DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 6, 2026 has been entered.
Response to Arguments
Applicant’s arguments, see pages 1-2 in the Remarks, filed March 6, 2026, with respect to the rejection(s) of claims 1-20 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lyn et al (US Publication 2021/0258023 A1).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bhanage et al (US Publication 2022/0225205 A1) in view of Puranik et al (US Publication 2021/0289506 A1) and Lyn et al (US Publication 2021/0258023 A1).
Regarding to claim 1, Bhanage discloses a system (fig. 1A), comprising: a single, adaptive radio 208 (fig. 2) configured to dynamically switch, during run-time in which corresponding hardware or software continues executing operations (page 3 paragraph 0034), between operating in multiple frequency bands (2.4GHz, 5GHz, 6GHz) to wirelessly communicate with one or more devices over a wireless network, the one or more devices including an access point 102/104 (page 4 paragraphs 0046 and 0048); and a controller 206 configured to direct the adaptive radio to transition, during the run-time, between operating in one of the multiple frequency bands to operating in a selected frequency band of the multiple frequency bands with respect to wirelessly communicating with the access point over wireless network (page 4 paragraph 0047), the transitioning being based on respective capabilities (clients service/type of connection and data exchanged) and of the access point with respect to operating in the selected frequency band (page 2 paragraph 0025 and page 4 paragraph 0051).
Bhanage fails to teach for a receiver configured to obtain a probe request from a device and the transitioning being based on respective capabilities of the device identified in the probe request.
However, Puranik discloses a system 200 comprising a receiver 104a configured to obtain a probe request 202 from a device 106a and transition between bands based on respective capabilities of the device identified in the probe request (fig. 2 page 3 paragraph 0028).
Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the probe request as taught by Puranik into Bhanage's system to manage bandwidth efficiently.
Bhanage and Puranik combined fails to teach for the multiple frequency bands include a 6 GHz band and a high portion of a 5 GHz band, and wherein the adaptive radio includes a bandpass filter having a passband spanning frequencies of both the 6 GHz band and the high portion of the 5 GHz band.
However, Lyn discloses an electronic device 200 (fig. 2) comprising an adaptive radio 128 includes a bandpass filter 206 (page 6 paragraph 0052) having a passband spanning frequencies of both a 6 GHz band and a high portion of the 5 GHz band (page 8 paragraph 0066).
Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the bandpass filter with the operating frequency bands of 5 GHz and 6 GHz as taught by Lyn into combination of Bhanage and Puranik to interoperate with multiple wireless standards or multiple frequency bands of a given wireless standard, and capable of transmitting signals in multiple frequency ranges.
Regarding to claim 2, Bhanage discloses a first other radio 106a configured to operate in a third frequency band 2.4 GHz; and a second other radio 106b configured to operate in a fourth frequency band, wherein the controller is configured to direct wireless communications using one or more of: the first other radio or the second other radio while also directing wireless communications using the adaptive radio (page 2 paragraph 0024).
Regarding to claim 3, Bhanage discloses the multiple frequency bands include: a first frequency band correspond to a6 giga-hertz (GHz) band used in the 802.11 wireless communications standard (page 2 paragraph 0024); a second frequency band corresponds to a 5 GHz high band used in the 802.11 wireless communications standard (page 7 paragraph 0076); a third frequency band corresponds to a 5 GHz low band used in the 802.11 wireless communications standard (page 7 paragraph 0076); and a fourth frequency band corresponds to a 2 GHz band used in the 802.11 wireless communications standard (page 2 paragraph 0024).
Regarding to claim 4, Bhanage discloses the controller is further configured to: direct the adaptive radio to transition from operating in a second frequency band of the multiple frequency bands to operating in a first frequency band of the multiple frequency bands for wireless communications with a particular device of the one or more devices based on the respective capability of the particular device with respect to operating in the first frequency band (page 2 paragraph 0025); and direct performance of the wireless communications with the particular device in the first frequency band using the adaptive radio (page 4 paragraph 0047).
