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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/05/2026 has been entered.
Response to Remarks
This Office Action is considered to be fully responsive to the communications filed on 01/06/2026. Claims 1-25 are currently pending in this application.
Response to Arguments
Applicant’s arguments, see Remarks pages 8-12, filed 01/06/2026, with respect to the rejections of claims 1-20 under 35 U.S.C. 102 have been fully considered but are moot in view of the new ground(s) rejections made, as is necessitated by amendment, under 35 U.S.C. 103 in view of Ma et al (US 20190274062 A1) and Oguchi (US 20130163455 A1) for claims 1-20. Applicant argues on pages 8-12 of Remarks that Ma does not teach the newly amended features of independent claim 1. These arguments are however moot, as Oguchi does teach these features, and a claim mapping is provided below. Newly added claims 21-25 are also rejected under 35 U.S.C. 103 in view of Ma and Oguchi. For more details about any of the above mentioned, please see the Claim Rejections section below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 and 21-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “of the wireless transmitter” and “to the receiver” (emphasis added) with no prior establishment of “a wireless transmitter” and “a receiver” respectively. This is an antecedent basis issue, thus making the claim indefinite. Additionally, claim 1 later makes reference to “a receiver”. This is also indefinite, as it is unclear to which “receiver” Applicant is referring. Examiner requests that Applicant please correct these issues.
Claims 2-10 and 21-25 are also rejected by virtue of their dependency upon independent claim 1. Additionally, there are various references to “the wireless transmitter” throughout these dependent claims, which is also an antecedent basis issue and thus makes those claims indefinite. Examiner requests that Applicant please correct these issues.
Claim 11 recites “of the wireless transmitter” and “to the receiver” (emphasis added) with no prior establishment of “a wireless transmitter” and “a receiver” respectively. This is an antecedent basis issue, thus making the claim indefinite. Examiner requests that Applicant please correct these issues.
Claims 12-13 are also rejected by virtue of their dependency upon independent claim 11.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (US 20190274062 A1), and further in view of Oguchi (US 20130163455 A1).
Regarding claim 1, Ma teaches
An apparatus for providing a feedback-based satisfactory wireless transmission and satisfactory wireless reception of a packet using a packet state related information, comprising ([0062] and [0101] communication sender 205 provides feedback based on if a packet is properly received or not (satisfactory wireless transmission and reception of a packet using packet state related information)):
a network stack of the wireless transmitter ([0101] sender comprises its own application layer (network stack of a wireless transmitter)); and
a wireless stack of the wireless transmitter, the wireless stack in communication with the network stack to inform the network stack about a state of transmission of a network packet over a wireless medium ([0101] sender comprises a MAC layer (wireless stack of a wireless transmitter), which generates a spoofed NACK packet and transmits the spoofed NACK packet to its application layer (i.e. inform) when it determines that packet loss has occurred (informs the network stack about a state of transmission of a network packet)),
Examiner would like to make note that Ma does have features which read on the newly added limitations wherein, using a combination of a packet-based feedback mechanism and an indication- based feedback mechanism, responsive to a determination at the wireless stack of the wireless transmitter that the state of transmission of a wireless packet that corresponds to the network packet is unsatisfactory, retransmit the network packet from the wireless transmitter to the receiver prior to transmitting any other new network packets from the wireless transmitter,
wherein the wireless stack of the wireless transmitter to detect that the network packet dropped at least partially responsive to an indication of a state of a transmission of a wireless packet that corresponds to the network packet, and
wherein the indication of the state of transmission of the wireless packet is observing a receipt or lack of receipt of a message from the wireless stack of a receiver acknowledging the wireless packet. However, for the sake of compact prosecution and clarity, Oguchi is introduced below to teach these features.
