Prosecution Insights
Last updated: October 02, 2026
Application No. 18/846,730

CONTROL DEVICE, CONTROL METHOD, AND NON-TRANSITORY COMPUTER-READABLE MEDIUM

Non-Final OA §103
Filed
Sep 13, 2024
Priority
Mar 24, 2022 — nonprovisional of PCTJP2022013943
Examiner
LING, CHHIAN
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
401 granted / 460 resolved
+27.2% vs TC avg
Strong +26% interview lift
Without
With
+25.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
16 currently pending
Career history
470
Total Applications
across all art units

Statute-Specific Performance

§101
13.7%
-26.3% vs TC avg
§103
59.3%
+19.3% vs TC avg
§102
11.1%
-28.9% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 460 resolved cases

Office Action

§103
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 . DETAILED ACTION 2. This Office Action is in response to application filed on 09/13/2024. Claims 1-19 were previously pending. Claims 1-19 are rejected. Information Disclosure Statement 3. The information disclosure statement(s) (IDS) submitted on 09/13/2024 is/are is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS(s) is/are being considered by the examiner. Specification 4. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “Control Device Selects Usage Communication Path From Among Direct Path And Indirect Path On Basis Of Information Pertaining To Interference”. Claim Objections Claim 11 objected to because of the following informalities: “switching the usage communication path includes” appears to be a typo for “switching the usage communication path to include” since the switching step is first introduced in claim 11 and therefore lacks antecedent basis. This is not a 112 rejection as it appears to be typo. Appropriate correction is required. Claim Rejections - 35 USC § 103 5. 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 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. 5.1. 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 of this title, 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. 5.2. 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. 5.3. Claim(s) 1, 10, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Kumagai et al., (“Kuma”, CN 118525563 A) in view of Evans et al., (“Evans”, US 2006/0205346 A1), and further in view of Peng et al., (“Peng”, US 2021/0112469 A1). Regarding Claim 1, Kuma teaches, A control apparatus (FIG.13 10C) configured to control a usage communication path used for transmitting a signal to a terminal apparatus (20) in a communication system including a non-terrestrial network apparatus (10A) included in a first non-terrestrial network, and a terrestrial relay apparatus (30) including a reconfigurable intelligent surface (RIS) , the control apparatus comprising (Kuma, FIG.13, gNB 10, terminal 20, satellite 10A, [0104]: A non-terrestrial network (NTN) includes gNB 10C and the terminal 20 may communicate via the intelligent repeater 30; [0055]: the intelligent repeater 30 includes a RIS; FIG.6, base station 10, [0074, 76, 63]:The base station 10 (“control apparatus”) performs, for example, resource allocation, : at least one memory (FIG.14 1002) storing instructions, and at least one processor (FIG.14, 1001) configured to execute, according to the instructions, processing including (Kuma, FIG.14, processor 1001, storage device 1002, [0126, 128]: processor 1001 performs an operation to control communication according to the instructions stored in storage device 1002); selecting the usage communication path from a direct path (FIG.13, service link #0) for direct transmission from the non-terrestrial network apparatus (10A) to the terminal apparatus (20), and an indirect path (service link #1) in which a signal transmitted from the non-terrestrial network apparatus (10A) indirectly reaches the terminal apparatus (20) via the terrestrial relay apparatus (30), (Kuma, [0104-109]: selecting a service link #0 without via the intelligent repeater 30, or a service link #1 and a service link #2 via the intelligent repeater 30 according to channel, signal). Kuma does not expressly teach acquiring information about interference received, from a signal transmitted from a second non-terrestrial network, by a signal directly transmitted from the non-terrestrial network apparatus to the terminal apparatus; and selecting the usage communication path based on the information about the interference. Evans teaches acquiring information about interference received, from a signal transmitted from a(150), by a signal directly transmitted from the non-terrestrial network apparatus (110) to the terminal apparatus (120) (Evans, FIG.1, satellite 110 160, radioterminal 120, satellite communications system 100, 150, interference reduction component 190, [0031]: terrestrial and/or satellite communications by components of the second satellite communications system 150 can introduce interference into communications (data, video, voice, etc. . . . ) between, for example, the radioterminal 120 and satellite 110 of the first satellite communication system 100. [0034]: receive signal contain interference from interference paths 188 189). