Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 1-10, 12, 14-22 are presented for examination.
Information Disclosure Statement
The IDS filed on 10/20/2025 are considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10, 12, 14-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-7, 10, 13-16, 18, 21-23 of U.S. Patent No. 12,158,513. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are either anticipated by the patented claims or contain the same scope with minor difference in wording.
Pending Claims
Patented Claims
Correspondence
1
1 and 5
Each limitation of pending claim 1 is anticipated by patented claims 1 and 5.
2
1 and 5
Limitation anticipated in claim 1 and 5.
3
4
Same scope with minor wording variation.
4
6
Same scope with minor wording variation.
5
7
Same scope with minor wording variation.
6
10 and 14
Each limitation of pending claim 6 is covered by patented claims 10 and 14 but only replaced memory with non-transitory computer-readable medium.
7
10 and 14
Limitation anticipated in claim 10 and 14.
8
13
Same scope with minor wording variation.
9
15
Same scope with minor wording variation.
10
16
Same scope with minor wording variation.
12
18 and 22
Each limitation of pending claim 12 is anticipated by patented claims 18 and 22.
14
10, 14 and 17
Each limitation of pending claim 14 is anticipated by patented claims 10, 14 and 17.
15
10, 14 and 17
Each limitation of pending claim 14 is anticipated by patented claims 10, 14 and 17.
16
13 and 17
Same scope with minor wording variation.
17
15 and 17
Same scope with minor wording variation.
18
16 and 17
Same scope with minor wording variation.
19
18 and 22
Each limitation of pending claim 12 is anticipated by patented claims 18 and 22.
20
21
Same scope with minor wording variation.
21
23
Same scope with minor wording variation.
22
7 or 16
Corresponding claims with same scope.
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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 4-7, 9-10, 12, 14-15, 17-19 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ulupinar et al (Ulupinar), US 2016/0323032.
Ulupinar is cited by the applicant in the IDS.
As per claim 1, Ulupinar teaches the invention including a method, carried out by a terminal device, the method comprising:
Receiving, an ephemeris information (pp. 0004, 0042, 0048, 0063-0064, 0093, 0098, 0120-0121, 0137), wherein the ephemeris information comprises:
Identification information of a first satellite base station (pp. 0097-0098),
Identification information of a cell included in the first satellite base station (pp. 0099-0100),
Coverage times (pp. 0121, 0123: time of where the satellite will be located), and
location information (pp. 0121, 0123-0124),
Wherein the cell comprised in the first satellite base station covers a position represented by the location information in the coverage time (pp. 0121, 0123-0124); and
Handing over, based on the ephemeris information, to a destination cell served by a destination satellite base station (pp. 0009-0011, 0137-0140, 0147-0152).
Ulupinar does not teach the ephemeris information is sent via a broadcast message and the location information is longitude-latitude information. However, Ulupinar suggests to send a signaling message containing the ephemeris information to all connected devices (pp. 0121), which is recognized by one of ordinary skill in the art to be similar to the process of sending a broadcast message. Furthermore, it is common practice to identify location using longitude and altitude. Therefore, it is obvious to address a location position using longitude and altitude coordination. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Ulupinar and further utilize broadcast messages to transmit ephemeris information that includes location information using longitude-altitude coordination to all the devices.
As per claim 2, Ulupinar teaches the invention as claimed in claim 1. Ulupinar further teaches wherein the handing over comprises:
Determining, based on the broadcast message, the destination satellite base station to which the terminal device needs to hand over (pp. 0092, 0122-0124, 0137-0140); and
Determining, in accordance with the determining the destination base station, a first time at which the terminal device is to hand over to the destination satellite base station (pp. 0009-0011, 0048, 0147-0150, 0191),
Wherein the handing over is further based on the first time (pp. 0009-0011, 0137-0140, 0147-0152).
As per claim 4, Ulupinar teaches the invention as claimed in claim 2. Ulupinar further teaches wherein the determining the destination satellite base station comprises:
Determining a cell based on the identification information of the first satellite base station, the identification information of a cell included in the first satellite base station, the coverage times, and the longitude-latitude information; wherein the cell is comprised in the first satellite base station, and wherein the cell covers the terminal device (pp. 0004, 0048, 0064, 0097-0100, 0121-0123, 0181, 0268); and
Determining, as the destination satellite base station, a base station to which the cell belongs (pp. 0009-0010, 0048, 0147-0150, 0191).
As per claim 5, Ulupinar teaches the invention as claimed in claim 2. Ulupinar further teaches wherein the determining a first time comprises:
Calculating the first time based on the coverage time of the destination satellite base station and a specified handover advance (pp. 0009-0011, 0048, 0147-0150, 0191, 0266).