Oguchi teaches wherein, using a combination of a packet-based feedback mechanism and an indication- based feedback mechanism, responsive to a determination at the wireless stack of the wireless transmitter that the state of transmission of a wireless packet that corresponds to the network packet is unsatisfactory, retransmit the network packet from the wireless transmitter to the receiver prior to transmitting any other new network packets from the wireless transmitter ([0061]-[0063] MAC processing unit 13 (wireless stack of the wireless transmitter) receives ACK/NACK messages (combination of packet-based feedback and indication-based feedback), and in the event of an absence of an ACK or a NACK being received (responsive to determination at the wireless stack that the state of transmission of the packet is unsatisfactory), the MAC processing unit 13 will perform retransmission of the wireless frame (retransmit the network packet from the wireless transmitter to the receiver prior to transmitting any other new network packets)),
wherein the wireless stack of the wireless transmitter to detect that the network packet dropped at least partially responsive to an indication of a state of a transmission of a wireless packet that corresponds to the network packet ([0061]-[0063] MAC processing unit 13 may encounter a situation where no ACK signal is received indicating that there was a problem with the frame, or that a NACK signal is received which indicates that the frame has not been correctly received (wireless stack detects that the network packet dropped at least partially responsive to an indication of a state of transmission of the packet)), and
wherein the indication of the state of transmission of the wireless packet is observing a receipt or lack of receipt of a message from the wireless stack of a receiver acknowledging the wireless packet ([0061]-[0063] the MAC processing unit 13 receives ACK and NACK signals and may encounter a situation where no ACK signal is received (indication of the state of transmission of the wireless packet observing a receipt or lack of receipt of a message from the receiver acknowledging the wireless packet)).
Ma and Oguchi are considered to be analogous to the claimed invention, as they are both in the same field of configuring retransmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Ma to include the teachings of Oguchi where the MAC processing unit receives ACK/NACK signals and is able to perform retransmissions based on them. The rationale behind this would be to improve throughput ([0047] Oguchi).
Regarding claim 2, Ma modified by Oguchi teaches The wireless transmitter of claim 1, as is described above.
Ma further teaches wherein an informed state of transmission of the network packet is that the network packet was lost ([0101] MAC layer determines that packet loss has occurred, and sends NACK to application layer).
Regarding claim 3, Ma modified by Oguchi teaches The wireless transmitter of claim 2, as is described above.
Ma further teaches wherein the network stack takes corrective action at least partially responsive to being informed about the state of transmission of the network packet is the network packet was lost ([0101] when the application layer receives the NACK from the MAC layer, the application layer may retransmit the lost packet).
Regarding claim 4, Ma modified by Oguchi teaches The wireless transmitter of claim 3, as is described above.
Ma further teaches wherein a taken corrective action comprises transmitting another network packet ([0101] when the application layer receives the NACK from the MAC layer, the application layer may retransmit the lost packet).
Regarding claim 5, Ma modified by Oguchi teaches The wireless transmitter of claim 1, as is described above.
Ma further teaches wherein the state of transmission of the network packet is that the network packet was successfully transmitted over the wireless medium ([0125]-[0126] inter-layer communication about the status of packets is determined using several equations, where variable S represents the number of successfully sent information bits (state of transmission of the packet that was successfully transmitted); [0100] sender can receive an acknowledgement ACK after packet transmissions).
Regarding claim 6, Ma modified by Oguchi teaches The wireless transmitter of claim 1, as is described above.
Ma further teaches wherein the wireless stack configured to detect that the network packet dropped at least partially responsive to an indication of a state of a transmission of a wireless packet that corresponds to the network packet ([0101] the MAC layer determines that packet loss has occurred by doing a deep packet inspection of the received packet, and analyzing the packet contents including the packet sequence number (determines packet dropped at least partially responsive to an indication of a state of transmission of the packet)).
Regarding claim 7, Ma modified by Oguchi teaches The wireless transmitter of claim 6, as is described above.
Ma further teaches wherein the indication of the state of transmission of the wireless packet is observing a receipt or lack of receipt of a message from a wireless stack of a receiver acknowledging the wireless packet ([0100] sender may determine packet loss based on either the sender not receiving an ACK after a maximum number of retransmissions (lack of receipt of message acknowledgment), or otherwise the transmission may succeed (receipt of a message acknowledgment)).
Regarding claim 8, Ma modified by Oguchi teaches The wireless transmitter of claim 6, as is described above.
Ma further teaches wherein the indication of the state of transmission of the wireless packet is generated at least partially responsive to lack of receipt of a message acknowledging receipt of the network packet ([0100]-[0101] MAC layer generates spoofed NACK packet in response to failed packet, which is determined to have been failed when the sender does not receive an ACK).
Regarding claim 9, Ma modified by Oguchi teaches The wireless transmitter of claim 1, as is described above.
