DETAILED ACTION
Applicant’s response filed on 01/16/2026 has been entered and made of record.
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 .
Claim Status
Claims 21, 30 and 39 are amended.
No new claim is/are added.
Claims 21-40 are pending for examination.
Response to Arguments
Re: Claim Objections
Applicant’s Remarks (remark page 7), filed on 01/16/2026, regarding claim objection to claims 21, 30 and 39 have been considered and the claims have been amended. The objections to claims 21, 30 and 39 have been withdrawn in view of the amendment.
Re: Claim Rejections
Applicant’s response has been fully considered. Below are applicant’s main arguments and examiner’s response to those arguments:
Applicant’s argument: (remark pages 9-10), filed on 01/16/2026, with respect to claim 21, ‘Applicant respectfully submits that neither Liu nor Seok teaches or suggests … Thus, Liu in view of Seok does not teach or suggest, at least: "refrain from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel," as claimed in Applicant's amended independent claim 21’.
Examiner’s response: Examiner respectfully disagrees. Liu teaches Channel Switch Delay for device to delay transmission on another available channel (Liu: [FIG.12], [FIG.13], [0160]), which teaches the limitations as amended.
Applicant’s arguments (remark pages 8-10), filed on 01/16/2026, with respect to claims 21-40 have been considered but are moot in view of the new ground of rejection below which better address the claimed invention as amended.
This Office Action is made Final.
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 21-24, 26, 30-33, 35 and 39-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 14-17 and 20 of U.S. Patent No. 11431655, hereinafter US Pat 655, in view of Liu et al. (US 20160165653 A1), hereinafter “Liu”.
Per claim 21, 30 and 39:
Regarding claim 21, claim 21 recites limitations substantially the same as the combination of claim 2 and claim 6 of US Pat 655. These limitations are fully covered by the combination of claim 2 and claim 6 of US Pat 655.
Regarding claim element, ‘determine a blackout period as a duration equal to a maximum of the first CST and the second CST; refrain from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel’, Claim 2 and claim 6 of US Pat 655 teaches after waiting at least for the duration specified by the CST parameter which is a maximum CST, but is silent on for a maximum of the first CST and the second CST.
However It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reasonably infer that the duration specified by the CST parameter taught by US Pat 655 may be the greater of the first CST and the second CST in order to support the device with less capability on CST. Therefore, claim 6 of US Pat 655 may be considered teaching after waiting at least for the greater of the first CST and the second CST, in another word, determine a blackout period as a duration equal to a maximum of the first CST and the second CST; refrain from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel.
Combination of claim 2 and claim 6 of US Pat 655 do not teach, but Liu in the same field of endeavor teaches ‘a first device capability attribute’ (Liu: [0104]: “send service discovery frame (SDF) 416 which may include service information, capability information”);
‘wherein the service discovery request frame comprises a first device capability attribute, wherein the first device capability attribute comprises a first channel switch time (CST) associated with a switch to a second channel’ (Liu: [0194]: each device “may denote a preferred channel list for new a NAN datapath … on channel switch time points”, device capability attribute may comprise CST associated with a given new channel (a period during which the device is unavailable to transmit or receive immediately before switching to a given new channel));
‘wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive’ (Liu: [0104]: “send service discovery frame (SDF) 416 which may include service information, capability information”; [0091]: “device A sends P2P service discovery response 728, which can include any or all of setup attributes”; [0194]: each device “may denote a preferred channel list for new a NAN datapath … on channel switch time points”; [FIG.13]: “Channel Switch Delay”, “Post NAN Discovery Activities”, “Ch-6”, “Post-NAN Operation channels”; device capability attribute would include the first CST and the second CST of the first and second devices indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s teaching with that of combination of claim 2 and claim 6 of US Pat.655 in order to include device capability attribute such as channel switch time points in service discovery frame (see reference quotes in element above).
