DETAILED ACTION
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 .
Status of Application
2 This instant Office Action is in response to Original Filing filed on 9/12/2024.
3. This Office Action is made Non-Final.
4. Claims 1-16 are pending.
5. Claims 3, 7, 11, and 16 are objected to for allowable subject matter.
Information Disclosure Statement
6. The information disclosure statement (IDS) submitted on 9/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
7. Claims 3, 7, 11, 16 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.
In the prior arts in combination do not render the limitations obvious the claim elements recited in the dependent claims 3, 7, 11, 16 in particular the subject matter of outputs an expected traffic volume corresponding to a combination of an area and a time; and calculates the traffic volume of the non-terrestrial network apparatus based on an expected traffic volume output according to a combination of an area located under an orbit, through which the non-terrestrial network apparatus between a current position of the non-terrestrial network apparatus and a possible position for solar charging passes, and a scheduled time at which the non-terrestrial network apparatus passes through the area; and calculates an expected power consumption to be used between the current position and the possible position for solar charging by multiplying the traffic volume of the non-terrestrial network apparatus by a unit power amount that is an amount of power consumed by unit traffic; and sets the non-terrestrial network apparatus as either a preferentially used apparatus or a non-preferentially used apparatus based on the expected power consumption and the remaining power amount.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
1. Claims 1-2, 6, 8-10, 12, 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipate by MAYER US 20220149931 hereafter Mayer.
As to Claim 1 (Currently Amended) Mayer discloses a control apparatus [i.e. Infrastructure RNF Node or Node-102] comprising [Fig. 1, Sections 0030, 0036, 0042: Embodiments of the present invention include performing load balancing across satellites based on power availability. Infrastructure node 102 may be a standalone device or resident within a satellite-based data center. RNF refers to a function instantiated within the infrastructure node that negotiates the transfer of tasks (i.e. data traffic see 0043) and provided via configured computer processor (i.e. controller) of the node]:
at least one memory [Memory-106], storing instructions, and at least one processor [Processor-104] configured to execute the instructions to [Fig. 1, Sections 0031-0032: FIG. 1 is a block diagram of an infrastructure node 102 that may be used for implementing the devices and methods disclosed herein; the infrastructure node includes an aerial (i.e. space/air) node such as a satellite; contain multiple memories, and processor such as Central Processing Unit (CPU). The memory-106 comprise non-transitory system memory, readable by the processor-104; the memory 106 may include for program and data storage for use while executing programs]:
acquire a traffic volume [Section 0005: Generally, capacity of satellite network involves amount (i.e. volume) of traffic and power consumption] and a remaining power amount [i.e. Power, energy or battery level, or charging status] of a non-terrestrial network [i.e. Satellite Network] apparatus [i.e. Satellite Nodes/Infrastructure node] moving on a predetermined orbit [Fig. 2 (Depicts orbit of infrastructure nodes that include satellite network nodes moving around the Earth-206 with the Sun-204 following orbital path, see sections 0026, 0038), Sections 0043, 0048, 0049, 0052: Determining by RNF, the processing and communication capabilities of the first and second infrastructure node related to a power availability. The RNF process determines based on battery (i.e. power) state of the first infrastructure node, loading (i.e. traffic) of the first node, a quality of service (QoS) of the node, traffic including link information; and determine if, the infrastructure node in area of low/high traffic. Examples of processes by the RNF include routing table computations that includes traffic information. In embodiments, state information exchanged between infrastructure nodes using status update messages; state information represent the current capabilities, availability of processing capabilities, energy (i.e. power) storage levels, charging status, and etc; the process coupled to a signaling mechanism that negotiates the exchange of processing information and resources],
and control [i.e. Performing migrating or load (traffic) balance] the non-terrestrial network apparatus [i.e. Satellite Nodes/Infrastructure node] based on the acquired traffic volume and remaining power amount [Sections 0030, 0043, 0052: Performing load balancing across satellites based on power availability. Determining, by RNF, that a first infrastructure node has a capacity limitation, power limitation, processing limitation, and a communication limitation due to limited available power, and in response to the determination migrating the task from the first infrastructure node to a second infrastructure node being a satellite having higher processing capabilities; and the migration performed by the RNF includes migrating a task such as data traffic. Offloading of processing and communication tasks based on state information (i.e. includes traffic and power information see 0049, 0052) exchanged].