Ma further teaches wherein the wireless stack is in communication with the network stack via a message about the state of transmission of the network packet ([0101] MAC layer (wireless stack) generates a spoofed NACK packet (message about the state of transmission) and sends it (in communication with) to its own application layer (network stack)).
Regarding claim 10, Ma modified by Oguchi teaches The wireless transmitter of claim 1, as is described above.
Ma further teaches wherein the wireless stack is in communication with the network stack via a function provided at the network stack and invokable to indicate the state of transmission of the network packet ([0086] and [0101]-[0102] reactive packet loss mitigation techniques are implemented at the application layer, and the sender reacts to packet loss by having the MAC layer spoof a NACK and send it to the application layer).
Regarding claim 11, Ma teaches
A method for transmission and reception of a packet comprising ([0004] and [0101] method for packet transmission and reception):
inferring, at a wireless stack of a transmitter, a state of transmission of a network packet at least partially responsive to a received indication of state of transmission of wireless packets that correspond to the network packet ([0101] the MAC layer determines that packet loss has occurred by doing a deep packet inspection of the received packet, and analyzing the packet contents including the packet sequence number (infers packet dropped at least partially responsive to an indication of a state of transmission of the packet));
informing, by the wireless stack, a network stack of the transmitter about the state of transmission of the network packet ([0101] sender comprises a MAC layer (wireless stack of a wireless transmitter), which generates a spoofed NACK packet and transmits the spoofed NACK packet to its application layer when it determines that packet loss has occurred (informs the network stack about a state of transmission of a network packet)),
Examiner would like to make note that Ma does have features which read on the newly added limitations responsive to a determination at the wireless stack of the wireless transmitter that the state of transmission of wireless packets that correspond to the network packet is unsatisfactory, retransmitting the network packet from the wireless transmitter to the receiver prior to transmitting any other new network packets from the wireless transmitter, the determination based on a combination of a packet-based feedback mechanism and an indication-based feedback mechanism. However, for the sake of compact prosecution and clarity, Oguchi is introduced below to teach these features.
Oguchi teaches responsive to a determination at the wireless stack of the wireless transmitter that the state of transmission of wireless packets that correspond to the network packet is unsatisfactory, retransmitting the network packet from the wireless transmitter to the receiver prior to transmitting any other new network packets from the wireless transmitter, the determination based on a combination of a packet-based feedback mechanism and an indication-based feedback mechanism ([0061]-[0063] MAC processing unit 13 (wireless stack of the wireless transmitter) receives ACK/NACK messages (combination of packet-based feedback and indication-based feedback), and in the event of an absence of an ACK or a NACK being received (responsive to determination at the wireless stack that the state of transmission of the packet is unsatisfactory), the MAC processing unit 13 will perform retransmission of the wireless frame (retransmit the network packet from the wireless transmitter to the receiver prior to transmitting any other new network packets)).
Ma and Oguchi are considered to be analogous to the claimed invention, as they are both in the same field of configuring retransmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Ma to include the teachings of Oguchi where the MAC processing unit receives ACK/NACK signals and is able to perform retransmissions based on them. The rationale behind this would be to improve throughput ([0047] Oguchi).
Regarding claim 12, Ma modified by Oguchi teaches The wireless transmitter of claim 11, as is described above.
Ma further teaches wherein inferring the state of transmission of network packet at least partially responsive to the received indication of state of transmission of wireless packets comprises ([0100]-[0101] sender determines that packet loss has occurred):
inferring the state of transmission of network packet at least partially responsive to a determination of received acknowledgment from a wireless stack of a wireless router ([0100] sender may determine (infers the state) packet loss based on either the sender not receiving an ACK after a maximum number of retransmissions (lack of receipt of message acknowledgment), or otherwise the transmission may succeed (receipt of a message acknowledgment)).
Regarding claim 13, Ma modified by Oguchi teaches The wireless transmitter of claim 11, as is described above.
Ma further teaches comprising: retransmitting network packets at least partially responsive to being informed the state of transmission of the network packet comprises dropped or lost network packets ([0101] when the application layer receives the NACK from the MAC layer indicating that packet loss has occurred, the application layer may retransmit the lost packet).
