors cause the CSS to: instruct the SAS to determine that an aggregate interference power spectral density of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
7. The CSS of claim 5, wherein the instructions when executed by the one or more processors cause the CSS to: determine that an aggregate interference power spectral density of each one of the one or more CBSDs on the radio channel exceeds a predetermined threshold, based on the radar activity data.
8. The system of claim 1, wherein the instructions when executed by the one or more processors cause the CSS to: instruct the SAS to cause the CBSDs in the move list to terminate transmission of signals on the authorized radio channel by secondary users associated with the identified CBSDs.
8. The CSS of claim 1, wherein the instructions when executed by the one or more processors cause the CSS to: instruct the SAS terminates transmission of signals on the radio channel by secondary users associated with the one or more CBSDs.
9. The system of claim 1, wherein the instructions when executed by the one or more processors cause the CSS to: instruct the SAS to cause the CBSDs in the move list to reject a request for transmission of signals on the authorized radio channel by a secondary user associated with the identified CBSDs.
9. The CSS of claim 1, wherein the instructions when executed by the one or more processors cause the CSS to: instruct the SAS to reject a request for transmission of signals on the radio channel by a secondary user associated with the one or more CBSDs.
10. The system of claim 1, wherein each one of the DPA tiles has an irregular dimension that is not square nor rectangular.
10. The CSS of claim 1, wherein each one of the DPA tiles has an irregular dimension that is square nor rectangular.
11. A method for preventing interference with an incumbent user associated with a CBRS system comprising a plurality of CBSDs located in a neighborhood proximate to a DPA that comprises a plurality of DPA tiles, wherein the method comprises: generating periodically, by the incumbent user, a plurality of heartbeat messages, wherein each one of the heartbeat messages is timestamped and includes real-time DPA data indicating the DPA tile corresponding to a current location of the incumbent user; transmitting, by the incumbent user, the plurality of heartbeat messages to a CSS via a secure connection; identifying, by the CSS, one or more CBSDs associated with the DPA tile indicated in the heartbeat message; instructing a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD; causing, by the SAS, the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD; generating a move list indicating the CBSDs that interfere with the detected radar signals on the authorized radio channel; and instructing the SAS to cause the CBSDs of the move list to prevent interference with the incumbent user on the authorized radio channel according to the move list.
11. A method for preventing interference with an incumbent user associated with a CBRS system comprising a plurality of CBSDs located in a neighborhood proximate to a DPA that comprises a plurality of DPA tiles, wherein the method comprises: detecting, by an onboard sensor of the incumbent user, radar signals transmitted by an onboard radar of the incumbent user; generating, by the incumbent user, a plurality of heartbeat messages at a predetermined time interval, wherein each one of the heartbeat messages is timestamped and includes DPA data and radar activity data, the DPA data indicates a DPA tile of in which the incumbent user is located, and the radar activity data indicates a radio channel on which an onboard radar of the incumbent user transmits radar signals; transmitting the plurality of heartbeat messages to a CSS via a secure connection; identifying, by the CSS, a region in a neighborhood wherein a plurality of CBSDs of the CBRS system are located, based on a predetermined mapping rule specifying a correlation between the region and the DPA tile; determining, by the CSS, one or more CBSDs in the region and authorized to operate on the radio channel indicated in the heartbeat message; generating, by the CSS, a move list that indicates the one or more CBSDs; transmitting the move list to a SAS; and causing, by a SAS, the one or more CBSDs to prevent interference with the incumbent user on the radio channel according to the move list.
The claim of Copending application encompass the same subject matter except “instructing a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD; causing, by the SAS, the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD”.
In the same field of endeavor, LITJENS teaches instructing a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD (¶0020 and ¶0041, instructing SAS to cause CBSDs for detection, e.g., using radar to detect signals for an authorized access of the CBSD); causing, by the SAS, the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD (¶0020 and ¶0041, instructing SAS to cause CBSDs for detection, e.g., using radar to detect signals for an authorized access of the CBSD).
Therefore, it would have been obvious to one ordinary skill in the art before the
effective filing date of applicant’s claimed invention to implement the US 2022/0303782 A1 for a spectrum access system (SAS) that allocate frequency bands in a shared spectrum to the CBSDs because it was notoriously well known to provide a method and/or system for implementing and performing specific function to establish private enterprise networks to provide cellular service.