Instant application:
#17/898,448
Patent
US 11431655 B2
21. A device, the device comprising processing circuitry coupled to storage, the processing circuitry configured to:cause to send a service discovery request frame to a second device on a first channel, wherein the service discovery request frame comprises a first device capability attribute,
wherein the first device capability attribute comprises a first channel switch time (CST) indicating a period during which the device is unavailable to transmit or receive immediately before switching to a second channel;
identify a service discovery response frame received from the second device, wherein the service discovery response frame comprises a second device capability attribute,
wherein the second device capability attribute comprises a second CST indicating a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel;
determine a blackout period as a duration equal to a maximum of the first CST and the second CST;
refrain from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel;
cause to send a transmission to the second device over the second channel after the blackout period ends and within the availability window,
wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive.
1. A device comprising processing circuitry and storage, the processing circuitry coupled to the storage, the device being a second device, the processing circuitry configured to: identify a data path setup request frame received from a first device, wherein the data path setup request frame comprises a first device capability attribute corresponding to the first device that includes a channel switch time (CST) parameter; cause to send a data path setup response frame, wherein the data path setup response frame comprises a second device capability attribute that includes the CST parameter; identify an availability window in the first capability attribute or the second capability attribute; establish a communication with the first device on a channel using the availability window; determine to wait at least for a duration specified by the CST parameter; and
cause to send data to the first device over the second channel, within the availability window, and after waiting at least for the duration specified by the CST parameter.
2. The device of claim 1, wherein the CST parameter is a maximum CST.
6. The device of claim 1, wherein the processing circuitry is further configured to cause to send a service discovery frame in a discovery window.
Regarding claim 30, claim 30 recites the memory and the method implemented by the device of claim 21. Claim 13 of US Pat 655 recites the memory and the method implemented by the device of claim 6 and claim 9 of US Pat 655 recites the memory and the method implemented by the device of claim 2 (see nonstatutory double patenting rejection in claim 21 above).
Instant application:
#17/898,448
Patent
US 11431655 B2
30. A non-transitory computer-readable medium storing computer-executable instructions which when executed by one or more processors result in performing operations comprising:
causing to send a service discovery request frame to a second device on a first channel, wherein the service discovery request frame comprises a first device capability including a first channel switch time (CST) indicating a period during which the device is unavailable to transmit or receive immediately before switching to a second channel;
identifying a service discovery response frame received from the second device, wherein the service discovery response frame comprises a second device capability attribute including a second CST indicating a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel;
determining a blackout period as a duration equal to a maximum of the first CST and the second CST;
refraining from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel; and
causing to send a transmission to the second device over the second channel after the blackout period ends and within the availability window,
wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive.
8. A non-transitory computer-readable medium storing computer-executable instructions which, when executed by one or more processors result in performing operations comprising:
identifying a data path setup request frame received from a first device,
wherein the data path setup request frame comprises a first device capability attribute corresponding to the first device that includes a channel switch time (CST) parameter;
causing to send a data path setup response frame,
wherein the data path setup response frame comprises a second device capability attribute that includes the CST parameter;
identifying an availability window in the first capability attribute or the second capability attribute; establishing a communication with the first device on a channel using the availability window; determining to wait at least for a duration specified by the CST parameter; and
causing to send data to the first device over the second channel, within the availability window, and after waiting at least for the duration specified by the CST parameter.
9. The non-transitory computer-readable medium of claim 8, wherein the CST parameter is a maximum CST.
13. The non-transitory computer-readable medium of claim 8, wherein the processing circuitry is further configured to cause to send a service discovery frame in a discovery window.
Regarding claim 39, claim 39 recites the method implemented by the device of claim 21. Claim 20 of US Pat 655 recites the method implemented by the device of claim 6 and claim 16 of US Pat 655 recites the method implemented by the device of claim 2 (see nonstatutory double patenting rejection in claim 21 above).
Instant application:
#17/898,448
Patent
US 11431655 B2
39. A method comprising:
causing, by one or more processors, to send a service discovery request frame to a second device on a first channel,wherein the service discovery request frame comprises a first device capability attribute including a first channel switch time (CST) indicating a period during which the device is unavailable to transmit or receive immediately before switching to a second channel;
identifying a service discovery response frame received from the second device, wherein the service discovery response frame comprises a second device capability attribute including a second CST indicating a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel;
determining a blackout period as a duration equal to a maximum of the first CST and the second CST;
refraining from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel; and
causing to send a transmission to the second device over the second channel after the blackout period ends and within the availability window,
wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive.