Regarding claim 14, Ma teaches
A system for transmission and reception of a packet comprising ([0101] and [Fig. 2] communications system 200 for transmitting and receiving packets):
a wireless router ([0062] AP 210 may be a base station; [0033] and [0039] base stations may be wireless routers); and
a transmitter comprising a network stack and a wireless stack in communication to control transmission of network packets at least partially responsive to locally generated feedback to inform about a state of transmission of network packets via the wireless router ([0101] sender comprises a MAC layer (wireless stack of a wireless transmitter), which generates a spoofed NACK packet and transmits the spoofed NACK packet to its application layer when it determines that packet loss has occurred (informs the network stack about a state of transmission of a network packet), and the application layer retransmits packets based on the received NACK),
Examiner would like to make note that Ma does have features which read on the newly added limitations wherein, using a combination of a packet-based feedback mechanism and an indication-based feedback mechanism, responsive to a determination at the wireless stack of the transmitter that the state of transmission of a wireless packet that corresponds to a network packet is unsatisfactory, retransmit the network packet from the transmitter to a receiver prior to transmitting any other new network packets from the transmitter. combination of a packet-based feedback mechanism and an indication-based feedback mechanism. However, for the sake of compact prosecution and clarity, Oguchi is introduced below to teach these features.
Oguchi teaches wherein, using a combination of a packet-based feedback mechanism and an indication-based feedback mechanism, responsive to a determination at the wireless stack of the transmitter that the state of transmission of a wireless packet that corresponds to a network packet is unsatisfactory, retransmit the network packet from the transmitter to a receiver prior to transmitting any other new network packets from the transmitter ([0061]-[0063] MAC processing unit 13 (wireless stack of the wireless transmitter) receives ACK/NACK messages (combination of packet-based feedback and indication-based feedback), and in the event of an absence of an ACK or a NACK being received (responsive to determination at the wireless stack that the state of transmission of the packet is unsatisfactory), the MAC processing unit 13 will perform retransmission of the wireless frame (retransmit the network packet from the wireless transmitter to the receiver prior to transmitting any other new network packets)).
Ma and Oguchi are considered to be analogous to the claimed invention, as they are both in the same field of configuring retransmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Ma to include the teachings of Oguchi where the MAC processing unit receives ACK/NACK signals and is able to perform retransmissions based on them. The rationale behind this would be to improve throughput ([0047] Oguchi).
Regarding claim 15, Ma modified by Oguchi teaches The wireless transmitter of claim 14, as is described above.
Ma further teaches wherein the locally generated feedback indicates that the network packet was lost via the wireless router ([0101] MAC layer determines that packet loss has occurred, and sends NACK to application layer).
Regarding claim 16, Ma modified by Oguchi teaches The wireless transmitter of claim 15, as is described above.
Ma further teaches wherein the network stack takes corrective action at least partially responsive to the locally generated feedback indicating that the network packet was lost ([0101] when the application layer receives the NACK from the MAC layer, the application layer may retransmit the lost packet).
Regarding claim 17, Ma modified by Oguchi teaches The wireless transmitter of claim 14, as is described above.
Ma further teaches wherein the corrective action comprises transmission of the network packet via the wireless router ([0101] when the application layer receives the NACK from the MAC layer, the application layer may retransmit the lost packet).
Regarding claim 18, Ma modified by Oguchi teaches The wireless transmitter of claim 14, as is described above.
Ma further teaches wherein the locally generated feedback indicates that the network packet was successfully transmitted via the wireless router ([0125]-[0126] inter-layer communication about the status of packets is determined using several equations, where variable S represents the number of successfully sent information bits (state of transmission of the packet that was successfully transmitted); [0100] sender can receive an acknowledgement ACK after packet transmissions).
Regarding claim 19, Ma modified by Oguchi teaches The wireless transmitter of claim 14, as is described above.
Ma further teaches wherein the wireless stack detects a network packet drop at least partially responsive to lack of receipt of an acknowledgment from a wireless stack of the wireless router ([0100] sender may determine packet loss based on either the sender not receiving an ACK after a maximum number of retransmissions (lack of receipt of message acknowledgment), or otherwise the transmission may succeed (receipt of a message acknowledgment)).
Regarding claim 20, Ma modified by Oguchi teaches The wireless transmitter of claim 14, as is described above.
Ma further teaches wherein the communication between the wireless stack and the network stack is via a message or a function call about the state of transmission of a network packet via the wireless router ([0101] MAC layer (wireless stack) generates a spoofed NACK packet (message about the state of transmission) and sends it (in communication with) to its own application layer (network stack)).
