Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 27-46 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.
The Applicant argues that Dutta does not transmit or receive beacons on the DFS channel. Dutta explicitly states that if no radar is detected, the transmitter is configured to “transmit one or more beacons over one or more of the identified restricted (e.g., DFS) subchannels” in newly cited Claim 14 (emphasis added) in prior rejection below, and “if a wireless device does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device is permitted to communicate over the entire DFS” in ¶ [0036]. Dutta also states “the legacy wireless device will have no further communication with STAs until at least one CAC expires without radar detection” in ¶ [0037]. Dutta does teach broadcasting a beacon on the DFS channel after a successful CAC.
The Applicant also argues that because Dutta’s STAs are already connected via the unrestricted subchannels, they “did not use beacon reception on the channel to determine availability to avoid CAC”. Dutta discloses that after the CAC, the AP expands to full transmission over selected subchannels in step 770 in Fig. 7. There is no CAC is performed by STA after AP is permitted to communicate over the entire DFS.
With the reasons stated above, the Examiner respectfully disagrees with the Applicant.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 27- 32, 39-46 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dutta et al. (US 20180054739; hereinafter Dutta).
Regarding claim 27, Dutta discloses:
A system comprising: ([0039] FIG. 1 illustrates a wireless communication system 100)
a routing device configured to: ([0039] FIG. 1 The wireless communication system 100 may include an AP 102, which communicates with STAs 106a, 106b, 106c, and/or 106d (also individually or collectively referred to as “STA” or “STAs”). The AP 102 may also communicate with additional STAs (not pictured). The STAs may also individually or collectively operate as an AP, or vice versa.)
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; ([0035] The Federal Communications Commission (FCC) implements certain Dynamic Frequency Selection (i.e., “DFS”) procedures for wireless devices that perform channel identification on 5 GHz channels. A channel that could include radar is called a “DFS channel” (or “DFS subchannel,” “restricted channel,” or “restricted subchannel,” as used herein))
perform a channel availability check (CAC) before performing communication on the first 5 GHz channel; ([0035] When a wireless device identifies (e.g., selects) a DFS channel or a mixed DFS channel, DFS procedures mandate that the wireless device perform a scan of the DFS or mixed DFS channel to determine if any radar signals are present on the channel before connecting. This scan is called a Channel Availability Check or “CAC.”)
and broadcast, after completing the CAC when the routing device does not detect a radar signal during the CAC, a beacon frame on the first 5 GHz channel including the DFS channel when the routing device does not detect a radar signal; ([0036] If a wireless device does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device is permitted to communicate over the entire DFS or mixed DFS channel; Claim 14. The apparatus of claim 9, wherein if the signal detector does not detect any restricted signals over any of the identified restricted subchannels: … the transmitter being further configured to transmit one or more beacons … over one or more of the identified restricted (e.g., DFS) sub channels.)
and a first terminal communicatively coupled to the routing device and configured to: ([0039] FIG. 1 The wireless communication system 100 may include an AP 102, which communicates with STAs 106a, 106b, 106c, and/or 106d (also individually or collectively referred to as “STA” or “STAs”). The AP 102 may also communicate with additional STAs (not pictured). The STAs may also individually or collectively operate as an AP, or vice versa.)
determine whether the first terminal is configured to operate on the first 5 GHz channel;
perform communication on the first 5 GHz channel when the first terminal is configured to operate on the first 5 GHz channel; ([0035] The Federal Communications Commission (FCC) implements certain Dynamic Frequency Selection (i.e., “DFS”) procedures for wireless devices that perform channel identification on 5 GHz channels. A channel that could include radar is called a “DFS channel” (or “DFS subchannel,” “restricted channel,” or “restricted subchannel,” as used herein))
receive the beacon frame broadcast on the DFS channel; ([0036] If a wireless device does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device is permitted to communicate over the entire DFS or mixed DFS channel; Claim 14. The apparatus of claim 9, wherein if the signal detector does not detect any restricted signals over any of the identified restricted subchannels: … the transmitter being further configured to transmit one or more beacons … over one or more of the identified restricted (e.g., DFS) sub channels.)
wherein determine, by receiving the beacon frame broadcast on the DFS channel when the routing device does not detect a radar signal during the CAC, the first terminal that the DFS channel is available: ([0036] If a wireless device does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device is permitted to communicate over the entire DFS or mixed DFS channel; [0037] the legacy wireless device will have no further communication with STAs until at least one CAC expires without radar detection; [0033] the STA receiving the beacon may determine if the wireless device is connectable and is capable of providing sufficient bandwidth for the STA)
and avoid, in response to determining that the DFS channel is available is configured to avoid performing CAC. (Examiner’s Note: No CAC is performed after DFS is available. Dutta discloses if a wireless device does not detect any radar signals on the DFS channel during CAC, the wireless device is permitted to communicate over the entire DFS when the CAC expires.)
