DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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).
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1. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,231,918 in view of Sabaino (6,735,438) or Alcorn (2009/0279490).
Regarding claims 1 and 11. Claims 1 and 11 of U.S. Patent No. 12,231,918 recites all the limitations of claims 1 and 11 of the instant application with the exception of “wherein the adjacent base station employs licensed spectrum”.
Sabaino teaches providing wireless communication service to an aircraft through the use of a passenger’s mobile telephone based on conventional ground telecommunication standard (e.g., licensed spectrum) (col. 5 lines 22-27, col. 12 lines 29-31 – CDMA, IS-95, G3, TDMA, IS-54 or AMPS which is consistent with applicants specification as published at 0037 ). By using an air interface 20 (figure 4, item 20 – dome-shaped vertical coverage) standard compatible with a conventional ground system air interface, a passenger may use a mobile telephone on an aircraft wherein the aircraft may be an airplane or any other entity capable of flying (e.g., a helicopter, jet, blimp, glider, etc.) (col. 6 lines 35-59). Other values for the height and radius of the dome-shaped may be used depending on the coverage requirements of a particular area (col. 7 lines 28-37) and the radius of curvature of the stretched domes, allows the highest part of the dome to substantially enclose an air corridor. Therefore, as the airplane travels along the air corridor, the signal strength of the dome radiation pattern can provide continuous communication to the aircraft (col. 7 lines 59-65) and the dome-shaped vertical coverage is achieved by using an array type antenna (col. 8 lines 20-46) and if additional coverage is needed, then more antennas may be added (col. 9 lines 64-67).
Alcorn teaches multiple ground BTS with overlapping range to provide continuous and uninterrupted high speed data communication link using licensed spectrum (abstract – LTE, 023 – 4G). The system provides high speed broadband communications to an in-flight aircraft while the aircraft is within the air corridor (0026). Figure 4a depicts a vertical wedge shape coverage area wherein the smaller operating area 46 (e.g., small wedge shape for vertical wireless coverage) shows the range of the communication links at an operating frequency of 5.8 MHZ (0028). Figure 4b depicts a second vertical wedge shape coverages. The broader area 47 (e.g., wider wedge shape for vertical wireless coverage) represents horizonal coverage and the more narrow area 45 (e.g, narrow wedge shape for vertical wireless coverage) represents vertical coverage area (0029) of 10 degrees Elevation Beamwidth at target height of 10,800 feet. The 3.5 GHZ and 5.8 GHZ spectrum ranges successfully established communication with both airborne and water based vehicles (0038). In other embodiments of the present invention, alternative communication protocols could be used. For example, one embodiment could use LTE (e.g., licensed spectrum) which provides several key benefits including increased peak data rates, increased cell edge performance, reduced latency, scalable bandwidth, co-existence with GSM/EDGE/UMTS systems. LTE is scalable to allow operation in a wide range of spectrum bandwidths (0045-0046).
It would have been obvious for one of ordinary skill in the art at the time of the invention to modify U.S. Patent No. 12,231,918 to use license spectrum as taught by Sabaino OR Alcorn thereby providing vertical wireless coverage to users in flight (e.g., stretched vertical dome as taught by Sabaino) OR (e.g., smaller or larger vertical wedge shape coverage as taught by Alcorn) thereby saving money since conventional (e.g., licensed) spectrum may be used for vertical wireless coverage, as well as, establishing communication with both airborne and water based vehicles (Alcorn at 0038).
Claims 2-4 are met by claims 2-4 of U.S. Patent No. 12,231,918.
Regarding claims 5 and 15. U.S. Patent No. 12,231,918 does not teach wherein, for any given one of the respective sectors, only the first directional radiation pattern is transmitted from the antenna (e.g., wedge shape coverage).
