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 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.
Claim 43 is 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 43 depends on claim 30 and recites “wherein a preset duration is greater than or equal to 30 minutes.” However, claim 30 does not recite any steps, timers, or actions associated with a duration. Therefore, it is entirely unclear what “a preset duration” modifies or refers to, rendering the limitation floating and the scope of the claim indefinite.
For purposes of examination, if claim 43 was intended to depend on claim 37 (which does recite a “preset duration” tied to a specific action), the recited duration of 30 minutes appears inconsistent with the disclosure of the specification ¶ [0114], which describes a CAC duration as one minute and a preset duration as 30 seconds. Therefore, the scope of claim 43 cannot be ascertained. Appropriate correction is required.
Response to Arguments
Applicant’s arguments with respect to claims 27-40 and 42-47 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 27-28, 34-35, 37, 39, 40, 43-45, 47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kun et al. (US 20170142728).
Regarding claim 27, Kun discloses:
A first terminal comprising: ([0085] The system can include an access point device 1402 (e.g., first terminal) that can be communicatively coupled to one or more other devices, which can be agility agents (e.g., DFS master device/routing device), as discussed herein.)
a memory configured to store instructions; a processor coupled to the memory, wherein when executed by the processor, the instructions cause the first terminal configured to: ([0110] The access point device 1604 can include at least one processor 1610 (or a microprocessor) and at least one memory 1612. At least one memory 1612, can store computer executable components and/or computer executable instructions.)
determine whether the first terminal is configured to operate on a first 5gigahertz (GHz) channel; ([0087] The access point device 1402 can operate on a non-DFS channel until a DFS channel becomes available.)
receive, when the first terminal is configured to operate on the first 5 GHz channel and prior to performing communication on the first 5 GHz channel, a beacon frame broadcast on a dynamic frequency selection (DFS) channel; ([0088] Each of the first DFS master device 1404 … can include respective beacon generators, respective radar detectors, respective 5 GHz radio transceivers,… [0089] The beacon generator can generate a first beacon in a first 5 GHz radio channel … The radar detector can scan for a first radar signal in the first 5 GHz radio channel. Further, the 5 GHz radio transceiver can transmit the first beacon in the first 5 GHz radio channel and can receive the first radar signal in the first 5 GHz radio channel; [0067] FIG. 6A also shows an exemplary waveform 630 of the multiple beacon transmissions from the DFS master to indicate the availability of the multiple DFS channels to nearby host and non-host (ordinary) access points)
determine, based on receiving the beacon frame broadcast on the DFS channel when a routing device does not detect a radar signal during a channel availability check (CAC), that the DFS channel is available for use by the first terminal; ([0090] the communication to the access point device 1402 can include information that the first 5 GHz radio channel is available for use based on a first determination that the first 5 GHz radio channel does not comprise the first radar signal. [0091] based on a determination that the first 5 GHz radio channel does not contain the first radar signal, data related to the first 5 GHz radio channel can be retained in a whitelist … The whitelist can also include respective data related to other 5 GHz radio channels determined to be available for use (e.g., no radar signal detected). The data related to the first 5 GHz radio channel (as well as data related to other 5 GHz radio channels included in the whitelist) can be reported to the access point device 1402. Based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel)
avoid, in response to determining that the DFS channel is available for use by the first terminal, performing CAC; ([0087] The access point device 1402 does not perform CAC according to the various aspects provided herein. Instead, the one or more DFS master devices perform the CAC and provide the results to the access point device 1402; [0091] For example, based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel and, at substantially the same time, begin continuous in-service monitoring of the access channel. Accordingly, time can be saved at the access point device 1402 by eliminating the need for the access point device 1402 to perform CAC and/or to wait for the CAC to be conducted by another device.)
and perform communication on the first 5 GHz channel without having performed CAC. ([0091] For example, based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel and, at substantially the same time, begin continuous in-service monitoring of the access channel. Accordingly, time can be saved at the access point device 1402 by eliminating the need for the access point device 1402 to perform CAC and/or to wait for the CAC to be conducted by another device.)