As per claim 6, Ulupinar teaches the invention including an apparatus comprising:
A processor (pp. 0082-0084); and
A non-transitory computer-readable medium including computer-executable instructions (pp. 0084, 0221-0223) that, when executed by the processor, facilitate the apparatus carrying out a method comprising:
Receiving, an ephemeris information (pp. 0004, 0042, 0048, 0063-0064, 0093, 0098, 0120-0121, 0137), wherein the ephemeris information comprises:
Identification information of a first satellite base station (pp. 0097-0098),
Identification information of a cell included in the first satellite base station (pp. 0099-0100),
Coverage times (pp. 0121, 0123: time of where the satellite will be located), and
location information (pp. 0121, 0123-0124),
Wherein the cell comprised in the first satellite base station covers a position represented by the location information in the coverage time (pp. 0121, 0123-0124); and
Handing over, based on the ephemeris information, to a destination cell served by a destination satellite base station (pp. 0009-0011, 0137-0140, 0147-0152).
Ulupinar does not teach the ephemeris information is sent via a broadcast message and the location information is longitude-latitude information. However, Ulupinar suggests to send a signaling message containing the ephemeris information to all connected devices (pp. 0121), which is recognized by one of ordinary skill in the art to be similar to the process of sending a broadcast message. Furthermore, it is common practice to identify location using longitude and altitude. Therefore, it is obvious to address a location position using longitude and altitude coordination. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Ulupinar and further utilize broadcast messages to transmit ephemeris information that includes location information using longitude-altitude coordination to all the devices.
As per claim 7, Ulupinar teaches the invention as claimed in claim 6. Ulupinar further teaches wherein the handing over comprises:
Determining, based on the broadcast message, the destination satellite base station to which the terminal device needs to hand over (pp. 0092, 0122-0124, 0137-0140); and
Determining, in accordance with the determining the destination base station, a first time at which the terminal device is to hand over to the destination satellite base station (pp. 0009-0011, 0048, 0147-0150, 0191),
Wherein the handing over is further based on the first time (pp. 0009-0011, 0137-0140, 0147-0152).
As per claim 9, Ulupinar teaches the invention as claimed in claim 7. Ulupinar further teaches wherein the determining the destination satellite base station comprises:
Determining a cell based on the identification information of the first satellite base station, the identification information of a cell included in the first satellite base station, the coverage times, and the longitude-latitude information; wherein the cell is comprised in the first satellite base station, and wherein the cell covers the terminal device (pp. 0004, 0048, 0064, 0097-0100, 0121-0123, 0181, 0268); and
Determining, as the destination satellite base station, a base station to which the cell belongs (pp. 0009-0010, 0048, 0147-0150, 0191).
As per claim 10, Ulupinar teaches the invention as claimed in claim 7. Ulupinar further teaches wherein the determining a first time comprises:
Calculating the first time based on the coverage time of the destination satellite base station and a specified handover advance (pp. 0009-0011, 0048, 0147-0150, 0191, 0266).
As per claim 12, Ulupinar teaches the invention including a non-transitory computer-readable medium comprising a computer program (pp. 0084, 0221-0223), wherein when the computer program is executed on a computer, the computer is enabled to perform a method comprising:
Receiving, an ephemeris information (pp. 0004, 0042, 0048, 0063-0064, 0093, 0098, 0120-0121, 0137), wherein the ephemeris information comprises:
Identification information of a first satellite base station (pp. 0097-0098),
Identification information of a cell included in the first satellite base station (pp. 0099-0100),
Coverage times (pp. 0121, 0123: time of where the satellite will be located), and
location information (pp. 0121, 0123-0124),
Wherein the cell comprised in the first satellite base station covers a position represented by the location information in the coverage time (pp. 0121, 0123-0124); and
Handing over, based on the ephemeris information, to a destination cell served by a destination satellite base station (pp. 0009-0011, 0137-0140, 0147-0152).
Ulupinar does not teach the ephemeris information is sent via a broadcast message and the location information is longitude-latitude information. However, Ulupinar suggests to send a signaling message containing the ephemeris information to all connected devices (pp. 0121), which is recognized by one of ordinary skill in the art to be similar to the process of sending a broadcast message. Furthermore, it is common practice to identify location using longitude and altitude. Therefore, it is obvious to address a location position using longitude and altitude coordination. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Ulupinar and further utilize broadcast messages to transmit ephemeris information that includes location information using longitude-altitude coordination to all the devices.