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path as taught by Kuma, to acquire information from a terminal as taught by Evans. Doing so provides a method to select the usage communication path based on the acquired information (Evans, FIG.1, [0031]). Kuma-Evans does not expressly teach selecting the usage communication path based on the information Peng teaches selecting the usage communication path based on the information about the (Peng, FIG.5, [0061]: gNB4 (“control apparatus”) may acquire from a terminal apparatus, for example, in order to notify the path information, information regarding the service requested by the terminal apparatus (step S501), specify the communication path with which the service request is satisfied based on the information (step S503), and notify the terminal apparatus of the information regarding the specified communication path. Also, gNB4 may acquire information regarding the load of each communication path, the delay amount, the throughput, the reliability, and the like, by monitoring paths (step S502), Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information as taught by Kuma-Evans, to acquire interference as taught by Peng. Doing so provides a method to select the usage communication path based on the acquired interference (Peng, FIG.5, [0061]). Regarding Claim 10 see similar rejection to Claim 1. Regarding Claim 12, Kuma teaches, A non-transitory computer-readable medium (FIG.14 1002) storing a program causing a control apparatus (10C) in a communication system to execute processing (Kuma, FIG.14, [0130-131]: The storage device 1002 is a computer-readable recording medium, the processor 1001 reads out the program code, and execute), wherein the communication system includes a non-terrestrial network apparatus (10A) included in a first non-terrestrial network, and a terrestrial relay apparatus (30) including a reconfigurable intelligent surface (RIS) (Kuma, FIG.13, gNB 10, terminal 20, satellite 10A, [0104]: A non-terrestrial network (NTN) includes gNB 10C and the terminal 20 may communicate via the intelligent repeater 30; [0055]: the intelligent repeater 30 includes a RIS; FIG.6, base station 10, [0074, 76, 63]:The base station 10 (“control apparatus”) performs, for example, resource allocation, , the processing includes selecting a usage communication path used for transmitting a signal to a terminal apparatus (20) in the communication system, from a direct path (FIG.13, service link #0) for direct transmission from the non-terrestrial network apparatus (10A) to the terminal apparatus (20), and an indirect path (service link #1 #2) for indirect transmission from the non-terrestrial network apparatus (10A) to the terminal apparatus (20) via the terrestrial relay apparatus (30), (Kuma, [0104-109]: selecting a service link #0 without via the intelligent repeater 30, or a service link #1 and a service link #2 via the intelligent repeater 30 according to channel, signal). Kuma does not expressly teach acquiring information about interference received, from a signal transmitted from a second non-terrestrial network, by a signal directly transmitted from the non-terrestrial network apparatus to a terminal apparatus, and selecting a usage communication path based on the information about the interference. Evans teaches acquiring information about interference received, from a signal transmitted from a second non-terrestrial network, by a signal directly transmitted from the non-terrestrial network apparatus to a terminal apparatus (Evans, FIG.1, satellite 110 160, radioterminal 120, satellite communications system 100, 150, interference reduction component 190, [0031]: terrestrial and/or satellite communications by components of the second satellite communications system 150 can introduce interference into communications (data, video, voice, etc. . . . ) between, for example, the radioterminal 120 and satellite 110 of the first satellite communication system 100. [0034]: receive signal contain interference from interference paths 188 18). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path as taught by Kuma, to acquire information from a terminal as taught by Evans. Doing so provides a method to select the usage communication path based on the acquired information (Evans, FIG.1, [0031]). Kuma-Evans does not expressly teach selecting a usage communication path based on the information about the interference. Peng teaches selecting a usage communication path (Peng, FIG.5, [0061]: gNB4 (“control apparatus”) may acquire from a terminal apparatus, for example, in order to notify the path information, information regarding the service requested by the terminal apparatus (step S501), specify the communication path with which the service request is satisfied based on the information (step S503), and notify the terminal apparatus of the information regarding the specified communication path. Also, gNB4 may acquire information regarding the load of each communication path, the delay amount, the throughput, the reliability, and the like, by monitoring paths (step S502)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information as taught by Kuma-Evans, to acquire interference as taught by Peng. Doing so provides a method to select the usage communication path based on the acquired interference (Peng, FIG.5, [0061]). 