Regarding claims 28 and 45, Kun discloses:
wherein while receiving the beacon frame on the DFS channel, when executed by the processor, the instructions further cause the first terminal to:
establish a communication connection to a second terminal on the first 5 GHz channel;
and communicate with the second terminal based on the communication connection. ([0049] Independent of a host access point 218, the agility agent 200, in the role of an autonomous DFS master device, may also provide the channel indication and channel selection control to one or more peer-to-peer client devices 231, 232 within the coverage area by (a) signaling availability of one or more DFS channels by simultaneous transmission of one or more beacon signals; [0051] In the peer-to-peer network 300, the agility agent 200 sends over-the-air control signals 320 to the client devices 231, 232, 331 including indications of channels free of occupying signals such as DFS channels free of radar signals. Alternatively, the agility agent communicates with just one client device 331 which then acts as the group owner to initiate and control the peer-to-peer communications with other client devices 231, 232. The client devices 231, 232, 331 have peer-to-peer links 321 through which they communicate with each other; [0091] based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel)
Regarding claim 34, Kun discloses:
wherein when executed by the processor, the instructions further cause the first terminal is further configured to:
obtain the routing device identifier from the beacon frame; ([0055] A common SSID may be used for all beacons of our system.)
and determine that the routing device identifier belongs to a preset routing device whitelist;
and increase, in response to obtaining the routing device identifier from the beacon frame and determining that the routing device identifier belongs to the preset routing device whitelist, the quantity of the second routing devices by one. ([0087] the one or more DFS master devices perform the CAC and provide the results to the access point device 1402. Thus, according to these implementations, the one or more DFS master devices can report the DFS channel information to the access point device 1402. [0091] For example, based on a determination that the first 5 GHz radio channel does not contain the first radar signal, data related to the first 5 GHz radio channel can be retained in a whitelist, which can be stored in respective memories of the DFS master devices.)
Regarding claim 35, Kun discloses:
wherein when executed by the processor, the instructions further cause the first terminal to:
obtain the routing device identifier from the beacon frame; ([0055] A common SSID may be used for all beacons of our system.)
determine that the routing device identifier does not belong to a preset routing device blacklist; (([0087] the one or more DFS master devices perform the CAC and provide the results to the access point device 1402. Thus, according to these implementations, the one or more DFS master devices can report the DFS channel information to the access point device 1402. [0091] For example, based on a determination that the first 5 GHz radio channel does not contain the first radar signal, data related to the first 5 GHz radio channel can be retained in a whitelist, which can be stored in respective memories of the DFS master devices.). [0066] If a radar pattern is detected, the DFS master beacon for the respective channel is stopped, and the channel is marked in the blacklist and removed from the whitelist (and no longer ISM scanned))
and increase, in response to obtaining the routing device identifier from the beacon frame and determining that the routing device identifier does not belong to the preset routing device blacklist, the quantity of the second routing devices by one. ([0091] For example, based on a determination that the first 5 GHz radio channel does not contain the first radar signal, data related to the first 5 GHz radio channel can be retained in a whitelist, which can be stored in respective memories of the DFS master devices.))
Regarding claim 37, Kun discloses:
wherein when executed by the processor, the instructions further cause the first terminal is further configured to perform the communication on the first 5 GHz channel when the first terminal is configured to operate on the first 5 GHz channel and receives the beacon frame on the DFS channel within a preset duration after the first terminal is configured to operate on the first 5 GHz channel, and wherein the preset duration is less than a CAC duration. ([0055] If at step 406 the DFS master does not detect a radar pattern 410, the DFS master marks this channel in the whitelist and switches the embedded radio to transmit (Tx) (not shown in FIG. 4) at this channel. The DFS master may include additional information in the whitelist including a time stamp. The DFS master then transmits (not shown in FIG. 4) a DFS master beacon signal for minimum required period of n (which is the period of the beacon transmission defined by IEEE 802.11 requirements, usually very short on the order of a few microseconds); [0003] The DFS master actively scans the DFS channels and performs a channel availability check (CAC) and periodic in-service monitoring (ISM) after the channel availability check. The channel availability check lasts sixty seconds as required by Federal Communication Commission (FCC) standards.)