15. A method comprising:
identifying a data path setup request frame received from a first device,
wherein the data path setup request frame comprises a first device capability attribute corresponding to the first device that includes a channel switch time (CST) parameter;
causing to send a data path setup response frame,
wherein the data path setup response frame comprises a second device capability attribute that includes the CST parameter;
identifying an availability window in the first capability attribute or the second capability attribute; establishing a communication with the first device on a channel using the availability window;
determining to wait at least for a duration specified by the CST parameter; and causing to send data to the first device over the second channel, within the availability window, and after waiting at least for the duration specified by the CST parameter.
16. The method of claim 15, wherein the CST parameter is a maximum CST.
20. The method of claim 15, wherein the processing circuitry is further configured to cause to send a service discovery frame in a discovery window.
Per claim 22, claim 31 and 40:
Regarding claim 22, claim 2 and claim 3 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
22. The device of claim 21, wherein the first CST and the second CST are in units of microseconds, and wherein the first CST is a first maximum channel switch time and the second CST is a second maximum channel switch time.
2. The device of claim 1, wherein the CST parameter is a maximum CST.
3. The device of claim 1, wherein the CST parameter is expressed in units of microseconds.
Regarding claim 31, claim 9 and claim 10 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
31. The non-transitory computer-readable medium of claim 30, wherein the first CST and the second CST are in units of microseconds, and wherein the first CST is a first maximum channel switch time and the second CST is a second maximum channel switch time
9. The non-transitory computer-readable medium of claim 8, wherein the CST parameter is a maximum CST.
10. The non-transitory computer-readable medium of claim 8, wherein the CST parameter is expressed in units of microseconds.
Regarding claim 40, claim 16 and claim 17 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
40. The method of claim 39, wherein the first CST and the second CST are in units of microseconds, and wherein the first CST is a first maximum channel switch time and the second CST is a second maximum channel switch time.
16. The method of claim 15, wherein the CST parameter is a maximum CST.
17. The method of claim 15, wherein the CST parameter is expressed in units of microseconds.
Per claim 23 and claim 32:
Regarding claim 23, claim 4 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
23. The device of claim 21, wherein a size of a field indicating the first CST or the second CST is 2 octets.
4. The device of claim 1, wherein a size of a field indicating the CST parameter is 2 octets.
Regarding claim 32, claim 11 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
32. The non-transitory computer-readable medium of claim 30, wherein a size of a field indicating the first CST or the second CST is 2 octets
11. The non-transitory computer-readable medium of claim 8, wherein a size of a field indicating the CST parameter is 2 octets
Per claim 24 and claim 33:
Regarding claim 24, claim 5 of US Pat 655 shows
Instant application:
#17/898,448
Patent
US 11431655 B2
24. The device of claim 21, wherein the transmission to the second device to the second device over the second channel is preceded by a random backoff time.
5. The device of claim 1, wherein data sent to the second device over the second channel is a first data transmission that is preceded by a random backoff time (RBT).
Regarding claim 33, claim 12 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
33. The non-transitory computer-readable medium of claim 30, wherein the transmission to the second device to the second device over the second channel is preceded by a random backoff time.
12. The non-transitory computer-readable medium of claim 8, wherein data sent to the second device over the second channel is a first data transmission that is preceded by a random backoff time (RBT).
Per claim 26 and claim 35:
Regarding claim 26, claim 7 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
26. The device of claim 21, wherein the processing circuitry is further configured to cause to send a synchronization frame to the second device
7. The device of claim 1, wherein the processing circuitry is further configured to cause to send a synchronization frame to the second device
Regarding claim 35, claim 14 of US Pat 655 shows:
Instant application:
#17/898,448
Patent
US 11431655 B2
35. The non-transitory computer-readable medium of claim 30, wherein the operations further comprise causing to send a synchronization frame to the second device.