Claim 11 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of Copending application No.18/810,725 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 11 of instant application is a broader version of claim 11 of Copending application No.18/810,725 except “instructing a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD; causing, by the SAS, the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD”, which is thought by secondary reference, LITJENS (US 2022/0303782 A1) as discussed above.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
C. Claims 12-20 of instant application are not identical as claims 12-14 and 16-20 of Copending application18/810,725, but they are not patentable distinct from each other because claim 12-20 of instant application are a broader version of claim 12-14 and 16-20 of Copending application No.18/810,725, Please see table below:
Pending application 18/811063
Copending application 18/810725
12. The method of claim 11, wherein the secure connection is a SATCOM link.
12. The method of claim 11, wherein the secure connection is a SATCOM link.
13. The method of claim 11, further comprising: encrypting, by the incumbent user, the heartbeat messages using a predetermined encryption/decryption protocol only known to the communication system and the CSS; and decrypting, by the CSS, the heartbeat messages using the encryption/decryption protocol, wherein the location of the incumbent user within the DPA is obfuscated and unexposed.
13. The method of claim 11, further comprising: encrypting, by the incumbent user, the heartbeat messages using a predetermined encryption/decryption protocol only known to the communication system and the CSS; and decrypting, by the CSS, the heartbeat messages using the encryption/decryption protocol, and wherein the location of the incumbent user within the DPA is obfuscated and unexposed.
14. The method of claim 11, further comprising: identify, by the CSS, a region in the neighborhood, wherein the region is correlating to the DPA tile, and the one or more CBSDs are located within the region.
15. The method of claim 14, wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region are associated with the PPs.
14. The method of claim 11, wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region correlate to the PPs.
16. The method of claim 11, further comprising: determining, by the SAS, that a total transmission power of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
16. The method of claim 15, further comprising: determining, by the CSS, that a total transmission power of each one of the one or more CBSDs on the radio channel exceeds a predetermined threshold, based on the radar activity data.
17. The method of claim 11, further comprising: determining, by the SAS, that an aggregate interference power spectral density of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
17. The method of claim 15, further comprising: determining, by the CSS, that an aggregate interference power spectral density of each one of the one or more CBSDs on the radio channel exceeds a predetermined threshold, based on the radar activity data.
18. The method of claim 11, further comprising: causing, by the SAS, the identified CBSDs to terminate transmission of signals on the authorized radio channel by secondary users associated with the identified CBSDs.
18. The method of claim 11, further comprising: terminating, by the SAS, transmission of signals on the radio channel by secondary users associated with the one or more CBSDs.
19. The method of claim 11, further comprising: causing, by the SAS, the identified CBSDs to reject a request for transmission of signals on the authorized radio channel by a secondary user associated with the identified CBSDs.
19. The method of claim 11, further comprising: rejecting, by the SAS, a request for transmission of signals on the radio channel by a secondary user associated with the one or more CBSDs.
20. The method of claim 11, wherein each one of the DPA tiles has an irregular dimension that is not square nor rectangular.
20. The method of claim 11, wherein each one of the DPA tiles has an irregular dimension that is square nor rectangular.
Therefore, claims 1-20 of instant application are not identical as claims 1-4, 6-14, and 16-20 of Copending application18/810,725, but they are not patentable distinct from each other because claim 1-20 of instant application are a broader version of claim 1-4, 6-14, and 16-20 of Copending application No.18/810,725.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
7. 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.
A) Claims 1-2, 4-7, 10-12, 14-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over LITJENS (US 2022/0303782 A1) in view of FURUICHI (US 2025/0212006 A1).