Regarding claim 39, Kun discloses:
wherein when executed by the processor, the instructions further cause the first terminal is further configured to:
send a first action frame to the routing device when the first terminal is configured to operate on the first 5 GHz channel, wherein the first action frame requests to query whether the DFS channel is available; ([0098] The access point device can ask one or more DFS master devices to dynamically take over the DFS functionalities … performs configuration changes, and then resumes its radio on the channels that were being handled by the DFS master devices without waiting for or re-doing the channel availability check.)
receive a second action frame from the routing device based on the first action frame, wherein the second action frame indicates a query result of the DFS channel; ([0090] The sensor and the embedded processor can communicate to the access point device 1402 information related to the first 5 GHz radio channel. For example, the communication to the access point device 1402 can include information that the first 5 GHz radio channel is available for use based on a first determination that the first 5 GHz radio channel does not comprise the first radar signal.)
and perform communication on the first 5 GHz channel when determining, based on the second action frame, that the DFS channel is available or receiving the beacon frame on the DFS channel; ([0091] based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel)
Regarding claim 40, Kun discloses:
wherein the first terminal comprises an access point (AP) or a group owner (GO), and wherein the second terminal comprises a station (STA) or a group client (GC). ([0051] In the peer-to-peer network 300, the agility agent 200 sends over-the-air control signals 320 to the client devices 231, 232, 331 including indications of channels free of occupying signals such as DFS channels free of radar signals. Alternatively, the agility agent communicates with just one client device 331 which then acts as the group owner to initiate and control the peer-to-peer communications with other client devices 231, 232. The client devices 231, 232, 331 have peer-to-peer links 321 through which they communicate with each other)
43. The first terminal of claim 30, wherein a preset duration is greater than or equal to 30 minutes. (Note: improper dependency)
Regarding claim 44, Kun discloses:
A system comprising: a routing device; and a first terminal communicatively coupled to the first terminal and configured to: ([0085] The system can include an access point device 1402 that can be communicatively coupled to one or more other devices, which can be agility agents, as discussed herein. In FIG. 14, these devices are illustrated as dynamic frequency selection (DFS) master devices.)
determine whether the first terminal is configured to operate on a first 5 gigahertz (GHz) channel of a first frequency bandwidth, wherein the first frequency bandwidth comprises a dynamic frequency selection (DFS) channel; ([0036] FIG. 1 illustrates portions of the 5 GHz Wi-Fi spectrum 101. FIG. 1 shows the frequencies 102 and channels 103 that make up portions of the 5 GHz Wi-Fi spectrum 101. The U-NII band is an FCC regulatory domain for 5-GHz wireless devices and is part of the radio frequency spectrum used by IEEE 802.11ac/n devices and by many wireless ISPs. ([0087] The access point device 1402 can operate on a non-DFS channel until a DFS channel becomes available.))
send, when the first terminal is configured to operate on the first 5 GHz channel and prior to performing communication on the first 5 GHz channel, a first action frame on a non-DFS channel, wherein the first action frame requests to query whether the DFS channel is available; ([0087] The access point device 1402 can operate on a non-DFS channel until a DFS channel becomes available; [0098] The access point device can ask one or more DFS master devices to dynamically take over the DFS functionalities … performs configuration changes, and then resumes its radio on the channels that were being handled by the DFS master devices without waiting for or re-doing the channel availability check.)
receive a second action frame based on the first action frame, wherein the second action frame comprises a query result of the DFS channel indicating whether the routing device detected a radar signal during a channel availability check (CAC); ([0090] The sensor and the embedded processor can communicate to the access point device 1402 information related to the first 5 GHz radio channel. For example, the communication to the access point device 1402 can include information that the first 5 GHz radio channel is available for use based on a first determination that the first 5 GHz radio channel does not comprise the first radar signal; [0087] the one or more DFS master devices perform the CAC and provide the results to the access point device 1402. Thus, according to these implementations, the one or more DFS master devices can report the DFS channel information to the access point device 1402.)
determine, based on the second action frame received from the routing device, that the DFS channel is available for use by the first terminal; ([0091] based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel and, at substantially the same time, begin continuous in-service monitoring of the access channel.)
and avoid, in response to determining that the DFS channel is available for use by the first terminal, performing CAC; ([0091] Accordingly, time can be saved at the access point device 1402 by eliminating the need for the access point device 1402 to perform CAC and/or to wait for the CAC to be conducted by another device)
and perform communication on the first 5 GHz channel without having performed CAC ([0091] based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel and, at substantially the same time, begin continuous in-service monitoring of the access channel.. Accordingly, time can be saved at the access point device 1402 by eliminating the need for the access point device 1402 to perform CAC and/or to wait for the CAC to be conducted by another device), wherein the routing device onfigured to:
perform the CAC before communicating on the first 5 GHz channel; ([0087] the one or more DFS master devices perform the CAC and provide the results to the access point device 1402. Thus, according to these implementations, the one or more DFS master devices can report the DFS channel information to the access point device 1402.)