As to Claim 2 (Currently Amended) Mayer discloses the control apparatus [i.e. Infrastructure RNF Node or Node-102] according to claim 1, wherein the at least one processor [Fig. 1, Section 0031]
acquires from another non-terrestrial network apparatus [i.e. Second Node/Satellite] located between a current position of the non-terrestrial network apparatus and a possible position for solar charging on the predetermined orbit, a traffic volume [Sections 0005, 0038: Generally, capacity of satellite network involves amount (i.e. volume) of traffic and power consumption. Multiple different orbits may be provided to form a satellite constellation; and the satellites are powered by solar energy, which charges a battery] of the another non-terrestrial network apparatus as an expected traffic volume and calculates the traffic volume of the non-terrestrial network apparatus based on the expected traffic volume [Fig. 2 (Depicts orbit of infrastructure nodes that include satellite network nodes moving around the Earth-206 following orbital path), Sections 0030, 0043, 0049, 0052: Performing load (i.e. traffic) balancing across satellites, which is based on power availability, solar panel charging capabilities, current or anticipated future battery or the like. Determining by RNF, the processing and communication capabilities of the first and second infrastructure node related to a power availability. Examples of processes by the RNF include routing table computations (i.e. calculate) that includes traffic information. State information exchanged between infrastructure nodes (i.e. includes second node) using status update messages; state information represent the current capabilities, availability of processing capabilities, energy (i.e. power) storage levels, charging status, and etc].
As to Claim 6 (Currently Amended) Mayer discloses the control apparatus [i.e. Infrastructure RNF Node or Node-102] according to claim 1, wherein the at least one processor [Fig. 1, Section 0031] sets the non-terrestrial network apparatus as either a preferentially used apparatus or a non-preferentially used apparatus based on the traffic volume and the remaining power amount of the non-terrestrial network apparatus [Sections 0043, 0048: Determining by RNF, the processing and communication capabilities of the first and second infrastructure node related to a power availability; and that a first infrastructure node has a capacity limitation and power limitation, due to limited available power, and migrating the task (data traffic) from the first infrastructure node to a second infrastructure node. The RNF process determines based on battery (i.e. power) state of the first infrastructure node, loading (i.e. traffic) of the first node, traffic including link information; and determine if, the infrastructure node in area of low/high traffic].
As to Claim 8 (Currently Amended) Mayer discloses a non-terrestrial network apparatus [i.e. Infrastructure RNF Node or Node-102] comprising: the control apparatus according to claim 1 [See Claim 1 because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 9 (Original) Mayer discloses a control method comprising[Fig. 1, Sections 0030, 0036, 0042]: acquiring a traffic volume [Section 0005: Generally, capacity of satellite network involves amount (i.e. volume) of traffic and power consumption] and a remaining power amount [i.e. Power, energy or battery level, or charging status] of a non-terrestrial network [i.e. Satellite Network] apparatus [i.e. Satellite Nodes/Infrastructure node] moving on a predetermined orbit [Fig. 2 (Depicts orbit of infrastructure nodes that include satellite network nodes moving around the Earth-206 with the Sun-204 following orbital path, see sections 0026, 0038), Sections 0043, 0048, 0049, 0052: Determining by RNF, the processing and communication capabilities of the first and second infrastructure node related to a power availability. The RNF process determines based on battery (i.e. power) state of the first infrastructure node, loading (i.e. traffic) of the first node, a quality of service (QoS) of the node, traffic including link information; and determine if, the infrastructure node in area of low/high traffic. Examples of processes by the RNF include routing table computations that includes traffic information. In embodiments, state information exchanged between infrastructure nodes using status update messages; state information represent the current capabilities, availability of processing capabilities, energy (i.e. power) storage levels, charging status, and etc; the process coupled to a signaling mechanism that negotiates the exchange of processing information and resources];
and controlling [i.e. Performing migrating or load (traffic) balance] the non-terrestrial network apparatus [i.e. Satellite Nodes/Infrastructure node] based on the acquired traffic volume and remaining power amount [Sections 0030, 0043, 0052: Performing load balancing across satellites based on power availability. Determining, by RNF, that a first infrastructure node has a capacity limitation, power limitation, processing limitation, and a communication limitation due to limited available power, and in response to the determination migrating the task from the first infrastructure node to a second infrastructure node being a satellite having higher processing capabilities; and the migration performed by the RNF includes migrating a task such as data traffic. Offloading of processing and communication tasks based on state information (i.e. includes traffic and power information see 0049, 0052) exchanged].