Regarding claim 28, Dutta discloses:
further comprising a second terminal, ([0039] The wireless communication system 100 may include an AP 102, which communicates with STAs 106a, 106b, 106c, and/or 106d (also individually or collectively referred to as “STA” or “STAs”). The AP 102 may also communicate with additional STAs (not pictured)) wherein while receiving the beacon frame on the DFS channel, the first terminal is further configured to: ([0039] The STAs may also individually or collectively operate as an AP, or vice versa. [0042] Accordingly, the functions of the AP 102 described herein may alternatively be performed by one or more of the STAs 106; Examiner’s Note: first terminal is a STA and it can operate as an AP to connect to another STA which is second terminal)
establish a communication connection to the second terminal on the first 5 GHz channel; ([0035] The Federal Communications Commission (FCC) implements certain Dynamic Frequency Selection (i.e., “DFS”) procedures for wireless devices that perform channel identification on 5 GHz channels. A channel that could include radar is called a “DFS channel” (or “DFS subchannel,” “restricted channel,” or “restricted subchannel,” as used herein))
and communicate with the second terminal based on the communication connection. ([0039] The wireless communication system 100 may include an AP 102, which communicates with STAs 106a, 106b, 106c, and/or 106d (also individually or collectively referred to as “STA” or “STAs”). The AP 102 may also communicate with additional STAs (not pictured). The STAs may also individually or collectively operate as an AP, or vice versa.)
Regarding claims 29, 31, 46, Dutta discloses:
wherein while communicating with the second terminal after avoiding performing CAC (Examiner’s Note: No CAC is performed after wireless device is permitted to communicate over the entire DFS), and monitoring the DFS channel ([0037] If a wireless device does not detect radar during a CAC and begins to communicate over the scanned channel, DFS regulations require that the wireless device continue to “monitor” for radar, which may be referred to as “in-service monitoring” or “ISM.”) and when detecting that the DFS channel comprises the radar signal, the first terminal is further configured to: ([0081] the AP 402 may initiate a bandwidth step down when the radar is detected; [0039] The STAs may also individually or collectively operate as an AP, or vice versa; Examiner’s Note: first terminal acts as an AP and second terminal is a STA)
switch to a second 5 GHz channel of a second frequency bandwidth, wherein the second frequency bandwidth is less than the first frequency bandwidth ([0034] The wireless 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. 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, and wherein the second terminal is configured to: ([0034 In one embodiment, the wireless device may notify other devices (e.g., STA) of the change in a beacon, for example a beacon that includes a Bandwidth Switch Announcement (BSA); Examiner’s Note: first terminal acts as an AP and second terminal as a STA)
switch to the second 5 GHz channel when receiving the first action frame; ([0063] the beacon may indicate that the AP 402 is operating at, for example, an 80 MHz mode… one or more STAs 106 that receive the one or more beacons may connect to and operate with the AP 402 via some variation of the 80 MHz mode; in other words, after wireless device (e.g., AP) steps down from 160 MHz to 80 MHz, one or more STAs may connect and operate with the AP via 80 MHz mode.)
and send second communication data to the first terminal on the second 5 GHz channel. ([0063] the STAs 106 may communicate with the AP 402; [0046] the APs and/or STAs may each communicate using the same spectrum (e.g., 5 GHz).)
Regarding claims 30, 32, Dutta discloses:
wherein while performing the communication on the first 5 GHz channel, the routing device is further configured to:
stop broadcasting the beacon frame on the first 5 GHz channel when detecting that the DFS channel comprises the radar signal; ([0036] if the wireless device (e.g., routing device) detects radar on the DFS or mixed DFS channel during the CAC, the wireless device (e.g., routing device) must refrain from communicating over the channel for a 30 minute wait duration, e.g., the channel is put on a non-occupancy list (NOL) for the duration)
perform a CAC again following a preset duration after stopping broadcasting the beacon frame; ([0036] Traditionally, a legacy wireless device in this scenario will choose a different channel and run another CAC, repeating this process until a CAC expires without radar detection.)