Regarding to claim 5, Bhanage discloses the controller is further configured to: direct the adaptive radio to transition from operating in a first frequency band of the multiple frequency bands to operating in a second frequency band of the multiple frequency bands for wireless communications with a particular device of the one or more devices based on the respective capability of the particular device with respect to operating in the first frequency band; and direct performance of the wireless communications with the particular device in the second frequency band using the adaptive radio (page 2 paragraph 0024).
Regarding to claim 6, Bhanage discloses the controller is further configured to determine the respective capability of a particular device of the one or more devices with respect to operating in the selected frequency band based on one or more beacon signals (page 2 paragraph 0024).
Regarding to claim 7, Bhanage discloses the one or more beacon signals are transmitted over one or more of: a first frequency band, a third frequency band, or a fourth frequency band of the multiple frequency bands (page 4 paragraph 0051).
Regarding to claim 8, Bhanage discloses a method comprising: obtaining, by a first mesh node device 102, second mesh node device 104 information related to a capability (clients service/ type of connection and data exchanged) of a second mesh node device with respect to operating in a first frequency band, the first mesh node device including a first access point, the second mesh node device including a second access point (page 2 paragraph 0025); and in response to determining, based on the obtained second mesh node device information, that the second mesh node device is capable of operating in the first frequency band, the first frequency band excluding 6GHz (fig. 1B page 2 paragraph 0025; noted the first frequency band can be radio 106a): causing a single, adaptive radio of the first mesh node device to transition, during run-time, from operating in a second frequency band into operating in the first frequency band, the second frequency band including 6GHz (page 4 paragraph 0051; noted the second frequency band is radio 106b); and performing, by the first mesh node device using the adaptive radio, wireless backhaul communications with the second mesh node device in the first frequency band (page 2 paragraph 0025).
Bhanage fails to teach for a receiver configured to obtain a probe request from a device and the transitioning being based on respective capabilities of the device identified in the probe request.
However, Puranik discloses a system 200 comprising a receiver 104a configured to obtain a probe request 202 from a device 106a and transition between bands based on respective capabilities of the device identified in the probe request (fig. 2 page 3 paragraph 0028).
Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the probe request as taught by Puranik into Bhanage's system to manage bandwidth efficiently.
Bhanage and Puranik combined fails to teach for the multiple frequency bands include a 6 GHz band and a high portion of a 5 GHz band, and wherein the adaptive radio includes a bandpass filter having a passband spanning frequencies of both the 6 GHz band and the high portion of the 5 GHz band.
However, Lyn discloses an electronic device 200 (fig. 2) comprising an adaptive radio 128 includes a bandpass filter 206 (page 6 paragraph 0052) having a passband spanning frequencies of both a 6 GHz band and a high portion of the 5 GHz band (page 8 paragraph 0066).
Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the bandpass filter with operating frequency bands of 5 GHz and 6 GHz as taught by Lyn into combination of Bhanage and Puranik to interoperate with multiple wireless standards or multiple frequency bands of a given wireless standard, and capable of transmitting signals in multiple frequency ranges
Regarding to claim 9, Bhanage discloses obtaining the second mesh node device information is based on one or more beacon signals (page 4 paragraph 0051).
Regarding to claim 10, Bhanage discloses the one or more beacon signals are transmitted over one or more of: the first frequency band, a third frequency band, or a fourth frequency band (page 4 paragraph 0051).
Regarding to claim 11, Bhanage discloses transmitting or receiving the one or more beacon signals by the first mesh node device (page 4 paragraph 0051).
Regarding to claim 12, Bhanage discloses causing the adaptive radio to transition during run-time is without a reset corresponding to hardware or software or performing a power cycle of the first mesh node device (page 3 paragraph 0034).