query, when receiving the first action frame, whether the DFS channel is available based on performing the CAC, wherein the DFS channel is available when the routing device does not detect a radar signal during the CAC; (0087] the one or more DFS master devices perform the CAC and provide the results to the access point device 1402. [0098] The access point device can ask one or more DFS master devices to dynamically take over the DFS functionalities … performs configuration changes, and then resumes its radio on the channels that were being handled by the DFS master devices without waiting for or re-doing the channel availability check; [0090] The sensor and the embedded processor can communicate to the access point device 1402 information related to the first 5 GHz radio channel. For example, the communication to the access point device 1402 can include information that the first 5 GHz radio channel is available for use based on a first determination that the first 5 GHz radio channel does not comprise the first radar signal)
and send the second action frame to the first terminal based on the query result. ([0091] based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel and, at substantially the same time, begin continuous in-service monitoring of the access channel.
Regarding claim 47, Kun discloses:
wherein the routing device is further configured to perform the CAC after a startup, after an initialization, or before entering the first 5 GHz channel again. ([0054] At the first scan (e.g., CAC) after startup or reset, if a radar pattern is detected in the first channel scanned, the DFS master may repeat the above steps until a channel free of radar signals is found.)
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 29 - 32, 38, 42, 46 are rejected under 35 U.S.C. 103 as being unpatentable over Kun et al. (US 20170142728) in view of Dutta et al. (US 20180054739).
Regarding claims 29 and 46, Kun discloses:
wherein while communicating with the second terminal after avoiding performing CAC ([0137] As discussed herein provided is a system, which can include multiple DFS Masters, that can perform soft handover of DFS functionalities so that client devices (e.g., devices being serviced by an access point device) does not experience network down time due to waiting for a channel availability check.), and when monitoring the DFS channel and detecting that the DFS channel comprises the radar signal ([0091] based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel and, at substantially the same time, begin continuous in-service monitoring of the access channel. [0095] During the continuous in-service monitoring of the first 5 GHz radio channel, the access point device 1402 may detect radar.), when executed by the processor, the instructions further cause the first terminal is further configured to:
switch to a second 5 GHz channel … ([0095] The access point device 1402 may select another 5 GHz channel from the whitelist (provided another access point is not using that channel),
Kun does not disclose:
switch to a second 5 GHz channel of a second frequency bandwidth, wherein the second frequency bandwidth is less than a first frequency bandwidth wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth, and wherein the second frequency bandwidth does not comprise the DFS channel; send first communication data to the second terminal on the second 5 GHz channel; and send, to the second terminal, a first action frame instructing the second terminal to switch to the second 5 GHz channel
However, Dutta discloses:
switch to a second 5 GHz channel of a second frequency bandwidth, wherein the second frequency bandwidth is less than a first frequency bandwidth ([0034] The wireless device may switch from operating in a 160 MHz mode (e.g., first frequency bandwidth) or in a 80+80 MHz mode to operating in a single 80 MHz mode (e.g., second frequency bandwidth) or in a 40+40 MHz mode, for example. In either such change, the maximum bandwidth throughput that the wireless device may be capable of decreases from 160 MHz to 80 MHz. Such a decrease in bandwidth utilization may be referred to as a bandwidth “step down” or “contraction.”), wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth ([0031] A range of bandwidths or frequencies may be referred to individually or collectively as a “spectrum” or “spectrums,” e.g., 5.250 GHz to 5.350 GHz. Certain ranges of bandwidths or frequencies may be subdivided into channels of varying widths. For example, common channel widths related to the 5 GHz spectrum include 20 MHz, 40 MHz, 80 MHz, and 160 MHz; Examiner’s Note: 20 MHz, 40 MHz, 80 MHz, and 160 MHz has the same center frequency which is 5 GHz), and wherein the second frequency bandwidth does not comprise the DFS channel; ([0081] the AP 402 may determine a second bandwidth configuration for all of the identified unrestricted subchannels (e.g., non-DFS channel)… the AP 402 may initiate a bandwidth step down when the radar is detected. In other embodiments, the AP 402 may maintain a stepped down bandwidth (e.g., 80 MHz) when the radar is detected.)