As to Claim 10 (Original) The control method according to claim 9, wherein the acquiring the traffic volume and the remaining power amount of the non-terrestrial network apparatus includes acquiring, from another non-terrestrial network apparatus located between a current
position of the non-terrestrial network apparatus and a possible position for solar charging on the predetermined orbit, a traffic volume of the another non-terrestrial network apparatus as an expected traffic volume and calculating the traffic volume of the non-terrestrial network apparatus based on the expected traffic volume [See Claim 2 because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 12 (Original) Mayer discloses a non-transitory computer readable medium [Memory-106] storing a program causing a control apparatus [i.e. Infrastructure RNF Node or Node-102] to execute processing including [Fig. 1, Sections 0031-0032: FIG. 1 is a block diagram of an infrastructure node 102 that may be used for implementing the devices and methods disclosed herein; the infrastructure node includes an aerial (i.e. space/air) node such as a satellite; contain multiple memories, and processor such as Central Processing Unit (CPU). The memory-106 comprise non-transitory system memory, readable by the processor-104; the memory 106 may include for program and data storage for use while executing programs]:
acquiring a traffic volume [Section 0005: Generally, capacity of satellite network involves amount (i.e. volume) of traffic and power consumption] and a remaining power amount [i.e. Power, energy or battery level, or charging status] of a non-terrestrial network [i.e. Satellite Network] apparatus [i.e. Satellite Nodes/Infrastructure node] moving on a predetermined orbit [Fig. 2 (Depicts orbit of infrastructure nodes that include satellite network nodes moving around the Earth-206 with the Sun-204 following orbital path, see sections 0026, 0038), Sections 0043, 0048, 0049, 0052: Determining by RNF, the processing and communication capabilities of the first and second infrastructure node related to a power availability. The RNF process determines based on battery (i.e. power) state of the first infrastructure node, loading (i.e. traffic) of the first node, a quality of service (QoS) of the node, traffic including link information; and determine if, the infrastructure node in area of low/high traffic. Examples of processes by the RNF include routing table computations that includes traffic information. In embodiments, state information exchanged between infrastructure nodes using status update messages; state information represent the current capabilities, availability of processing capabilities, energy (i.e. power) storage levels, charging status, and etc; the process coupled to a signaling mechanism that negotiates the exchange of processing information and resources];
and controlling [i.e. Performing migrating or load (traffic) balance] the non-terrestrial network apparatus [i.e. Satellite Nodes/Infrastructure node] based on the acquired traffic volume and remaining power amount [Sections 0030, 0043, 0052: Performing load balancing across satellites based on power availability. Determining, by RNF, that a first infrastructure node has a capacity limitation, power limitation, processing limitation, and a communication limitation due to limited available power, and in response to the determination migrating the task from the first infrastructure node to a second infrastructure node being a satellite having higher processing capabilities; and the migration performed by the RNF includes migrating a task such as data traffic. Offloading of processing and communication tasks based on state information (i.e. includes traffic and power information see 0049, 0052) exchanged].
As to Claim 15 (New) The control method according to claim 9, wherein the controlling of the non-terrestrial network apparatus includes setting the non-terrestrial network apparatus as either a preferentially used apparatus or a non-preferentially used apparatus based on
the traffic volume and the remaining power amount of the non-terrestrial network apparatus. [See Claim 6 because both claims have similar subject matter therefore similar rejection applies herein].
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.
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.
2. Claims 4-5 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over
MAYER US 20220149931 hereafter Mayer in view of Speidel et al. US 20220052753 hereafter Speidel.
As to Claim 4 (Currently Amended) Mayer discloses the control apparatus [i.e. Infrastructure RNF Node or Node-102] according to claims 1, wherein the at least one processor [Fig. 1, Section 0031]
Mayer is silent on the phrase beamforming thus doesn’t explicitly state controls power of a beam of the non-terrestrial network apparatus formed by beamforming based on the traffic volume and the remaining power amount of the non-terrestrial network apparatus.