14. The non-transitory computer-readable medium of claim 8, wherein the processing circuitry is further configured to cause to send a synchronization frame to the second device.
Claims 21, 24, 27, 30, 33 and 39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 2, 8, 11 and 13 of U.S. Patent No. 10367761, hereinafter US Pat 761, in view of Liu et al. (US 20160165653 A1), hereinafter “Liu”.
Per claim 21, 30 and 39:
Regarding claim 21, claim 21 recites limitations substantially the same as the claim 3 of US Pat 761. These limitations are fully covered by the claim 3 of US Pat 761.
Regarding claim element, ‘determine a blackout period as a duration equal to a maximum of the first CST and the second CST; refrain from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel;’, Claim 3 of US Pat 761 teaches after waiting at least for the duration specified by the CST parameter which is a maximum CST, but is silent on for a maximum of the first CST and the second CST.
However It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reasonably infer that the duration specified by the CST parameter taught by US Pat 761 may be the greater of the first CST and the second CST in order to support the device with less capability on CST. Therefore, claim 3 of US Pat 761 may be considered teaching after waiting at least for the greater of the first CST and the second CST, in another word, determining a blackout period as a duration equal to a maximum of the first CST and the second CST; refrain from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel.
Claim 3 of US Pat 761 does not teach, but Liu in the same field of endeavor teaches ‘cause to send a service discovery request frame to a second device on a first channel’ (Liu: [FIG.13]: “Service Discovery”, “Ch-6”, “Ch-149”; [0091]: “P2P service discovery request”; [0104]: “send service discovery frame”);
‘wherein the service discovery request frame comprises a first device capability attribute’ (Liu: [0104]: “send service discovery frame (SDF) 416 which may include service information, capability information”);
‘wherein the service discovery request frame comprises a first device capability attribute, wherein the first device capability attribute comprises a first channel switch time (CST) associated with a switch to a second channel’ (Liu: [0194]: each device “may denote a preferred channel list for new a NAN datapath … on channel switch time points”, device capability attribute may comprise CST associated with a given new channel (a period during which the device is unavailable to transmit or receive immediately before switching to a given new channel));
‘identify a service discovery response frame received from the second device, wherein the service discovery response frame comprises a second device capability attribute’ (Liu: [0091]: “device A sends P2P service discovery response 728, which can include any or all of setup attributes”, the request device may receive service discovery response from its peer, which may comprise response device capability attribute for setup);
‘wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive’ (Liu: [0104]: “send service discovery frame (SDF) 416 which may include service information, capability information”; [0091]: “device A sends P2P service discovery response 728, which can include any or all of setup attributes”; [0194]: each device “may denote a preferred channel list for new a NAN datapath … on channel switch time points”; [FIG.13]: “Channel Switch Delay”, “Post NAN Discovery Activities”, “Ch-6”, “Post-NAN Operation channels”; device capability attribute would include the first CST and the second CST of the first and second devices indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s teaching with that of claim 3 of US Pat.761 in order to send service discovery message with device capability attribute such as channel switch time points (see reference quotes in element above).
Instant application:
#17/898,448
Patent
US 10367761 B2
21. A device, the device comprising processing circuitry coupled to storage, the processing circuitry configured to:
cause to send a service discovery request frame to a second device on a first channel,
wherein the service discovery request frame comprises a first device capability attribute,
wherein the first device capability attribute comprises a first channel switch time (CST) indicating a period during which the device is unavailable to transmit or receive immediately before switching to a second channel;
identify a service discovery response frame received from the second device,
wherein the service discovery response frame comprises a second device capability attribute,
wherein the second device capability attribute comprises a second CST indicating a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel;
determine a blackout period as a duration equal to a maximum of the first CST and the second CST; refrain from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel; and
cause to send a transmission to the second device over the second channel after the blackout period ends and within the availability window,
wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive.