As per claim 14, Ulupinar teaches the invention including a chip (pp. 0270-0271), comprising a processor (pp. 0082-0084) and a memory, wherein the memory is configured to store a computer program (pp. 0084, 0221-0223), and the processor is configured to invoke and run the computer program stored in the memory, to perform a method comprising:
Receiving, an ephemeris information (pp. 0004, 0042, 0048, 0063-0064, 0093, 0098, 0120-0121, 0137), wherein the ephemeris information comprises:
Identification information of a first satellite base station (pp. 0097-0098),
Identification information of a cell included in the first satellite base station (pp. 0099-0100),
Coverage times (pp. 0121, 0123: time of where the satellite will be located), and
location information (pp. 0121, 0123-0124),
Wherein the cell comprised in the first satellite base station covers a position represented by the location information in the coverage time (pp. 0121, 0123-0124); and
Handing over, based on the ephemeris information, to a destination cell served by a destination satellite base station (pp. 0009-0011, 0137-0140, 0147-0152).
Ulupinar does not teach the ephemeris information is sent via a broadcast message and the location information is longitude-latitude information. However, Ulupinar suggests to send a signaling message containing the ephemeris information to all connected devices (pp. 0121), which is recognized by one of ordinary skill in the art to be similar to the process of sending a broadcast message. Furthermore, it is common practice to identify location using longitude and altitude. Therefore, it is obvious to address a location position using longitude and altitude coordination. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Ulupinar and further utilize broadcast messages to transmit ephemeris information that includes location information using longitude-altitude coordination to all the devices.
As per claim 15, Ulupinar teaches the invention as claimed in claim 14. Ulupinar further teaches wherein the handing over comprises:
Determining, based on the broadcast message, the destination satellite base station to which the terminal device needs to hand over (pp. 0092, 0122-0124, 0137-0140); and
Determining, in accordance with the determining the destination base station, a first time at which the terminal device is to hand over to the destination satellite base station (pp. 0009-0011, 0048, 0147-0150, 0191),
Wherein the handing over is further based on the first time (pp. 0009-0011, 0137-0140, 0147-0152).
As per claim 17, Ulupinar teaches the invention as claimed in claim 15. Ulupinar further teaches wherein the determining the destination satellite base station comprises:
Determining a cell based on the identification information of the first satellite base station, the identification information of a cell included in the first satellite base station, the coverage times, and the longitude-latitude information; wherein the cell is comprised in the first satellite base station, and wherein the cell covers the terminal device (pp. 0004, 0048, 0064, 0097-0100, 0121-0123, 0181, 0268); and
Determining, as the destination satellite base station, a base station to which the cell belongs (pp. 0009-0010, 0048, 0147-0150, 0191).
As per claim 18, Ulupinar teaches the invention as claimed in claim 15. Ulupinar further teaches wherein the determining a first time comprises:
Calculating the first time based on the coverage time of the destination satellite base station and a specified handover advance (pp. 0009-0011, 0048, 0147-0150, 0191, 0266).
As per claim 19, Ulupinar teaches the invention as claimed in claim 12. Ulupinar further teaches wherein the handing over comprises:
Determining, based on the broadcast message, the destination satellite base station to which the terminal device needs to hand over (pp. 0092, 0122-0124, 0137-0140); and
Determining, in accordance with the determining the destination base station, a first time at which the terminal device is to hand over to the destination satellite base station (pp. 0009-0011, 0048, 0147-0150, 0191),
Wherein the handing over is further based on the first time (pp. 0009-0011, 0137-0140, 0147-0152).
As per claim 21, Ulupinar teaches the invention as claimed in claim 19. Ulupinar further teaches wherein the determining the destination satellite base station comprises:
Determining a cell based on the identification information of the first satellite base station, the identification information of a cell included in the first satellite base station, the coverage times, and the longitude-latitude information; wherein the cell is comprised in the first satellite base station, and wherein the cell covers the terminal device (pp. 0004, 0048, 0064, 0097-0100, 0121-0123, 0181, 0268); and
Determining, as the destination satellite base station, a base station to which the cell belongs (pp. 0009-0010, 0048, 0147-0150, 0191).
As per claim 22, Ulupinar teaches the invention as claimed in claim 19. Ulupinar further teaches wherein the determining a first time comprises:
Calculating the first time based on the coverage time of the destination satellite base station and a specified handover advance (pp. 0009-0011, 0048, 0147-0150, 0191, 0266).
Allowable Subject Matter
Claims 3, 8, 16 and 20 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu et al, US 2018/0376393
Kay et al, US 2018/0084476
Purkayastha et al, US 20217/0230104
Damnjanovic et al, US 2017/0099120
Yaoya, US 6,512,920
A shortened statutory period for reply to this Office action is set to expire Three MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY S LIN whose telephone number is (571) 272-3968.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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KENNY S. LIN
Examiner
Art Unit 2416
/Kenny S Lin/
Primary Examiner, Art Unit 2416
September 9, 2026
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