send first communication data to the second terminal on the second 5 GHz channel; ([0034] when implementing bandwidth step ups or step downs, the wireless device (e.g., AP) may notify another device or devices (e.g., a STA or STAs) of the change. In one embodiment, the wireless device may notify other devices of the change in a beacon, for example a beacon that includes a Bandwidth Switch Announcement (BSA))
and send, to the second terminal, a first action frame instructing the second terminal to switch to the second 5 GHz channel ([0034] when implementing bandwidth step ups or step downs, the wireless device (e.g., AP) may notify another device or devices (e.g., a STA or STAs) of the change. In one embodiment, the wireless device may notify other devices of the change in a beacon, for example a beacon that includes a Bandwidth Switch Announcement (BSA))
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of Kun with the teachings of Dutta, to include switch to a second 5 GHz channel of a second frequency bandwidth, wherein the second frequency bandwidth is less than a first frequency bandwidth wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth, and wherein the second frequency bandwidth does not comprise the DFS channel; send first communication data to the second terminal on the second 5 GHz channel; and send, to the second terminal, a first action frame instructing the second terminal to switch to the second 5 GHz channel. The motivation would have been to improve systems, methods, and devices for communicating when wireless networks are densely populated, have interference, and/or are hindered by government regulations are desired (Dutta ¶ [0004]).
Regarding claim 30, Kun discloses:
receiving the beacon frame on the DFS channel (([0088] Each of the first DFS master device 1404 … can include respective beacon generators, respective radar detectors, respective 5 GHz radio transceivers,… [0089] The beacon generator can generate a first beacon in a first 5 GHz radio channel … The radar detector can scan for a first radar signal in the first 5 GHz radio channel. Further, the 5 GHz radio transceiver can transmit the first beacon in the first 5 GHz radio channel and can receive the first radar signal in the first 5 GHz radio channel. [0090] the communication to the access point device 1402 can include information that the first 5 GHz radio channel is available for use based on a first determination that the first 5 GHz radio channel does not comprise the first radar signal.)
Kun does not disclose:
wherein while sending the first communication data to the second terminal on the second 5 GHz channel and when receiving the beacon frame on the DFS channel again, when executed by the processor, the instructions further cause the first terminal to: switch to the first 5 GHz channel again; send the first communication data to the second terminal on the first 5 GHz channel; and send, to the second terminal, a second action frame instructing the second terminal to switch to the first 5 GHz channel
However, Dutta discloses:
wherein while sending the first communication data to the second terminal on the second 5 GHz channel ([0034] the wireless device may be forced to initiate a bandwidth step down in the event that previously available channels have become unavailable or prohibited from communication.) and when receiving the beacon frame on the DFS channel again ([0034] the wireless device may initiate a bandwidth step up if previously unavailable or prohibited channels become available for communication), when executed by the processor, the instructions further cause the first terminal to:
switch to the first 5 GHz channel again; ([0034] the wireless device may switch from operating in, for example, a single 80 MHz mode or in a 40+40 MHz mode to operating in a 160 MHz mode or in a 80+80 MHz mode. In these cases, the maximum bandwidth throughput that the wireless device may be capable of increases from 80 MHz to 160 MHz. Such an increase in bandwidth utilization may be referred to as a bandwidth “step up” or “expansion.” For example, the wireless device may initiate a bandwidth step up if previously unavailable or prohibited channels become available for communication.)
send the first communication data to the second terminal on the first 5 GHz channel; ([0034] In accordance with an embodiment, when implementing bandwidth step ups or step downs, the wireless device may notify another device or devices (e.g., a STA or STAs) of the change. In one embodiment, the wireless device may notify other devices of the change in a beacon, for example a beacon that includes a Bandwidth Switch Announcement (BSA), as further discussed below with respect to FIG. 5.)
and send, to the second terminal, a second action frame instructing the second terminal to switch to the first 5 GHz channel ([0034] In accordance with an embodiment, when implementing bandwidth step ups or step downs, the wireless device may notify another device or devices (e.g., a STA or STAs) of the change. In one embodiment, the wireless device may notify other devices of the change in a beacon, for example a beacon that includes a Bandwidth Switch Announcement (BSA), as further discussed below with respect to FIG. 5.)