1. A device, the device comprising a memory and processing circuitry configured to:
receive a data path setup request frame from a second device,
wherein the data path setup request frame comprises a first device capability attribute that includes a channel switch time (CST) parameter;
cause to send a data path setup response frame,
wherein the data path setup response frame comprises a second device capability attribute that includes the CST parameter;
cause to establish a first communication with the second device on a first channel;
cause to establish a second communication with the second device on a second channel at a first time; cause to wait at least for a duration specified by the CST parameter; and
cause to send data to the second device over the first channel or the second channel based at least in part on the CST parameter.
3. The device of claim 1, wherein the memory and processing circuitry further comprise instructions to determine the CST parameter as a maximum value of the first device capability attribute and the second device capability attribute
Regarding claim 30, claim 30 recites the memory and the method implemented by the device of claim 21. Claim 9 of US Pat 761 recites the memory and the method implemented by the device of claim 3 (see nonstatutory double patenting rejection in claim 21 above).
Instant application:
#17/898,448
Patent
US 10367761 B2
30. A non-transitory computer-readable medium storing computer-executable instructions which when executed by one or more processors result in performing operations comprising:
causing to send a service discovery request frame to a second device on a first channel,
wherein the service discovery request frame comprises a first device capability including a first channel switch time (CST) indicating a period during which the device is unavailable to transmit or receive immediately before switching to a second channel;
identifying a service discovery response frame received from the second device,
wherein the service discovery response frame comprises a second device capability attribute including a second CST indicating a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel;
determining a blackout period as a duration equal to a maximum of the first CST and the second CST; refraining from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel; and
causing to send a transmission to the second device over the second channel after the blackout period ends and within the availability window,
wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive.
8. A non-transitory computer-readable medium storing computer-executable instructions which, when executed by one or more processors result in performing operations comprising:
causing to send, by a first device, a data path setup request frame to a second device,
wherein the data path setup request frame comprises a first device capability attribute that includes a channel switch time (CST) parameter;
receiving a data path setup response frame, wherein the data path setup response frame comprises a second device capability attribute that includes the channel switch time (CST) parameter;
causing to establish, by the first device, a first communication with the second device on a first channel;
causing to establish, by the first device, a second communication with the second device on a second channel at a first time;
causing to wait, by the first device, at least for a duration specified by the CST parameter; and
receiving data from the first device over the first channel or the second channel based at least in part on the CST parameter.
9. The non-transitory computer-readable medium of claim 8, wherein the CST parameter is a maximum value of the first device capability attribute and the second device capability attribute.
Regarding claim 39, claim 39 recites the method implemented by the device of claim 21. Claim 14 of US Pat 761 recites the method implemented by the device of claim 3 (see nonstatutory double patenting rejection in claim 21 above).
Instant application:
#17/898,448
Patent
US 10367761 B2
39. A method comprising:
causing, by one or more processors, to send a service discovery request frame to a second device on a first channel,
wherein the service discovery request frame comprises a first device capability attribute including a first channel switch time (CST) indicating a period during which the device is unavailable to transmit or receive immediately before switching to a second channel;
identifying a service discovery response frame received from the second device,
wherein the service discovery response frame comprises a second device capability attribute including a second CST indicating a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel;
determining a blackout period as a duration equal to a maximum of the first CST and the second CST;
refraining from transmitting data during the blackout period, wherein the blackout period is incurred immediately before a start of an availability window on the second channel; and
causing to send a transmission to the second device over the second channel after the blackout period ends and within the availability window,
wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices, and indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive.
13. A method comprising:
receiving, by a first device, a data path setup request frame from a second device wherein the data path setup request frame comprises a first device capability attribute that includes a channel switch time (CST); causing to send a data path setup response frame,
wherein the data path setup response frame comprises a second device capability attribute that includes the CST parameter;
causing to establish, by the first device, a first communication with the second device on a first channel;
causing to establish, by the first device, a second communication with the second device on a second channel at a first time;
causing to wait, by the first device, at least for a duration specified by the CST parameter; and
causing to send, by the first device, data to the second device over the first channel or the second channel based at least in part on the CST parameter.
14. The method of claim 13, further comprising determining the CST parameter as a maximum value of the first device capability attribute and the second device capability attribute.