5.4. Claim(s) 2-4, 11, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Kumagai et al., (“Kuma”, CN 118525563 A) in view of Evans et al., (“Evans”, US 2006/0205346 A1) and Peng et al., (“Peng”, US 2021/0112469 A1), and further in view of Bouchired et al., (“Bou”, EP 1474878 B1). Regarding Claim 2, Kuma-Evans-Peng teaches, The control apparatus according to claim 1, wherein the indirect path includes a first indirect path (service link#1 #2) in which a signal transmitted from the first non-terrestrial network apparatus (10A) indirectly reaches the terminal apparatus (20) via the terrestrial relay apparatus (30), and a (20) via the terrestrial relay apparatus (30) (Kuma, [0104]: an indirect path service link #1 #2 via the repeater 30, and another indirect path service link is also via the repeater 30), the processing includes acquiring first information about a reception gain in the terminal apparatus of a signal passing through the first indirect path, and reception gain in the terminal apparatus of a signal passing through the (Evan, [0034]: receive signal contain interference from interference paths), and the selecting includes selecting the usage communication path from the first indirect path and the (Peng, [0061]: gNB4 (“control apparatus”) specify the communication path with which the service request is satisfied based on the information, and notify the terminal apparatus of the information regarding the specified communication path). Kuma-Evans-Peng does not expressly teach the first non-terrestrial network includes a first non-terrestrial network apparatus (FIG.1a, S1) and a second non-terrestrial network apparatus (S2), a second indirect path for indirect transmission from the second non-terrestrial network apparatus (S2) to the terminal apparatus via the terrestrial relay apparatus (R1) Bou teaches the first non-terrestrial network includes a first non-terrestrial network apparatus (S1) and a second non-terrestrial network apparatus (S2) (Bou, FIG.1a, satellite S, [0018]: includes satellites S1, S2), a second indirect path for indirect transmission from the second non-terrestrial network apparatus (S2) to the terminal apparatus via the terrestrial relay apparatus (R1) (Bou, [0018, 22]:Satellite S2 broadcast towards a terrestrial repeater R1 which is capable of receiving, processing and re-transmitting a beam received) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired interference in a satellite system as taught by Kuma-Evans-Peng, to include two satellites in a satellite system as taught by Bou. Doing so provides a method to select the usage communication path based on the acquired interference in a satellite system includes 2 satellites and 1 relay (Bou , FIG.1a, [0018]). Regarding Claim 3, Kuma-Evans-Peng teaches, The control apparatus according to claim 1, wherein (20) via the terrestrial relay apparatus (30) (Kuma, [0104]: an indirect path service link #1 via the repeater 30, and another indirect path service link #2 is also via the repeater 30), a the processing includes acquiring first information about a reception gain in the terminal apparatus of a signal passing through the first indirect path, and (Evan, [0034]: receive signal contain interference from interference paths), and the selecting includes selecting the usage communication path from the first indirect path and the (Peng, [0061]: gNB4 (“control apparatus”) specify the communication path with which the service request is satisfied based on the information, and notify the terminal apparatus of the information regarding the specified communication path). Kuma-Evans-Peng teaches does not expressly teach the communication system includes a second terrestrial relay apparatus, . Bou teaches the communication system includes a second terrestrial relay apparatus, (Bou, FIG.3, satellite S, repeater R. [0029]: the satellite system includes second terrestrial repeater R2, Satellite S broadcast towards a terrestrial repeaters R2 which is capable of receiving, processing and re-transmitting a beam received). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired interference in a satellite system, as taught by Kuma-Evans-Peng, to include two relays in a satellite system, as taught by Bou. Doing so provides a method to select the usage communication path based on the acquired interference in a satellite system including 2 relays (Bou, FIG.3, [0029]). Regarding Claim 4, Kuma-Evans-Peng teaches, The control apparatus (10C) according to claim 1, wherein the indirect path includes a first indirect path (service link#1 #2) in which a signal transmitted from the first non-terrestrial network apparatus (10A) indirectly reaches the terminal apparatus (20) via the terrestrial relay apparatus (30), (Kuma, [0104-109]: selecting a service link #0 without via the intelligent repeater 30, or a service link #1 and a service link #2 via the intelligent repeater 30 according to channel, signal), the processing includes acquiring first information about a reception gain in the terminal apparatus (20) of a signal passing through the first indirect path, and reception gain in the terminal apparatus (20) of a signal passing through the (Evans, [0034]: receive signal contain interference from interference paths 188 189), and the selecting includes selecting the usage communication path from the first indirect path and the (Peng, FIG.5, [0061]: gNB4 (“control apparatus”) specify the communication path with which the service request is satisfied based on the information, and notify the terminal apparatus of the information regarding the specified communication path). Kuma-Evans-Peng does not expressly teach the first non-terrestrial network includes a first non-terrestrial network apparatus, a second non-terrestrial network apparatus, and a second terrestrial relay apparatus, , and a fourth indirect path for indirect transmission from the second non-terrestrial network apparatus to the terminal apparatus via the second terrestrial relay apparatus. Bou teaches the first non-terrestrial network includes a first non-terrestrial network apparatus (S1), a second non-terrestrial network apparatus (S2), and a second terrestrial relay apparatus (R2) (Bou, FIG.2a, [0022-23]: satellite system includes satellite S1, S2 and terrestrial repeater R1, R2), , and a fourth indirect path for indirect transmission from the second non-terrestrial network apparatus (S2) to the terminal apparatus via the second terrestrial relay apparatus (R2) (Bou, [0026]:Satellite S2 broadcast towards a terrestrial repeater R2 which is capable of receiving, processing and re-transmitting a beam received from S2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired interference in a satellite system, as taught by Kuma-Evans-Peng, to include two satellites and two relays in a satellite system, as taught by Bou. Doing so provides a method to select the usage communication path based on the acquired interference in a satellite system includes 2 satellites and 2 relays (Bou, FIG.2a, [0022-23]). Regarding Claims 11, 13-14 see similar rejection to Claims 2-4 respectively. 5.5. Claim(s) 5-6, 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Kumagai et al., (“Kuma”, CN 118525563 A) in view of Evans et al., (“Evans”, US 2006/0205346 A1) and Peng et al., (“Peng”, US 2021/0112469 A1), and further in view of Irani, (CN 107251452 A). Regarding Claim 5, Kuma-Evans-Peng teaches, The control apparatus according to claim 1, the selecting includes selecting, as the usage communication path, the direct path (service link#0) or any one of a terrestrial path for transmission to the terminal apparatus (20) (service link#1 2) (Kuma, [0104]: an indirect path service link #1 #2 via the repeater 30). Kuma-Evans-Peng does not expressly teach wherein the communication system includes a land network, and Irani teaches wherein the communication system (10) includes a land network (30) (Irani, FIG.1, communication network 10, UE 20, LTE network 30, eNodeB 31, satellite 40, [0057]: includes satellites 40, a LTE network 30 ), and the selecting(Irani, FIG.1, UE 50, [0059, 33]: One satellite 40 be shown as in space by LTE communication agreement directly with UE 50 is communicated. Space nodes directly can provide business to UE 20, and the X2 agreements defined via LTE are communicated with other eNB 31 and space nodes, and via S1 interface protocols that LTE 30 is defined). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired interference in a satellite system, as taught by Kuma-Evans-Peng, to include a land network in a satellite system, as taught by Irani. Doing so provides a method to select the usage communication path based on the acquired interference in a satellite system including a land network (Irani, FIG.1, [0059, 33]). Regarding Claim 6, Kuma-Evans-Peng-Irani teaches, The control apparatus according to claim 5, wherein the selecting includes selecting the usage communication path from the terrestrial path and the indirect path, based on a characteristic of data included in the signal (Irani, [0002]: high data rate traffic of such as video etc., Machine To Machine (M2M) communication is with other compared with low rate traffic; [0106]: It can be held based on priority, the availability of business and the mobile related information to UE equipment 20 provided etc.). Regarding Claims 15-16 see similar rejection to Claims 5-6 respectively. 