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of Kun with the teachings of Dutta, to include wherein while sending the first communication data to the second terminal on the second 5 GHz channel and when receiving the beacon frame on the DFS channel again, when executed by the processor, the instructions further cause the first terminal to: switch to the first 5 GHz channel again; send the first communication data to the second terminal on the first 5 GHz channel; and send, to the second terminal, a second action frame instructing the second terminal to switch to the first 5 GHz channel. The motivation would have been to improve systems, methods, and devices for communicating when wireless networks are densely populated, have interference, and/or are hindered by government regulations are desired (Dutta ¶ [0004]).
Regarding claims 31 and 38, Kun discloses:
wherein while performing the communication on the first 5 GHz channel after avoiding performing CAC ([0137] As discussed herein provided is a system, which can include multiple DFS Masters, that can perform soft handover of DFS functionalities so that client devices (e.g., devices being serviced by an access point device) does not experience network down time due to waiting for a channel availability check.), and when monitoring the DFS channel and detecting that the DFS channel comprises the radar signal ([0091] based on the determination that a radar signal was not detected on the first 5 GHz channel, the access point device 1402 can immediately begin to use the first 5 GHz channel and, at substantially the same time, begin continuous in-service monitoring of the access channel. [0095] During the continuous in-service monitoring of the first 5 GHz radio channel, the access point device 1402 may detect radar.), , when executed by the processor, the instructions further cause the first terminal is further configured to:
switch to a second 5 GHz channel … ([0095] The access point device 1402 may select another 5 GHz channel from the whitelist (provided another access point is not using that channel),
Kun does not disclose:
switch to a second 5 GHz channel of a second frequency bandwidth to perform communication, wherein the second frequency bandwidth is less than a first frequency bandwidth, wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth and wherein the second frequency bandwidth does not comprise the DFS channel.
However, Dutta discloses:
switch to a second 5 GHz channel of a second frequency bandwidth to perform communication, wherein the second frequency bandwidth is less than a first frequency bandwidth ([0034] The wireless device may switch from operating in a 160 MHz mode (e.g., first frequency bandwidth) or in a 80+80 MHz mode to operating in a single 80 MHz mode (e.g., second frequency bandwidth) or in a 40+40 MHz mode, for example. In either such change, the maximum bandwidth throughput that the wireless device may be capable of decreases from 160 MHz to 80 MHz. Such a decrease in bandwidth utilization may be referred to as a bandwidth “step down” or “contraction.”), wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth ([0031] A range of bandwidths or frequencies may be referred to individually or collectively as a “spectrum” or “spectrums,” e.g., 5.250 GHz to 5.350 GHz. Certain ranges of bandwidths or frequencies may be subdivided into channels of varying widths. For example, common channel widths related to the 5 GHz spectrum include 20 MHz, 40 MHz, 80 MHz, and 160 MHz; in other words, 20 MHz, 40 MHz, 80 MHz, and 160 MHz has the same center frequency which is 5 GHz), and wherein the second frequency bandwidth does not comprise the DFS channel. ([0081] the AP 402 (e.g., first terminal) may determine a second bandwidth configuration for all of the identified unrestricted subchannels (e.g., non-DFS channel) … the AP 402 may initiate a bandwidth step down when the radar is detected. In other embodiments, the AP 402 may maintain a stepped down bandwidth (e.g., 80 MHz) when the radar is detected.)
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of Kun with the teachings of Dutta, to include switch to a second 5 GHz channel of a second frequency bandwidth to perform communication, wherein the second frequency bandwidth is less than a first frequency bandwidth, wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth and wherein the second frequency bandwidth does not comprise the DFS channel. The motivation would have been to improve systems, methods, and devices for communicating when wireless networks are densely populated, have interference, and/or are hindered by government regulations are desired (Dutta ¶ [0004]).
Regarding claim 32, Kun discloses:
receiving the beacon frame on the DFS channel (([0088] Each of the first DFS master device 1404 … can include respective beacon generators, respective radar detectors, respective 5 GHz radio transceivers,… [0089] The beacon generator can generate a first beacon in a first 5 GHz radio channel … The radar detector can scan for a first radar signal in the first 5 GHz radio channel. Further, the 5 GHz radio transceiver can transmit the first beacon in the first 5 GHz radio channel and can receive the first radar signal in the first 5 GHz radio channel. [0090] the communication to the access point device 1402 can include information that the first 5 GHz radio channel is available for use based on a first determination that the first 5 GHz radio channel does not comprise the first radar signal.)