Regarding claim 21, Ma modified by Oguchi teaches The wireless transmitter of claim 1, as is described above.
Ma further teaches wherein the wireless stack of the wireless transmitter transmits one or more wireless packets associated with the network packet transmitted by the network stack of the wireless transmitter, learns a state of a transmission of the one or more wireless packets, infers a state of a transmission of the network packet, and informs the network stack of the wireless transmitter about the state of the transmission of the network packet that was dropped ([0100]-[0101] the MAC layer determines that packet loss has occurred by doing a deep packet inspection/analyzation of the received packet and the packet contents including the packet sequence number, and based on the MAC layer not receiving an ACK after a maximum number of retransmissions (infers state of a transmission of the network packet), where the MAC layer generates a spoofed NACK packet and transmits the spoofed NACK packet to its application layer when it determines that packet loss has occurred (informs the network stack about a state of transmission of a network packet)).
Regarding claim 22, Ma modified by Oguchi teaches The wireless transmitter of claim 1, as is described above.
Ma further teaches wherein during first transmission of the network packet, the wireless stack of the wireless transmitter infers that the network packet has or will be lost, and informs the network stack of the wireless transmitter that the network packet was lost ([0100]-[0101] the MAC layer determines that packet loss has occurred by doing a deep packet inspection/analyzation of the received packet and the packet contents including the packet sequence number, and based on the MAC layer not receiving an ACK after a maximum number of retransmissions (infers that the network packet has or will be lost), where the MAC layer generates a spoofed NACK packet and transmits the spoofed NACK packet to its application layer when it determines that packet loss has occurred (informs the network stack about a state of transmission of a network packet)).
Regarding claim 23, Ma modified by Oguchi teaches The wireless transmitter of claim 22, as is described above.
Ma further teaches, wherein in response to being informed that the network packet was lost, the network stack of the wireless transmitter, retransmits the network packet in second transmission ([0101] when the application layer receives the NACK from the MAC layer, the application layer may retransmit the lost packet).
Regarding claim 24, Ma modified by Oguchi teaches The wireless transmitter of claim 22, as is described above.
Ma further teaches wherein during the second transmission of the network packet, the wireless stack of the wireless transmitter does not infer that the network packet was dropped and so does not inform the network stack of the wireless transmitter that the network packet was lost ([0088] and [0101] when the packet loss is due to congestion (i.e. during second transmission), the MAC layer may do nothing and not send the spoofed NACK (does not infer that the network packet was dropped and does not inform the network stack that the packet was lost)).
Regarding claim 25, Ma modified by Oguchi teaches The wireless transmitter of claim 22, as is described above.
Ma further teaches wherein the wireless stack of the wireless transmitter is configured to inform the network stack of the wireless transmitter about the state of transmission of the network packet of the wireless transmitter by providing an indication of the state of transmission of the network packet ([0101] MAC layer generates a spoofed NACK packet and transmits the spoofed NACK packet to its application layer (provides an indication of the state of the transmission of the packet to the network stack) when it determines that packet loss has occurred (informs the network stack about a state of transmission of a network packet)), and
wherein the wireless stack of the wireless transmitter is configured to inform the network stack of the wireless transmitter about the state of a transmission of the network packet by invoking one or more functions of the network stack of the wireless transmitter via an application programming interface (API), where the invoked function of the one or more functions indicates to a logic of the wireless stack of the wireless transmitter that the network packet dropped ([0101] MAC layer generates a spoofed NACK packet and transmits the spoofed NACK packet to its application layer (provides an indication of the state of the transmission of the packet to the network stack) when it determines that packet loss has occurred (informs the network stack about a state of transmission of a network packet), and when the application layer receives the NACK from the MAC layer, it will perform a retransmission of the lost packet(s) (invoking one or more functions of the network stack via an application programming interface), where the MAC layer will then further receive an ACK or NACK or receive no ACK corresponding to the retransmission (indicates to a logic on the wireless stack that the network packet dropped)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM JOEL CERLANEK whose telephone number is (703)756-1272. The examiner can normally be reached 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached at (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.J.C./Examiner, Art Unit 2478
/JAY L VOGEL/Primary Examiner, Art Unit 2478
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