Per claim 24 and 33:
Regarding claim 24, claim 5 of US Pat 761 shows:
Instant application:
#17/898,448
Patent
US 10367761 B2
24. The device of claim 21, wherein the transmission to the second device to the second device over the second channel is preceded by a random backoff time.
5. The device of claim 1, wherein the memory and processing circuitry further comprise instructions to cause the device to wait for a duration specified by a random backoff time (RBT) before the causing to send data to the second device.
Regarding claim 33, claim 11 of US Pat 761 shows:
Instant application:
#17/898,448
Patent
US 10367761 B2
33. The non-transitory computer-readable medium of claim 30, wherein the transmission to the second device to the second device over the second channel is preceded by a random backoff time.
11. The non-transitory computer-readable medium of claim 8, wherein the computer-executable instructions further comprise instructions causing the first device to wait for a duration specified by a random backoff time (RBT) before the data is received.
Regarding claim 27, claim 2 of US Pat 761 shows:
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#17/898,448
Patent
US 10367761 B2
27. The device of claim 21, wherein the processing circuitry is further configured to indicate one or more availability windows on the first channel and the second channel during a NAN data path connection setup.
2. The device of claim 1, wherein the memory and processing circuitry that cause to establish a communication with the second device on a second channel at a first time further comprise using at least an availability window.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 21-22, 24-31, and 33-40 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 20160165653 A1), hereinafter “Liu”, in view of Seok et al. (US 20140086200 A1), hereinafter “Seok”.
Per claim 21, 30 and 39:
Regarding claim 21, Liu teaches ‘A device’ (Liu: [FIG.3]: “Client Station”); ‘the device comprising processing circuitry (Liu: [FIG.3]: “Circuity”); ‘coupled to’ (this is implied); ‘storage’ (Liu: [FIG.3]: “Memory”);
‘the processing circuitry configured to:
cause to send a service discovery request frame to a second device on a first channel’ (Liu: [FIG.13]: “Service Discovery”, “Ch-6”, “Ch-149”; [0091]: “P2P service discovery request”; [0104]: “send service discovery frame”);
‘wherein the service discovery request frame comprises a first device capability attribute’ (Liu: [0104]: “send service discovery frame (SDF) 416 which may include service information, capability information”);
‘wherein the service discovery request frame comprises a first device capability including a first channel switch time (CST) indicating a period during which the device is unavailable to transmit or receive immediately before switching to a second channel’ (Liu: [0194]: each device “may denote a preferred channel list for new a NAN datapath … on channel switch time points”, device capability attribute may comprise CST associated with a given new channel (a period during which the device is unavailable to transmit or receive immediately before switching to a given new channel));
‘identify a service discovery response frame received from the second device, wherein the service discovery response frame comprises a second device capability attribute’ (Liu: [0091]: “device A sends P2P service discovery response 728, which can include any or all of setup attributes”, the request device may receive service discovery response from its peer, which may comprise response device capability attribute for setup).
Liu does not expressly teach, but Seok in the same field of endeavor teaches ‘a second CST indicating a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel’ (Seok: [0202]: “The AP having received the channel switch request frame including the switch time information transmits the channel switch response frame to the STA”; [0203]: “the switch time information established by the AP may be contained in the Channel Switch Response frame”, another CST associated with the given channel from response device (a period during which the second device is unavailable to transmit or receive immediately before switching to the second channel)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Seok’s teaching with that of Liu in order for response device to include its CST in the device capability attribute if it needs a larger CST than its request peer (see reference quotes in element above).