However, Speidel teaches controls [i.e. Processor, Section 0185: A spacecraft in orbit or Satellite Platform-A.5 that provides infrastructure comprise structure housing electronics such as computers, radios, processors, memory, etc. that are intended to run various functions on the satellite] power of a beam of the non-terrestrial network apparatus [i.e. Satellite/Spacecraft] formed by beamforming based on the traffic volume and the remaining power amount of the non-terrestrial network apparatus [Sections 0186, 0189, 0272, 0419: The spacecraft/satellite have solar panels to collect solar power and processors to monitor and track various telemetry readings including position, velocity, battery capacity, power in from arrays. The spacecraft may be equipped with an antenna to implement a phased array of beamforming, in which case it may track, monitor, and change circumflex for some beam, i, in the coverage footprint. A beamforming satellite provide coverage to multiple polygons/devices. As a result, the space network can determine what satellite might be appropriate satellite to deliver the traffic to and traffic load around network].
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to have combined the methods of Mayer relating to a satellite/ non-terrestrial network apparatus gathering data on other satellites regarding traffic volume/amount or load information and battery/power level/capacity/remaining power with the teaching of Speidel relating to satellites have beamforming capabilities, and track various readings/information including battery capacity/power, traffic and velocity. By combining the method/system, the control apparatus or control satellite can perform control methods based on beams, traffic and power which would allow routing of traffic/data to other high processing satellites thereby to optimize traffic flow as suggested by both Mayer and Speidel.
As to Claim 5 (Currently Amended) Mayer discloses the control apparatus [i.e. Infrastructure RNF Node or Node-102] according to claim 1, wherein the at least one processor [Fig. 1, Section 0031]
Mayer is silent on the phrase beamforming thus doesn’t explicitly state controls a diameter and power of a beam of the non-terrestrial network apparatus formed by beamforming based on the traffic volume and the remaining power amount of the non-terrestrial network apparatus.
However, Speidel teaches controls [i.e. Processor, Section 0185: A spacecraft in orbit or Satellite Platform-A.5 that provides infrastructure comprise structure housing electronics such as computers, radios, processors, memory, etc. that are intended to run various functions on the satellite] a diameter and power of a beam of the non-terrestrial network apparatus formed by beamforming based on the traffic volume and the remaining power amount of the non-terrestrial network apparatus [Sections 0186, 0196, 0258, 0419: The spacecraft/satellite have solar panels to collect solar power and processors to monitor and track various telemetry readings including position, velocity, battery capacity, power in from arrays. Satellites position, power, orientation and whether the node is capable of maintaining a steady beam in the coverage area as it moves through space, etc. can change and be programmed. For the space network, coverage may correspond to a diameter corresponding to a size that a set of antennas on orbiting and beam width at that frequency. As a result, the space network can determine what satellite might be appropriate satellite to deliver the traffic to and traffic load around network].
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to have combined the methods of Mayer relating to a satellite/ non-terrestrial network apparatus gathering data on other satellites regarding traffic volume/amount or load information and battery/power level/capacity/remaining power with the teaching of Speidel relating to satellites have beamforming capabilities, and track various readings/information including battery capacity/power, traffic and velocity. By combining the method/system, the control apparatus or control satellite can perform control methods based on beams, traffic and power which would allow routing of traffic/data to other high processing satellites thereby to optimize traffic flow as suggested by both Mayer and Speidel.
As to Claim 13 (New) The control method according to claim 9, wherein the controlling of the non-terrestrial network apparatus includes controlling power of a beam of the non-terrestrial network apparatus formed by beamforming based on the traffic volume and the
remaining power amount of the non-terrestrial network apparatus [See Claim 4 because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 14 (New) The control method according to claim 9, wherein the controlling of the non-terrestrial network apparatus includes controlling a diameter and power of a beam of the non-terrestrial network apparatus formed by beamforming based on the traffic volume
and the remaining power amount of the non-terrestrial network apparatus [See Claim 5 because both claims have similar subject matter therefore similar rejection applies herein].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: MATSUI et al. US 20250168740.
Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
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July 17, 2026
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477
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