Regarding to claim 13, Bhanage discloses obtaining, by the first mesh node device, client device information related to a capability of a client device with respect to operating in the first frequency band (page 2 paragraph 0025); and in response to determining, based on the obtained client device information, that the client device is capable of operating in the first frequency band: performing, by the first mesh node device using the adaptive radio, wireless fronthaul communications with the client device in the first frequency band (page 4 paragraph 0051).
Regarding to claim 14, Bhanage discloses directing, by the first mesh node device, the second mesh node device to perform one or more of: the wireless backhaul communications in the first frequency band or one or more wireless fronthaul operations in the first frequency band (page 2 paragraph 0025).
Regarding to claim 15, Bhanage discloses receiving, by the first mesh node device, instructions to perform one or more of: the wireless backhaul communications in the first frequency band or one or more wireless fronthaul operations in the first frequency band. Regarding to claim 16, Bhanage discloses a system (fig. 1A) comprising: one or more processors 610 (fig. 6A page 7 paragraph 0081); and one or more non-transitory computer readable media 615 containing instructions 620 that, when executed by the one or more processors, are configured to cause the system to perform operations (page 7 paragraph 0081), the operations comprising: obtaining, by a first device 102, second device information related to a capability (clients service/type of connection and data exchanged) of a second device 104 with respect to operating in a first frequency band 106a, the second device including an access point (fig. 1B page 2 paragraph 0025); and in response to determining, based on the obtained second device information, that the second device is capable of operating in the first frequency band: causing a single, adaptive radio 208 (fig. 2) of the first device to transition from operating in a second frequency band 106c into operating in the first frequency band while maintaining run-time operations (page 4 paragraph 0051); and performing, by the first device using the adaptive radio, wireless communications with the second device in the first frequency band (page 2 paragraph 0026).
Bhanage fails to teach for a receiver configured to obtain a probe request from a device and the transitioning being based on respective capabilities of the device identified in the probe request.
However, Puranik discloses a system 200 comprising a receiver 104a configured to obtain a probe request 202 from a device 106a and transition between bands based on respective capabilities of the device identified in the probe request (fig. 2 page 3 paragraph 0028).
Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the probe request as taught by Puranik into Bhanage's system to manage bandwidth efficiently.
Bhanage and Puranik combined fails to teach for the multiple frequency bands include a 6 GHz band and a high portion of a 5 GHz band, and wherein the adaptive radio includes a bandpass filter having a passband spanning frequencies of both the 6 GHz band and the high portion of the 5 GHz band.
However, Lyn discloses an electronic device 200 (fig. 2) comprising an adaptive radio 128 includes a bandpass filter 206 (page 6 paragraph 0052) having a passband spanning frequencies of both a 6 GHz band and a high portion of the 5 GHz band (page 8 paragraph 0066).
Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the bandpass filter with operating frequency bands of 5 GHz and 6 GHz as taught by Lyn into combination of Bhanage and Puranik to interoperate with multiple wireless standards or multiple frequency bands of a given wireless standard, and capable of transmitting signals in multiple frequency ranges.
Regarding to claim 17, Bhanage discloses obtaining the second device information is based on one or more beacon signals that are transmitted over one or more of: the first frequency band, a third frequency band, or a fourth frequency band (page 2 paragraph 0024).
Regarding to claim 18, Bhanage discloses the first device is a mesh node device and the second device is a client device (pages 1-2 paragraph 0022).
Regarding to claim 19, Bhanage discloses the first device is a first mesh node device and the second device is a second mesh node device (pages 1-2 paragraph 0022).
Regarding to claim 20, Bhanage discloses performing, by the first device using another radio 106c, wireless communications with a third device in a third frequency band (page 4 paragraph 0046).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Duc T Duong whose telephone number is (571)272-3122. The examiner can normally be reached Mon-Fri; 9am-6pm.
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/DUC T DUONG/Primary Examiner, Art Unit 2467
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