Ex Parte Wiedeman et al - Page 12




                 Appeal No. 2006-1221                                                                                                                      
                 Application No. 09/846,995                                                                                                                

                 transmission [answer, page 5].  The examiner states that Arrington shows coverage by                                                      
                 several satellites and a report of link margin and Redden discloses diversity transmission and                                            
                 an outage report [answer, page 5].  The examiner asserts that it would have been obvious to                                               
                 one of ordinary skill in the art to modify the invention of Maveddat and Rydbeck, and have a                                              
                 “several coverage satellite system, where diversity transmission from the satellites [is] such                                            
                 that the link margin is based on the diversity transmission, and link outage report, as taught                                            
                 by Arrington and Redden, thus allowing the reporting [to] be done for mobiles in fading                                                   
                 environments” [answer, page 5].                                                                                                           
                 VI.  Appellants argue the instant claimed system is “one of user terminal to satellite, user                                              
                 terminal to satellite in a handoff depending on satellite visibility, whereas in the case of                                              
                 Arrington and Redden it is user terminal to satellite to satellite to satellite to destination,                                           
                 clearly nonanalogous and not properly combinable to reject the instant claims” [appeal brief,                                             
                 page 10]. In the reply brief Appellants further argue that Arrington and Redden are non-                                                  
                 analogous references (with respect Maveddat in view of Rydbeck) as both Arrington and                                                     
                 Redden are directed to the Iridium satellite system which does not employ at least one                                                    
                 gateway bidirectionally coupled to a data communication network nor a controller responsive                                               
                 to at least one criterion having been met for activating an indicator for informing a user of a                                           
                 potential for reduced user terminal performance [reply brief, page 7].                                                                    
                        The examiner responds that Maveddat and Rydbeck are both directed to the field of                                                  
                 satellite systems, and, in particular, to the specific problem of link quality.  The examiner                                             
                 asserts: “Arrington shows that in a mobile system more satellites can be used that generate                                               

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