As per claim 1, LITJENS teaches a centralized security system (CSS) (¶0052, central security for the private enterprise system) comprising: one or more processors (¶0106, processor); and a computer-readable storage media storing computer-executable instructions (¶0106, computer-readable storage media storing instructions), wherein the instructions when executed by the one or more processors cause the CSS to: receive periodically a plurality of heartbeat messages at a predetermined time interval through a secure connection (¶0043 and ¶0049, heartbeat messages are exchanged at predetermined time intervals (e.g., 20 seconds, 30 seconds, 60 seconds, and the like) though satellite connection (i.e. secure connection)), wherein the heartbeat messages are transmitted from an incumbent user of a citizens broadband radio service (CBRS) system through a secure connection (¶0043 and ¶0049, heartbeat messages are exchanged from an incumbent user of CBRS system though satellite connection), the CBRS system comprises a plurality of citizens broadband service devices (CBSDs) located in a neighborhood proximate to a dynamic protection area (DPA) (Fig.7 and ¶0043 and ¶0036, CBRS system comprises a plurality CBSD(s) located in area proximate to DPA), the DPA comprises a plurality of DPA tiles (Fig.7, DPA including PDA tiles), each one of the heartbeat messages is time stamped and includes DPA data indicating the DPA tile corresponding to a current location of the incumbent user (Fig.7 and ¶0043-44 and ¶0036, one heartbeat message is successfully received within a timeout interval such as 240 seconds or 300 seconds or other timeout interval and includes DPA data indicating DPA tile corresponding to the location of the incumbent user); identify one or more CBSDs associated with the DPA tile indicated in the heartbeat message (¶0099-101, identify CBSDs associated with DPA indicated in the heartbeat message); instruct a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD (¶0020 and ¶0041, instructing SAS to cause CBSDs for detection, e.g., using radar to detect signals for an authorized access of the CBSD).
However, LITJENS does not explicitly teach generate a move list indicating the CBSDs that interfere with the detected radar signals on the authorized radio channel; and instruct the SAS to cause the CBSDs of the move list to prevent interference with the incumbent user on the authorized radio channel according to the move list.
In the same field of endeavor, FURUICHI teaches generate a move list indicating the CBSDs that interfere with the detected radar signals on the authorized radio channel (¶0307 and ¶0258-259, generate a cluster list (i.e. due to the movement) indicating CBSD that interfere with the detected radio waves on the permitted or authorized channel); and instruct the SAS to cause the CBSDs of the move list to prevent interference with the incumbent user on the authorized radio channel according to the move list (¶0307 and ¶0255, instruct the SAS to give permission to the CBSDs of the list to protect from interference with incumbent activity on the authorized radio waves according to the cluster list).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 2 as applied to claim 1 above, LITJENS further teaches wherein the secure connection is a SATCOM link (¶0049, satellite connection (i.e. SATCOM)).
As per claim 4 as applied to claim 1 above, LITJENS further teaches identify, in the neighborhood, a region correlating to the DPA tile, wherein the one or more CBSDs are located within the region (Fig.7 and ¶0075-76, identify a region relate to DPA time and CBSDs are located within the region).
As per claim 5 as applied to claim 1 above, LITJENS does not explicitly teach wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region are associated with the PPs.
In the same field of endeavor, FURUICHI teaches wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region are associated with the PPs (¶0220 and ¶0272, the incumbent user within the DPA and DPA data indicates protection area/zone/point and CBSD within the area/region are associated with the protection zone).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 6 as applied to claim 1 above, LITJENS does not explicitly teach instruct the SAS to determine that a total transmission power of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
In the same field of endeavor, FURUICHI teaches instruct the SAS to determine that a total transmission power of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals (¶0258 and ¶0272, maximum/total transmission power of CBSD on authorized channel meets or exceeds a predetermined value).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 7 as applied to claim 1 above, LITJENS does not explicitly teach instruct the SAS to determine that an aggregate interference power spectral density of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
In the same field of endeavor, FURUICHI teaches instruct the SAS to determine that an aggregate interference power spectral density of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals (¶0173, maximum or aggregate interference power spectral density of CBSD on the authorized channel).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 10 as applied to claim 1 above, LITJENS further teaches wherein each one of the DPA tiles has an irregular dimension that is not square nor rectangular (Fig.7, DPA tiles has uneven or irregular dimension).