Sabaino teaches providing wireless communication service to an aircraft through the use of a passenger’s mobile telephone based on conventional ground telecommunication standard (e.g., licensed spectrum) (col. 5 lines 22-27, col. 12 lines 29-31 – CDMA, IS-95, G3, TDMA, IS-54 or AMPS which is consistent with applicants specification as published at 0037 ). By using an air interface 20 (figure 4, item 20 – dome-shaped vertical coverage) standard compatible with a conventional ground system air interface, a passenger may use a mobile telephone on an aircraft wherein the aircraft may be an airplane or any other entity capable of flying (e.g., a helicopter, jet, blimp, glider, etc.) (col. 6 lines 35-59). Other values for the height and radius of the dome-shaped may be used depending on the coverage requirements of a particular area (col. 7 lines 28-37) and the radius of curvature of the stretched domes, allows the highest part of the dome to substantially enclose an air corridor. Therefore, as the airplane travels along the air corridor, the signal strength of the dome radiation pattern can provide continuous communication to the aircraft (col. 7 lines 59-65) and the dome-shaped vertical coverage is achieved by using an array type antenna (col. 8 lines 20-46) and if additional coverage is needed, then more antennas may be added (col. 9 lines 64-67).
Alcorn teaches multiple ground BTS with overlapping range to provide continuous and uninterrupted high speed data communication link using licensed spectrum (abstract – LTE, 023 – 4G). The system provides high speed broadband communications to an in-flight aircraft while the aircraft is within the air corridor (0026). Figure 4a depicts a vertical wedge shape coverage area wherein the smaller operating area 46 (e.g., small wedge shape for vertical wireless coverage) shows the range of the communication links at an operating frequency of 5.8 MHZ (0028). Figure 4b depicts a second vertical wedge shape coverages. The broader area 47 (e.g., wider wedge shape for vertical wireless coverage) represents horizonal coverage and the more narrow area 45 (e.g, narrow wedge shape for vertical wireless coverage) represents vertical coverage area (0029) of 10 degrees Elevation Beamwidth at target height of 10,800 feet. The 3.5 GHZ and 5.8 GHZ spectrum ranges successfully established communication with both airborne and water based vehicles (0038). In other embodiments of the present invention, alternative communication protocols could be used. For example, one embodiment could use LTE (e.g., licensed spectrum) which provides several key benefits including increased peak data rates, increased cell edge performance, reduced latency, scalable bandwidth, co-existence with GSM/EDGE/UMTS systems. LTE is scalable to allow operation in a wide range of spectrum bandwidths (0045-0046).
It would have been obvious for one of ordinary skill in the art at the time of the invention to modify U.S. Patent No. 12,231,918 to use license spectrum as taught by Sabaino OR Alcorn thereby providing vertical wireless coverage to users in flight (e.g., stretched vertical dome as taught by Sabaino) OR (e.g., smaller or larger vertical wedge shape coverage as taught by Alcorn) thereby saving money since conventional (e.g., licensed) spectrum may be used for vertical wireless coverage, as well as, establishing communication with both airborne and water based vehicles (Alcorn at 0038).
Claims 6-7 are met by claims 6-7 of U.S. Patent No. 12,231,918.
Regarding claims 8 and 18. U.S. Patent No. 12,231,918 does not teach wherein the unlicensed spectrum is 2.4 GHZ or 5.8 GHz.