Combination of Liu and Seok teaches ‘determine a blackout period as a duration equal to a maximum of the first CST and the second CST’ (Liu: [FIG.13]: “Channel Switch Delay”; [0160]: “In addition, note that there may be a delay, such as channel switch delay 1202, associated with a NAN device moving (or tuning) from one channel to another channel”. Seok: [0203]: “If a predetermined time needed for the STA moving (or switching) to the selected sub-channel is shorter than another time needed for the AP moving (or switching) to the selected sub-channel, the switch time information established by the AP may be contained in the Channel Switch Response frame. In this case, the STA may communicate with the AP using the selected sub-channel after lapse of the switch time contained in the Channel Switch Response frame”, would send a transmission after waiting for a determined CST to be a maximum of the first CST and the second CST (a blackout period as a duration equal to a maximum of the first CST and the second CST));
‘refrain from transmitting data during the blackout period’ (discussed in element above);
‘wherein the blackout period is incurred immediately before a start of an availability window on the second channel’ (Liu: [FIG.13]: “Ch-6”, “Ch-149”, “Channel Switch Delay” is immediately before a start of an availability window on the second channel; [0160]: “In addition, note that there may be a delay, such as channel switch delay 1202, associated with a NAN device moving (or tuning) from one channel to another channel”);
‘cause to send a transmission to the second device over the second channel after the blackout period ends and within the availability window’ (Liu: [FIG.12]; [FIG.13]: “Channel Switch Delay”, “Post NAN Discovery Activities”, “Ch-6”, “Post-NAN Operation channels”. Seok: [0203]: “the STA may communicate with the AP using the selected sub-channel after lapse of the switch time”; cause a transmission to the second device over the second channel after the blackout period ends and within the availability window);
‘wherein the first CST and the second CST are included in respective Device Capability attributes of the first and second devices indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive’ (Liu: [0104]: “send service discovery frame (SDF) 416 which may include service information, capability information”; [0091]: “device A sends P2P service discovery response 728, which can include any or all of setup attributes”; [0194]: each device “may denote a preferred channel list for new a NAN datapath … on channel switch time points”; [FIG.13]: “Channel Switch Delay”, “Post NAN Discovery Activities”, “Ch-6”, “Post-NAN Operation channels”; device capability attribute would include the first CST and the second CST of the first and second devices indicate respective blackout periods immediately before channel switching during which the corresponding device is unavailable to transmit or receive).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Seok’s teaching of device with less capable in channel switching (needs longer channel switching time) would include its desired CST value in response message with that of Liu in order for response device to include its CST in the device capability attribute if it needs a larger CST than its request peer (see reference quotes in element above).
Regarding claim 30, claim 30 recites the memory and the method implemented by the device of claim 21 (see rejection of claim 21 above).
Regarding claim 39, claim 39 recites the method implemented by the device of claim 21 (see rejection of claim 21 above).
Per claim 22, 31 and 40:
Regarding claim 22, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Combination of Liu and Seok teaches ‘wherein the first CST and the second CST are in units of microseconds’ (Liu: [TABLE 16]: “Channel Switch Timing element to switch channels, in units of microseconds”);
‘wherein the first CST is a first maximum channel switch time and the second CST is a second maximum channel switch time’ (Liu: [0194]: each device “may denote a preferred channel list for new a NAN datapath … on channel switch time points”; [0158]: “P2P group may be created for two or more devices to exchange data with each other”. Seok: [0203]: “If a predetermined time needed for the STA moving (or switching) to the selected sub-channel is shorter than another time needed for the AP moving (or switching) to the selected sub-channel, the switch time information established by the AP may be contained in the Channel Switch Response frame. In this case, the STA may communicate with the AP using the selected sub-channel after lapse of the switch time contained in the Channel Switch Response frame”; for a given channel in the list, CST may be the maximum one among the group).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Seok’s teaching with that of Liu in order support the device with least capability on CST in a P2P group (see reference quotes in element above).
Regarding claim 31, claim 31 recites the memory and the method implemented by the device of claim 22 (see rejection of claim 22 above).
Regarding claim 40, claim 40 recites the method implemented by the device of claim 22 (see rejection of claim 22 above).
Per claim 24 and 33:
Regarding claim 24, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Liu teaches ‘wherein the transmission to the second device over the second channel is preceded by a random backoff time’ (Liu: [FIG.13]: “Ch-6”, “Ch-149”, “Post NAN Discovery Activities”; [0184]: “the NAN device may conduct a random backoff from the beginning of a selected DWE before transmitting”; transmission over the second channel may be preceded by a random backoff time).
Regarding claim 33, claim 33 recites the memory and the method implemented by a device similar as in claim 24 (see rejection of claim 24 above).