and broadcast the beacon frame on the first 5 GHz channel again when the routing device does not detect the radar signal ([0036] If a wireless device (e.g., AP, routing device) does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device (e.g., AP, routing device) is permitted to communicate over the entire DFS or mixed DFS channel; [0033] In this way, for example, the STA receiving the beacon may determine if the wireless device (e.g., AP, routing device) is connectable and is capable of providing sufficient bandwidth for the STA.), 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, the first terminal is further configured to: ([0064] At step 566, if the AP 402 does not detect radar by the expiration of the CAC, then in one embodiment, the AP 402 may initiate a bandwidth step up. [0039] The STAs may also individually or collectively operate as an AP, or vice versa)
switch to the first 5 GHz channel again; ([0064] That is, the AP 402 may initiate an 80+80 MHz mode or a 160 MHz mode for communication over the entire mixed DFS channel; [0039] The STAs may also individually or collectively operate as an AP, or vice versa; in other words, the AP steps up from 80 MHz mode (e.g., second frequency bandwidth) to 160 MHz mode (e.g., first frequency bandwidth))
send the first communication data to the second terminal on the first 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; [0039] The STAs may also individually or collectively operate as an AP, or vice versa)
and send, to the second terminal, a second action frame instructing the second terminal to switch to the first 5 GHz channel, and wherein when receiving the second action frame, the second terminal is further configured to: ([0074] Then after the CAC 682, the AP 652 may transmit a BSA 668 to the STA 656, as discussed above with respect to step 568 of FIG. 5. The BSA 668 may be included in a beacon, for example, and may indicate connection information related to the AP 652, such as information regarding the bandwidth step up mentioned above.)
switch to the first 5 GHz channel again; ([0074] Then after the CAC 682, the AP 652 may transmit a BSA 668 to the STA 656, as discussed above with respect to step 568 of FIG. 5. The BSA 668 may be included in a beacon, for example, and may indicate connection information related to the AP 652, such as information regarding the bandwidth step up mentioned above.)
and send the second communication data to the first terminal on the first 5 GHz channel. ([0074] Then after the CAC 682, the AP 652 may transmit a BSA 668 to the STA 656, as discussed above with respect to step 568 of FIG. 5. The BSA 668 may be included in a beacon, for example, and may indicate connection information related to the AP 652, such as information regarding the bandwidth step up mentioned above.)
Regarding claim 37, Dutta discloses:
wherein 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, ([0033] When the wireless device (e.g., AP) sends connection advertisements (e.g., beacons, which may typically be sent every 100 ms) to potential connecting devices (e.g., a “STA,” a “user,” etc.), the wireless will typically include an indication of such a bandwidth configuration in the beacon, among other information. In this way, for example, the STA receiving the beacon may determine if the wireless device is connectable and is capable of providing sufficient bandwidth for the STA.) and wherein the preset duration is less than a CAC duration. ([0035] The required CAC duration is 60 seconds for DFS channels that are reserved for “regular radar”. [0033] beacons, which may typically be sent every 100 ms)
Regarding claim 38, Dutta discloses:
wherein the first terminal is further configured to perform the communication on a second 5 GHz channel of a second frequency bandwidth when the first terminal is configured to operate on the first 5 GHz channel and does not receive the beacon frame on the DFS channel within the preset duration ([0034]For example, the wireless device (e.g., first terminal) may be forced to initiate a bandwidth step down in the event that previously available channels have become unavailable or prohibited from communication.), wherein the second frequency bandwidth is less than the first frequency bandwidth ([0034] The wireless device (e.g., first terminal) 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), 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.)
Regarding claim 39, Dutta discloses:
wherein 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; ([0035] The Federal Communications Commission (FCC) implements certain Dynamic Frequency Selection (i.e., “DFS”) procedures for wireless devices that perform channel identification on 5 GHz channels ...When a wireless device (e.g., routing device) identifies (e.g., selects) a DFS channel or a mixed DFS channel, DFS procedures mandate that the wireless device (e.g., routing device) perform a scan of the DFS or mixed DFS channel to determine if any radar signals are present on the channel before connecting. This scan is called a Channel Availability Check or “CAC.” [0046] the APs and/or STAs may each communicate using the same spectrum (e.g., 5 GHz).)
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; ([0057] During the CAC, STAs (e.g., first terminal) cannot connect to the legacy AP (e.g., routing device), as indicated in block 399. If the legacy AP detects radar during the CAC at step 382, then the legacy AP may return to step 360 to perform another channel identification and then another CAC at step 364. At step 366, if the legacy AP does not detect radar by the expiration of the CAC, then at step 370, the legacy AP may begin transmission over the entire mixed DFS channel.)