5.6. Claim(s) 7-9, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Kumagai et al., (“Kuma”, CN 118525563 A) in view of Evans et al., (“Evans”, US 2006/0205346 A1) and Peng et al., (“Peng”, US 2021/0112469 A1), and further in view of Bouchired et al., (“Bou”, EP 1474878 B1) and Irani, (CN 107251452 A). Regarding Claim 7, Kuma-Evans-Peng teaches, The control apparatus according to claim 1, wherein the indirect path includes a first indirect path (service link #1 #2) in which a signal transmitted from the first non-terrestrial network apparatus (10A) indirectly reaches the terminal apparatus (20) via the terrestrial relay apparatus (30) (Kuma,[0104]: NTN providing communication via the intelligent repeater 30), the selecting includes selecting the usage communication path from the first indirect path (10A) (Kuma, [0104]: selecting an appropriate link via the intelligent repeater 30), Kuma-Evans-Peng does not expressly teaches the first non-terrestrial network includes a first non-terrestrial network apparatus and a second non-terrestrial network apparatus, and the selecting includes selecting the usage communication path from , a position of the second non-terrestrial network apparatus (S2), and a position of the terminal apparatus. Bou teaches the first non-terrestrial network includes a first non-terrestrial network apparatus (S1) and a second non-terrestrial network apparatus (S2) (Bou, FIG.1a, satellite S1, S2, [0018]: includes satellites S1, S2), and a terrestrial repeater R1), the indirect path includes , (S2) to the terminal apparatus via the terrestrial relay apparatus (R1) (Bou, [0018]: the satellite S2 broadcasts towards a terrestrial repeater R1 which is capable of receiving, processing and re-transmitting a beam broadcast from the satellite S2), and Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information in a satellite system, as taught by Kuma-Evans-Peng, to include two satellites in a satellite system, as taught by Bou. Doing so provides a method to select the usage communication path based on the acquired information in a satellite system including 2 satellites (Bou, [0018]). Kuma-Evans-Peng-Bou does not expressly teach Irani teaches (Irani, [0106]: It can be held based on priority, the availability of business and the mobile related information to UE equipment 20 provided etc. The scheduling of any communication in these communications of row. Resource Availability can be the key function of this scheduling, and NMM 76 can Other satellites 40 or land eNB 31 relative position and availability or usable spectrum bandwidth are determined). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information in a satellite system includes two satellites, as taught by Kuma-Evans-Peng, the communication is based on the position of satellite as taught by Irani. Doing so provides a method to select the usage communication path based on the acquired information in a satellite system includes two satellites and based on the position of satellite (Irani, [0106]). Regarding Claim 8, Kuma-Evans-Peng teaches, The control apparatus (10C) according to claim 1, wherein the indirect path includes a first indirect path (service link#1 #2) in which a signal transmitted from the non-terrestrial network apparatus (10A) indirectly reaches the terminal apparatus (20) via the terrestrial relay apparatus (30), and a (20) via the (30) (Kuma, [0104]: an indirect path service link #1 #2 via the repeater 30, and another indirect path service link is also via the repeater 30), and the selecting includes selecting the usage communication path from the first indirect path and the (Peng, [0061]: gNB4 (“control apparatus”) specify the communication path with which the service request is satisfied based on the information, and notify the terminal apparatus of the information regarding the specified communication path). Kuma-Evans-Peng does not expressly teach the communication system includes a second terrestrial relay apparatus, the indirect path and a third indirect path for indirect transmission from the non-terrestrial network apparatus to the terminal apparatus (20) via the second terrestrial relay apparatus, the selecting includes Bou teaches the communication system includes a second terrestrial relay apparatus (R2) (Bou, FIG.3, satellite S, terrestrial repeater R, [0029]: includes second terrestrial repeater R2), the indirect path and a third indirect path for indirect transmission from the non-terrestrial network apparatus to the terminal apparatus (20) via the second terrestrial relay apparatus (Bou, [0029]:Satellite S broadcast towards a terrestrial repeater R2 which is capable of receiving, processing and re-transmitting a beam received). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information in a satellite system, as taught by Kuma-Evans-Peng, to include two relays in a satellite system, as taught by Bou. Doing so provides a method to select the usage communication path based on the acquired information in a satellite system including two relays (Bou, [0029]). Kuma-Evans-Peng-Bou does not expressly teach the selecting includes Irani teaches the selecting includes (Irani, [0106]: It can be held based on priority, the availability of business and the mobile related information to UE equipment 20 provided etc. The scheduling of any communication in these communications of row. Resource Availability can be the key function of this scheduling, and NMM 76 can Other satellites 40 or land eNB 31 relative position and availability or usable spectrum bandwidth are determined). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information in a satellite system includes 2 satellites, as taught by Kuma-Evans-Peng, the communication is based on the position of satellite as taught by Irani. Doing so provides a method to select the usage communication path based on the acquired information in a satellite system includes 2 satellites and based on the position of satellite (Irani, [0106]). Regarding Claim 9, Kuma-Evans-Peng teaches, The control apparatus (10C) according to claim 1, wherein the first non-terrestrial network includes a first non-terrestrial network apparatus (10A),(10A) indirectly reaches the terminal apparatus (20) via the terrestrial relay apparatus (30), and a (20) via the second terrestrial relay apparatus (30) (Kuma, [0104]: an indirect path service link #1 #2 from satellite 10A to terminal 20 via the repeater 30), and the selecting includes selecting the usage communication path from the first indirect path and the (Peng, [0061]: gNB4 (“control apparatus”) specify the communication path with which the service request is satisfied based on the information, and notify the terminal apparatus of the information regarding the specified communication path). Kuma-Evans-Peng does not expressly teach the first non-terrestrial network includes and a fourth indirect path for indirect transmission from the via the second terrestrial relay apparatus, and the selecting includes selecting the usage communication path from Bou teaches the first non-terrestrial network includes (S2), and a second terrestrial relay apparatus (R2), and a fourth indirect path for indirect transmission from the second non-terrestrial network apparatus to the terminal apparatus via the second terrestrial relay apparatus (Bou, FIG.2a, satellite S, repeater R, [0023]: a satellite system includes satellites S1, S2, terrestrial repeaters R1, R2 are capable of receiving, processing and re-transmitting said respective beams). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information in a satellite system, as taught by Kuma-Evans-Peng, to include two satellites and two relays in a satellite system, as taught by Bou. Doing so provides a method to select the usage communication path based on the acquired information in a satellite system including two satellites and two relays (Bou, FIG.2a, [0023]). Kuma-Evans-Peng-Bou does not expressly teach the selecting Irani teaches the selecting (Irani, [0106]: It can be held based on priority, the availability of business and the mobile related information to UE equipment 20 provided etc. The scheduling of any communication in these communications of row. Resource Availability can be the key function of this scheduling, and NMM 76 can Other satellites 40 or land eNB 31 relative position and availability or usable spectrum bandwidth are determined). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the usage communication path based on the acquired information in a satellite system includes two satellites, as taught by Kuma-Evans-Peng, the communication is based on the position of satellite as taught by Irani. Doing so provides a method to select the usage communication path based on the acquired information in a satellite system includes two satellites and based on the position of satellite (Irani, [0106]). Regarding Claims 17-19 see similar rejection to Claims 7-9 respectively. Conclusion 6. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Li et al., US 2024/0284504 A1, Method For Performing Fifth Generation Communication For Sensing Based Interference Management Of E.g. Network Node, Involves Performing Sensing Operation To Acquire Sensing Result Of Node, And Reporting Sensing Result To Base Station. 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHHIAN (AMY) LING whose telephone number is (571)270-1074. The examiner can normally be reached M-F 9-6 ET. 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, MOO JEONG can be reached at (571)272-9617. 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. /C.L./ Examiner Art Unit 2418 /MICHAEL A KELLER/Primary Patent Examiner, Art Unit 2418
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Prosecution Timeline

Sep 13, 2024
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+25.6%)
2y 5m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 460 resolved cases by this examiner. Grant probability derived from career allowance rate.

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Free tier: 3 strategy analyses per month