As per claim 11, LITJENS teaches a method for preventing interference with an incumbent user associated with a CBRS system comprising a plurality of CBSDs located in a neighborhood proximate to a DPA that comprises a plurality of DPA tiles (¶0103-104 and Fig.7, a method for protecting or preventing interference with incumbent user associated with CBRS system including CBSDs located in the area proximate to a DPA comprising DPA tiles), wherein the method comprises:
generating periodically, by the incumbent user, a plurality of heartbeat messages, wherein each one of the heartbeat messages is timestamped and includes real-time DPA data indicating the DPA tile corresponding to a current location of the incumbent user (¶0043-44 and ¶0036, heartbeat messages are exchanged at predetermined time intervals (e.g., 20 seconds, 30 seconds, 60 seconds, and the like) and one heartbeat message is successfully received within a timeout interval such as 240 seconds or 300 seconds or other timeout interval and includes DPA data indicating DPA tile corresponding to the location of the incumbent user); transmitting, by the incumbent user, the plurality of heartbeat messages to a CSS via a secure connection (¶0052 and ¶0049, exchanging heartbeat messages to central security for the private enterprise system via satellite connection (i.e. secure connection));
identifying, by the CSS, one or more CBSDs associated with the DPA tile indicated in the heartbeat message (¶0099-101, identify CBSDs associated with DPA indicated in the heartbeat message); instructing a spectrum access system (SAS) to cause the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD (¶0020 and ¶0041, instructing SAS to cause CBSDs for detection, e.g., using radar to detect signals for an authorized access of the CBSD); causing, by the SAS, the one or more CBSDs to continuously detect radar signals on an authorized radio channel of the CBSD (¶0020 and ¶0041, instructing SAS to cause CBSDs for detection, e.g., using radar to detect signals for an authorized access of the CBSD).
However, LITJENS does not explicitly teach generating a move list indicating the CBSDs that interfere with the detected radar signals on the authorized radio channel; and instructing the SAS to cause the CBSDs of the move list to prevent interference with the incumbent user on the authorized radio channel according to the move list.
In the same field of endeavor, FURUICHI teaches generating a move list indicating the CBSDs that interfere with the detected radar signals on the authorized radio channel (¶0307 and ¶0258-259, generate a cluster list (i.e. due to the movement) indicating CBSD that interfere with the detected radio waves on the permitted or authorized channel); and instructing the SAS to cause the CBSDs of the move list to prevent interference with the incumbent user on the authorized radio channel according to the move list (¶0307 and ¶0255, instruct the SAS to give permission to the CBSDs of the list to protect from interference with incumbent activity on the authorized radio waves according to the cluster list).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 12 as applied to claim 11 above, LITJENS further teaches wherein the secure connection is a SATCOM link (¶0049, satellite connection (i.e. SATCOM)).
As per claim 14 as applied to claim 11 above, LITJENS further teaches identify, by the CSS, a region in the neighborhood, wherein the region is correlating to the DPA tile, and the one or more CBSDs are located within the region (Fig.7 and ¶0075-76, identify a region relate to DPA time and CBSDs are located within the region).
As per claim 15 as applied to claim 11 above, LITJENS does not explicitly teach wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region are associated with the PPs.
In the same field of endeavor, FURUICHI teaches wherein the DPA data further indicates one or more protection points (PPs) around the incumbent user within the DPA tile, and the one or more CBSDs within the region are associated with the PPs (¶0220 and ¶0272, the incumbent user within the DPA and DPA data indicates protection area/zone/point and CBSD within the area/region are associated with the protection zone).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 16 as applied to claim 11 above, LITJENS does not explicitly teach determining, by the SAS, that a total transmission power of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
In the same field of endeavor, FURUICHI teaches determining, by the SAS, that a total transmission power of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals (¶0258 and ¶0272, maximum/total transmission power of CBSD on authorized channel meets or exceeds a predetermined value).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 17 as applied to claim 11 above, LITJENS does not explicitly teach determining, by the SAS, that an aggregate interference power spectral density of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals.
In the same field of endeavor, FURUICHI teaches determining, by the SAS, that an aggregate interference power spectral density of each one of the identified CBSDs on the authorized radio channel exceeds a predetermined threshold, based on the detected RADAR signals (¶0173, maximum or aggregate interference power spectral density of CBSD on the authorized channel).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated FURUICHI into
invention of LITJENS in order to provide a communication control apparatus, a communication control method, and a computer program capable of improving frequency utilization efficiency.
As per claim 20 as applied to claim 11 above, LITJENS further teaches wherein each one of the DPA tiles has an irregular dimension that is not square nor rectangular (Fig.7, DPA tiles has uneven or irregular dimension).
Allowable Subject Matter
8. Upon proper overcome double patenting rejection as discussed in section 6, Claims 3, 8-9, and 18-19 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.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIDEH MADANI whose telephone number is (571)272-1249. The examiner can normally be reached Monday through Friday; 9 AM to 5 PM EST.
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/FARIDEH MADANI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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