DETAILED ACTION
This office action is a response to Preliminary Amendment made to an Application No. 18/911,939 filed on 10/10/2024 in which claims 3, 10, 12, and 15-20 are canceled; claims 1, 4, 8, and 11 are amended; and no new claims are added.
Accordingly, claims 1-2, 4-9, 11, and 13-14 are currently pending for examination.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgement is made of applicant's claim for the benefit of prior-filed application(s) under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c).
Drawings
The Examiner contends that the drawings submitted on 10/10/2024 are acceptable for examination proceedings.
Specification
The disclosure is objected to because of the following informalities: the status of a reference U.S. Patent Application No. 17/972,656 recited under Cross-Reference To Related Applications must be updated as “now issued as U.S. Patent Number 12,150,189”.
Appropriate correction is required.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 4-9, 11, and 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,150,189 B2 hereinafter (‘189) in view of Shattil (US 2017/0235316 A1) hereinafter “Shattil”. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding pending claim 1, the claimed limitations of said claim 1 are substantially the same as claim 1 of ‘189.
However, ‘189 does not recite wherein the source device is a ground based transceiver. In the same analogous art, Shattil teaches wherein the source device is a ground based transceiver (see FIG. 1; see ¶ [0008] [0040], the sources and destinations are on the ground, and UAVs can function as relays between a ground-based base transceiver station (BTS) and one or more user equipments (UEs)).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention was made to provide the source device is a ground based transceiver as taught by Shattil, in the system of ‘189, so that it would provide to improve quality measurements which may comprise measured power of a UE’s transmission, SNR, CSI, etc (Shattil: see ¶ [0110]).
The table below shows only Example (sample) of how each of the limitation(s) of claim 1 is/are anticipated by claim 1 ‘189.
Instant Application No. 18/911,939
Patent No. U.S. 12,150,189 B2
1. A method of relaying a transmission between a source device and a destination device in a wireless communication network where one or more activated unmanned aerial vehicles (UAVs) in a plurality of UAVs have been activated to relay the transmission between the source device and the destination device, the method comprising:
calculating a sum of signal-to-noise ratios (SNRs) associated with the one or more activated UAVs, wherein the calculating comprises calculating a first channel instantaneous SNR and a second channel instantaneous SNR for each of the one or more activated UAVs, the first channel instantaneous SNR for the respective activated UAV being associated with a channel between the source device and the respective activated UAV, the second channel instantaneous SNR for the respective activated UAV being associated with a channel between the respective activated UAV and the destination device;
determining whether the sum of the SNRs associated with the one or more activated UAVs is less than a predetermined threshold;
in response to a determination that the sum of the SNRs associated with the one or more activated UAVs is less than the predetermined threshold,
determining whether there is at least one UAV in the plurality of UAVs that has not been activated to relay the transmission between the source device and the destination device; and
in response to a determination that there is at least one UAV in the plurality of UAVs that has not been activated to relay the transmission between the source device and the destination device,
activating one of the at least one UAV to relay the transmission between the source device and the destination device,
wherein each of the one or more activated UAVs receives a source message from the source device, decodes the source message, and transmits the decoded source message to the destination device, and
wherein the source device is a ground based transceiver.
1. A method of relaying a transmission between a source device and a destination device in a wireless communication network where one or more activated unmanned aerial vehicles (UAVs) in a plurality of UAVs have been activated to relay the transmission between the source device and the destination device, the method comprising:
calculating a sum of signal-to-noise ratios (SNRs) associated with the one or more activated UAVs, wherein the calculating comprises calculating a first channel instantaneous SNR and a second channel instantaneous SNR for each of the one or more activated UAVs, the first channel instantaneous SNR for the respective activated UAV being associated with a channel between the source device and the respective activated UAV, the second channel instantaneous SNR for the respective activated UAV being associated with a channel between the respective activated UAV and the destination device;
determining whether the sum of the SNRs associated with the one or more activated UAVs is less than a predetermined threshold;
in response to a determination that the sum of the SNRs associated with the one or more activated UAVs is less than the predetermined threshold,
determining whether there is at least one UAV in the plurality of UAVs that has not been activated to relay the transmission between the source device and the destination device; and
in response to a determination that there is at least one UAV in the plurality of UAVs that has not been activated to relay the transmission between the source device and the destination device,
activating one of the at least one UAV to relay the transmission between the source device and the destination device,
wherein each of the one or more activated UAVs receives a source message from the source device, decodes the source message, and transmits the decoded source message to the destination device.
Allowable Subject Matter
Claims 1-2, 4-9, 11, and 13-14 would be allowable if filing a terminal disclaimer to overcome the nonstatutory double patenting rejection set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
Claims 1-2, 4-9, 11, and 13-14 are allowable over the prior arts of record because the closest prior arts of record, MA et al. (US 2020/0304200 A1), FUJIO (US 2023/0328708 A1), XU et al. (US 2020/0359297 A1), and Wu et al. (US 2024/0195486 A1), either individually or in combination fails to particularly disclose, fairly suggest or render obvious the claims as-a-whole.
Note that MA et al. teaches a method communication link between the task aircraft and the control side comprising: obtaining a first communication parameter of the first communication link R1, a second communication parameter of the second communication link R2, and a third communication parameter of the third communication link R3; determining the magnitudes of a first channel quality corresponding to the first communication link R1, a second channel quality corresponding to the second communication link R2, and a third channel quality corresponding to the third communication link R3, according to the first communication parameter, the second communication parameter, and the third communication parameter; when the first channel quality is greater than the second channel quality, and the first channel quality is greater than the third channel quality, determining that the communication quality under the relay mode is lower than the communication quality under the direct mode; and when the first channel quality is lower than the second channel quality, and the first channel quality is lower than the third channel quality, determining that the communication quality under the relay mode is greater than the communication quality under the direct mode and the channel quality may be at least one of a signal noise ratio (SNR) (see FIG. 4-11 and related specification; see ¶ [0031-34] [0044]).
Note that FUJIO teaches a method of acquiring position information of user terminals; estimating average transmission rate for each candidate for destination; determining destination of relay station; and generating instruction to move relay station to determined destination (see FIG. 5; see ¶ [0050]).
Note that XU et al. teaches a method of calculating air-to-air/air-to-ground SINR; calculating a channel capacity improvement space; and selecting relay UAVs (see FIG. 4; see ¶ [0132-42]).
Note that Wu et al. teaches a method may include: receiving assistant information associated with a first network node, which functions as a relay node between the BS and a user equipment (UE); and in response to initiating a replacement procedure to replace the first network node based on the received assistant information, deactivating the first network node and activating a second network node as the relay node (see Abstract; see FIG. 1-5 and related specification).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER CHEN whose telephone number is (571)270-7241. The examiner can normally be reached Monday - Friday 8:00am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER CHEN/Primary Examiner, Art Unit 2462
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