Per claim 25 and 34:
Regarding claim 25, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Liu teaches ‘wherein the transmission to the second device over the second channel is done at a start of a discovery window (DW)’ (Liu: [FIG.13]: “NAN DW”, “Post NAN Discovery Activities”, “Ch-6”, “Ch-149”, transmission over the second channel may be done at a start of a discovery window (DW)).
Regarding claim 34, claim 34 recites the memory and the method implemented by the device of claim 25 (see rejection of claim 25 above).
Per claim 26 and 35:
Regarding claim 26, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Liu teaches ‘cause to send a synchronization frame to the second device’ (Liu: [FIG.13]: “Post NAN Discovery Activities”, “Ch-6”, “Ch-149”; [0160]: “post-NAN operation channels, may carry … synchronization beacons”, may send a synchronization frame to the second device).
Regarding claim 35, claim 35 recites the memory and the method implemented by the device of claim 26 (see rejection of claim 26 above).
Per claim 27 and 36:
Regarding claim 27, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Liu teaches ‘indicate one or more availability windows on the first channel and the second channel during a NAN data path connection setup’ (Liu: [0020]: “NAN datapath setup”; [0022]: “availability window”; [FIG.12]: availability window on Ch-149 and Ch-36; [0155]: “FIG. 12 illustrates signaling for scheduling a further availability window”; may indicate one or more availability windows on the first channels during a NAN data path connection setup).
Regarding claim 36, claim 36 recites the memory and the method implemented by the device of claim 27 (see rejection of claim 27 above).
Per claim 28 and 37:
Regarding claim 28, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Liu does not expressly teach, but Seok teaches ‘wherein the first CST indicate a time where the device is not available to transmit or receive data’ (Seok: [0204]: “In addition, the Channel Switch Request frame may include duration information. The duration information requested for the AP may indicate that the STA will use the selected sub-channel during only a specific time corresponding to the duration value contained in the Channel Switch Request frame”; the request device would indicate the time outside its duration may be not available to transmit or receive data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Seok’s teaching with that of Liu for request device to indicate its available duration so that its peer device may avoid communications outside of the available time (see reference quotes in element above).
Regarding claim 37, claim 37 recites the memory and the method implemented by the device of claim 28 (see rejection of claim 28 above).
Per claim 29 and 38:
Regarding claim 29, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Liu does not expressly teach, but Seok teaches ‘wherein the second CST indicates a time where the second device is not available to transmit or receive data’ (Seok: [0205]: “The duration information may also be contained in the Channel Switch Response frame … thus defer a channel access by establishing an NAV corresponding to a specific time”, the response device would indicate the time outside its duration may be not available to transmit or receive data).
Regarding claim 38, claim 38 recites the memory and the method implemented by the device of claim 29 (see rejection of claim 29 above).
Claims 23 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over combination of Liu and Seok as applied to claim 21 above, further in view of Gossain et al. (US 20100103850 A1), hereinafter “Gossain”.
Per claim 23 and 32:
Regarding claim 23, combination of Liu and Seok teaches the device of claim 21 (discussed above).
Combination of Liu and Seok does not expressly teach, but Gossain in the same field of endeavor teaches ‘wherein a size of a field indicating the first CST or the second CST is 2 octets’ (Gossain: [FIG.5]: Channel Switch duration or start count; [0038]: either Channel Switch duration or start count ("CST parameter") in the message have a size of 2 octets).
It would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Gossain’s teaching with that of combination of Liu and Seok in order to provide a method and apparatus to select a channel in a wireless communication system to facilitate a smooth channel switch operation (Gossain: [0039]: “to facilitate the scanning procedure at AP/IAP … a Mesh Channel Switch Announcement (M-CSA) (shown in FIG. 6) to indicate its future channel of operation”).
Regarding claim 32, claim 32 recites the memory and the method implemented by the device of claim 23 (see rejection of claim 23 above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUOXING FAN whose telephone number is (703)756-1310. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm ET.
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/G.F./Examiner, Art Unit 2462
/YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462