Kun does not disclose:
wherein while performing the communication on the second 5 GHz channel and when receiving the beacon frame on the DFS channel again, the first terminal is further configured to switch to the first 5 GHz channel again to perform the communication.
However, Dutta discloses:
wherein while performing the communication on the second 5 GHz channel ([0034] the wireless device may be forced to initiate a bandwidth step down in the event that previously available channels have become unavailable or prohibited from communication.) and when receiving the beacon frame on the DFS channel again ([0034] the wireless device may initiate a bandwidth step up if previously unavailable or prohibited channels become available for communication), the first terminal is further configured to switch to the first 5 GHz channel again to perform the communication. ([0034] the wireless device may switch from operating in, for example, a single 80 MHz mode or in a 40+40 MHz mode to operating in a 160 MHz mode or in a 80+80 MHz mode. In these cases, the maximum bandwidth throughput that the wireless device may be capable of increases from 80 MHz to 160 MHz. Such an increase in bandwidth utilization may be referred to as a bandwidth “step up” or “expansion.” For example, the wireless device may initiate a bandwidth step up if previously unavailable or prohibited channels become available for communication.)
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of Kun with the teachings of Dutta, to include while performing the communication on the second 5 GHz channel and when receiving the beacon frame on the DFS channel again, the first terminal is further configured to switch to the first 5 GHz channel again to perform the communication. The motivation would have been to improve systems, methods, and devices for communicating when wireless networks are densely populated, have interference, and/or are hindered by government regulations are desired (Dutta ¶ [0004]).
Regarding claim 42, Kun does not disclose:
wherein the first frequency bandwidth comprises 160 megahertz (MHz), wherein the second frequency bandwidth comprises 80 MHz, and wherein the DFS channel comprises 5.26 GHz to 5.32 GHz.
Dutta discloses:
wherein the first frequency bandwidth comprises 160 megahertz (MHz), wherein the second frequency bandwidth comprises 80 MHz ([0034] The wireless device (e.g., routing device) (e.g., AP) may switch from operating in a 160 MHz mode (e.g., first frequency bandwidth) or in a 80+80 MHz mode to operating in a single 80 MHz mode (e.g., second frequency bandwidth) or in a 40+40 MHz mode, for example), and wherein the DFS channel comprises 5.26 GHz to 5.32 GHz. ([0031] A range of bandwidths or frequencies may be referred to individually or collectively as a “spectrum” or “spectrums,” e.g., 5.250 GHz to 5.350 GHz.)
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of Kun with the teachings of Dutta, to include wherein the first frequency bandwidth comprises 160 megahertz (MHz), wherein the second frequency bandwidth comprises 80 MHz, and wherein the DFS channel comprises 5.26 GHz to 5.32 GHz. The motivation would have been to improve systems, methods, and devices for communicating when wireless networks are densely populated, have interference, and/or are hindered by government regulations are desired (Dutta ¶ [0004]).
Claims 33 are rejected under 35 U.S.C. 103 as being unpatentable over Kun et al. (US 20170142728) in view of Ogawa et al. (US 20160066361).
Regarding claim 33, Kun discloses:
and wherein when executed by the processor, the instructions further cause the first terminal is further configured to:
determine, based on a routing device identifier comprised in the beacon frame, a quantity of second routing devices that currently perform communication on the first 5 GHz channel; ([0087] the one or more DFS master devices perform the CAC and provide the results to the access point device 1402. Thus, according to these implementations, the one or more DFS master devices can report the DFS channel information to the access point device 1402. [0091] For example, based on a determination that the first 5 GHz radio channel does not contain the first radar signal, data related to the first 5 GHz radio channel can be retained in a whitelist, which can be stored in respective memories of the DFS master devices.)
Kun does not disclose:
and perform the communication on the first 5 GHz channel when the quantity of the second routing devices is greater than a preset quantity threshold.