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, and wherein the routing device is further configured to: ([0036] If a wireless device (e.g., routing device) does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device (e.g., routing device) is permitted to communicate over the entire DFS or mixed DFS channel.)
receive the first action frame; ([0035] When a wireless device (e.g., routing device) identifies (e.g., selects) a DFS channel or a mixed DFS channel, DFS procedures mandate that the wireless device (e.g., routing device) perform a scan of the DFS or mixed DFS channel to determine if any radar signals are present on the channel before connecting. This scan is called a Channel Availability Check or “CAC.”)
query whether the DFS channel is available; ([0035] When a wireless device (e.g., routing device) identifies (e.g., selects) a DFS channel or a mixed DFS channel, DFS procedures mandate that the wireless device (e.g., routing device) perform a scan of the DFS or mixed DFS channel to determine if any radar signals are present on the channel before connecting. This scan is called a Channel Availability Check or “CAC.”)
and send the second action frame to the first terminal based on the query result. ([0036] If a wireless device (e.g., routing device) does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device (e.g., AP) is permitted to communicate over the entire DFS or mixed DFS channel.)
Regarding claim 40, Dutta discloses:
wherein the first terminal comprises an access point (AP) or a group owner (GO) ([0039] The STAs may also individually or collectively operate as an AP, or vice versa. ([0022] there may be two types of devices: access points (“AP”) and clients (also referred to as stations, or “STA”)), and wherein the second terminal comprises a station (STA) or a group client (GC). ([0022] there may be two types of devices: access points (“AP”) and clients (also referred to as stations, or “STA”).
Regarding claim 41, Dutta 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. ([0072] At time 664, the AP 652 initiates a scan (e.g., a CAC) for detecting one or more restricted signals (e.g., radar) over one or more of the identified restricted subchannels, as described above with respect to FIG. 5; [0085] After the predetermined duration, the AP 402 may then continue directly to step 764 to perform another CAC on the restricted subchannels)
Regarding claim 42, 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.)
Regarding claim 43, Dutta discloses:
wherein the preset duration is greater than or equal to 30 minutes. ([0085] The predetermined duration may be a government regulated duration (e.g., 30 minutes))
Regarding claim 44, Dutta discloses:
A system comprising:
a first terminal configured to:
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; ([0035] The Federal Communications Commission (FCC) implements certain Dynamic Frequency Selection (i.e., “DFS”) procedures for wireless device (e.g., AP) that perform channel identification on 5 GHz channels; [0046] the APs and/or STAs may each communicate using the same spectrum (e.g., 5 GHz))
send a first action frame on a non-DFS channel 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; ([0035] When a wireless device (e.g., AP) identifies (e.g., selects) a DFS channel or a mixed DFS channel, DFS procedures mandate that the wireless device (e.g., routing device) perform a scan of the DFS or mixed DFS channel to determine if any radar signals are present on the channel before connecting. This scan is called a Channel Availability Check or “CAC.”)
receive a second action frame based on the first action frame, wherein the second action frame comprises a query result of the DFS channel; ([0036] If a wireless device (e.g., AP) does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device (e.g., AP) is permitted to communicate over the entire DFS or mixed DFS channel. However, if the wireless device (e.g., AP) detects radar on the DFS or mixed DFS channel during the CAC, the wireless device (e.g., AP) must refrain from communicating over the channel for a 30 minute wait duration, e.g., the channel is put on a non-occupancy list (NOL) for the duration.)
and perform communication on the first 5 GHz channel when determining, based on the second action frame, that the DFS channel is available; ([0036] If a wireless device (e.g., AP) does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device (e.g., AP) is permitted to communicate over the entire DFS or mixed DFS channel.)
and a routing device communicatively coupled to the first terminal and configured to:
query, when receiving the first action frame, whether the DFS channel is available; ([0035] When a wireless device identifies (e.g., selects) a DFS channel or a mixed DFS channel, DFS procedures mandate that the wireless device perform a scan of the DFS or mixed DFS channel to determine if any radar signals are present on the channel before connecting. This scan is called a Channel Availability Check or “CAC.”)
and send the second action frame to the first terminal based on the query result. ([0036] If a wireless device does not detect any radar signals on the DFS or mixed DFS channel during the CAC (e.g., the CAC “expires”), the wireless device is permitted to communicate over the entire DFS or mixed DFS channel. However, if the wireless device detects radar on the DFS or mixed DFS channel during the CAC, the wireless device must refrain from communicating over the channel for a 30 minute wait duration, e.g., the channel is put on a non-occupancy list (NOL) for the duration.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 33-36 are rejected under 35 U.S.C. 103 as being unpatentable over Dutta et al. (US 20180054739; hereinafter Dutta) in view of Ngo et al. (US 9622089; hereinafter “Ngo”).