Sabaino teaches providing wireless communication service to an aircraft through the use of a passenger’s mobile telephone based on conventional ground telecommunication standard (e.g., licensed spectrum) (col. 5 lines 22-27, col. 12 lines 29-31 – CDMA, IS-95, G3, TDMA, IS-54 or AMPS which is consistent with applicants specification as published at 0037 ). By using an air interface 20 (figure 4, item 20 – dome-shaped vertical coverage) standard compatible with a conventional ground system air interface, a passenger may use a mobile telephone on an aircraft wherein the aircraft may be an airplane or any other entity capable of flying (e.g., a helicopter, jet, blimp, glider, etc.) (col. 6 lines 35-59). Other values for the height and radius of the dome-shaped may be used depending on the coverage requirements of a particular area (col. 7 lines 28-37) and the radius of curvature of the stretched domes, allows the highest part of the dome to substantially enclose an air corridor. Therefore, as the airplane travels along the air corridor, the signal strength of the dome radiation pattern can provide continuous communication to the aircraft (col. 7 lines 59-65) and the dome-shaped vertical coverage is achieved by using an array type antenna (col. 8 lines 20-46) and if additional coverage is needed, then more antennas may be added (col. 9 lines 64-67). The exact dimensions will be based on the frequency band used and the desired or specified horizontal and vertical antenna patterns. Typical frequency bands are between 700 MHz and 2.5 GHz (col. 11 lines 27-43).
Alcorn teaches multiple ground BTS with overlapping range to provide continuous and uninterrupted high speed data communication link using licensed spectrum (abstract – LTE, 023 – 4G). The system provides high speed broadband communications to an in-flight aircraft while the aircraft is within the air corridor (0026). Figure 4a depicts a vertical wedge shape coverage area wherein the smaller operating area 46 (e.g., small wedge shape for vertical wireless coverage) shows the range of the communication links at an operating frequency of 5.8 MHZ (0028). Figure 4b depicts a second vertical wedge shape coverages. The broader area 47 (e.g., wider wedge shape for vertical wireless coverage) represents horizonal coverage and the more narrow area 45 (e.g, narrow wedge shape for vertical wireless coverage) represents vertical coverage area (0029) of 10 degrees Elevation Beamwidth at target height of 10,800 feet. The 3.5 GHZ and 5.8 GHZ spectrum ranges successfully established communication with both airborne and water based vehicles (0038). In other embodiments of the present invention, alternative communication protocols could be used. For example, one embodiment could use LTE (e.g., licensed spectrum) which provides several key benefits including increased peak data rates, increased cell edge performance, reduced latency, scalable bandwidth, co-existence with GSM/EDGE/UMTS systems. LTE is scalable to allow operation in a wide range of spectrum bandwidths (0045-0046).
It would have been obvious for one of ordinary skill in the art at the time of the invention to modify U.S. Patent No. 12,231,918 to use 3.5 GHz and/or 5.8 GHz as taught by Sabaino OR Alcorn thereby providing vertical wireless coverage to users in flight (e.g., stretched vertical dome as taught by Sabaino) OR (e.g., smaller or larger vertical wedge shape coverage as taught by Alcorn) thereby saving money since conventional (e.g., licensed) spectrum may be used for vertical wireless coverage, as well as, establishing communication with both airborne and water based vehicles (Alcorn at 0038).
Claims 9-10 are met by claims 9-10 of U.S. Patent No. 12,231,918.
Claims 12-14 are met by claims 12-14 of U.S. Patent No. 12,231,918.
Claims 16-17 are met by claims 16-17 of U.S. Patent No. 12,231,918.
Claims 19-20 are met by claims 19-20 of U.S. Patent No. 12,231,918.
Conclusion
2. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
---(2011/0034191) Leabman teaches using unlicensed spectrum (2.4 GHz and 5.8 GHz) for air-to-ground wireless communication which provides for sufficient data throughput, and sufficient range and use licensed RF spectrum for use in broadband wireless communication (0047-0050).
---(2006/0264242) Dent teaches air-to-ground cellular communication using array antennas with progressively phase-retarded signals (abstract) forming wedge shape coverage in the vertical direction (figure 4), thereby generating an elevated antenna beam directed upward toward the aircraft (0014-0015) and using licensed spectrum is a preferred transmission technique, so as to leverage the use of existing technology (0052).
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARRY W TAYLOR whose telephone number is (571)272-7509. The examiner can normally be reached Monday-Thursday: 7-5.
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/BARRY W TAYLOR/Primary Examiner, Art Unit 2646