However, Ogawa discloses:
and perform the communication on the first 5 GHz channel when the quantity of the second routing devices is greater than a preset quantity threshold. ([0041] The threshold is thus set in advance and, when the number of other APs which use the same channel as the AP 2 is greater than or equal to the threshold (that is, if it is determined to be No at step S300), the control unit 11 causes the wireless communication unit 10 to start up the WFD communication in an available channel (step S305))
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of combination of Kun and Ogawa with the teachings of Gupta, to include perform the communication on the first 5 GHz channel when the quantity of the second routing devices is greater than a preset quantity threshold. The motivation would have been to provide a technique for controlling Wi-Fi wireless communication and Wi-Fi Direct wireless communication in an environment where different channels can be used for Wi-Fi wireless communication and Wi-Fi Direct wireless communication (Ogawa ¶ 0007]).
Claim 36 are rejected under 35 U.S.C. 103 as being unpatentable over Kun et al. (US 20170142728) in view of Ogawa et al. (US 20160066361) further in view of Gupta et al. (US 20180124643).
Regarding claim 36, combination of Kun and Ogawa does not disclose:
determine that the quantity of the second routing devices is less than or equal to the preset quantity threshold; and perform, in response to determining that the quantity of the second routing devices is less than or equal to the preset quantity threshold, the communication on a second 5 GHz channel of a second frequency bandwidth, wherein the second frequency bandwidth is less than the first frequency bandwidth, wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth, and wherein the second frequency bandwidth does not comprise the DFS channel.
Gupta discloses:
wherein when executed by the processor, the instructions further cause the first terminal to:
determine that the quantity of the second routing devices is less than or equal to the preset quantity threshold; and perform, in response to determining that the quantity of the second routing devices is less than or equal to the preset quantity threshold, the communication on a channel…, ([0027] If at 525, the number of access points on the LTE-U operating channel is less than a threshold, the device can continue operation with the LTE-U eNodeB.)
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of combination of Kun and Ogawa with the teachings of Gupta, to include determine that the quantity of the second routing devices is less than or equal to the preset quantity threshold; and perform, in response to determining that the quantity of the second routing devices is less than or equal to the preset quantity threshold, the communication on a channel. The motivation would have been to operating a device on a licensed spectrum and an unlicensed spectrum using the same radio access technology (Gupta ¶ [0002])
However, combination of Kun, Ogawa, and Gupta does not disclose:
Perform the communication on a second 5 GHz channel of a second frequency bandwidth, wherein the second frequency bandwidth is less than the first frequency bandwidth, wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth, and wherein the second frequency bandwidth does not comprise the DFS channel.
Dutta discloses:
and perform the communication on a second 5 GHz channel of a second frequency bandwidth ([0034] The wireless device may switch from operating in a 160 MHz mode (e.g., first frequency bandwidth) or in a 80+80 MHz mode to operating in a single 80 MHz mode (e.g., second frequency bandwidth) or in a 40+40 MHz mode, for example. In either such change, the maximum bandwidth throughput that the wireless device may be capable of decreases from 160 MHz to 80 MHz. Such a decrease in bandwidth utilization may be referred to as a bandwidth “step down” or “contraction.”), wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth ([0031] A range of bandwidths or frequencies may be referred to individually or collectively as a “spectrum” or “spectrums,” e.g., 5.250 GHz to 5.350 GHz. Certain ranges of bandwidths or frequencies may be subdivided into channels of varying widths. For example, common channel widths related to the 5 GHz spectrum include 20 MHz, 40 MHz, 80 MHz, and 160 MHz; in other words, 20 MHz, 40 MHz, 80 MHz, and 160 MHz has the same center frequency which is 5 GHz), and wherein the second frequency bandwidth does not comprise the DFS channel. ([0081] the AP 402 (e.g., first terminal) may determine a second bandwidth configuration for all of the identified unrestricted subchannels (e.g., non-DFS channel) … the AP 402 may initiate a bandwidth step down when the radar is detected. In other embodiments, the AP 402 may maintain a stepped down bandwidth (e.g., 80 MHz) when the radar is detected.)
It would be obvious to the person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the teachings of combination of Kun, Ogawa, and Gupta with the teachings of Dutta, to include Perform the communication on a second 5 GHz channel of a second frequency bandwidth, wherein the second frequency bandwidth is less than the first frequency bandwidth, wherein a second center frequency of the second frequency bandwidth is the same as a first center frequency of the first frequency bandwidth, and wherein the second frequency bandwidth does not comprise the DFS channel. The motivation would have been to improve systems, methods, and devices for communicating when wireless networks are densely populated, have interference, and/or are hindered by government regulations are desired (Dutta ¶ [0004]).
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.
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/NHU PHAM/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479
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