Regarding claim 33, Dutta does not disclose:
further comprising a plurality of first routing devices, and wherein 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; 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.
Ngo discloses:
further comprising a plurality of first routing devices (Column 25 row 60: authorized access points (e.g., 1690, 1691, 1692) (e.g., routing devices)), and wherein the first terminal is further configured to: (Column 25 row 59: the agility agent 1670 (e.g., first terminal)
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 (Column 25 row 59-63: the agility agent 1670 (e.g., first terminal) may broadcast list of authorized access points (e.g., 1690, 1691, 1692) (e.g., routing devices), and the control agent in the access point must see its SSID in the authorization list in order to use DFS channels); 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. (Column 25 row 63-65: The agility agent 1670 only authorizes access points (e.g., 1690, 1691, 1692) which it sees by scan list and above a certain RSSI threshold.)
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 Dutta with the teachings of Ngo, 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 employ a cloud DFS super master to access additional bandwidth for wireless networks (Ngo Column 4 row 55-56).
Regarding claim 34, Ngo discloses:
wherein the first terminal is further configured to: (Column 25 row 63: agility agent 1670)
obtain the routing device identifier from the beacon frame (Column 25 row 59-63: Also, the agility agent 1670 may broadcast list of authorized access points (e.g., 1690, 1691, 1692), and the control agent in the access point must see its SSID in the authorization list in order to use DFS channels);
and determine that the routing device identifier belongs to a preset routing device whitelist; (Column 25 row 29-39: If at step 406 the DFS master does not detect a radar pattern 410, the DFS master marks this channel in the whitelist … A common SSID may be used for all beacons of our system.)
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. (Column 25 row 63-67: The agility agent 1670 only authorizes access points (e.g., 1690, 1691, 1692) which it sees by scan list and above a certain RSSI threshold. Access points 1680 who are not seen or have RSSI too low are deemed too far to use the agility agent's 1670 white list.)
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 Dutta with the teachings of Ngo, to include determine that the routing device identifier does belong to a preset routing device whitelist and increase the quantity of the second routing devices by one. The motivation would have been to employ a cloud DFS super master to access additional bandwidth for wireless networks (Ngo Column 4 row 55-56).
Regarding claim 35, Dutta does not disclose:
wherein the first terminal is further configured to: obtain the routing device identifier from the beacon frame; 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.
Ngo discloses:
wherein the first terminal is further configured to: (Column 25 row 63: agility agent 1670)
obtain the routing device identifier from the beacon frame; (Column 25 row 59-63: Also, the agility agent 1670 may broadcast list of authorized access points (e.g., 1690, 1691, 1692), and the control agent in the access point must see its SSID in the authorization list in order to use DFS channels);
determine that the routing device identifier does not belong to a preset routing device blacklist; (Column 11 row 29-39: If at step 406 the DFS master does not detect a radar pattern 410, the DFS master marks this channel in the whitelist … A common SSID may be used for all beacons of our system. Column 25 row 14-15: If radar pattern is detected 407, then the DFS master marks this channel in the blacklist.)
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. (Column 25 row 63-67: The agility agent 1670 only authorizes access points (e.g., 1690, 1691, 1692) which it sees by scan list and above a certain RSSI threshold. Access points 1680 who are not seen or have RSSI too low are deemed too far to use the agility agent's 1670 white list.)
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 Dutta with the teachings of Ngo, to include determine that the routing device identifier does not belong to a preset routing device blacklist and increase the quantity of the second routing devices by one. The motivation would have been to employ a cloud DFS super master to access additional bandwidth for wireless networks (Ngo Column 4 row 55-56).
Regarding claim 35, Dutta discloses:
wherein the first terminal is further configured to: ([0034] The wireless device (e.g., AP))
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 ([0034] The wireless device (e.g., first terminal) 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 (e.g., routing 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.” For example, the wireless device (e.g., first terminal) may be forced to initiate a bandwidth step down in the event that previously available channels have become unavailable or prohibited from communication.), 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 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.)
Dutta does not disclose:
determine that the quantity of the second routing devices is less than or equal to the preset quantity threshold;
However, Ngo discloses:
determine that the quantity of the second routing devices is less than or equal to the preset quantity threshold; (Column 25 row 63-67: The agility agent 1670 only authorizes access points (e.g., 1690, 1691, 1692) which it sees by scan list and above a certain RSSI threshold. Access points 1680 who are not seen or have RSSI too low are deemed too far to use the agility agent's 1670 white list.)
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, first terminal performs communication on a second 5 GHz channel of a second frequency bandwidth of Dutta with the teachings of Ngo, to include determine that the quantity of the second routing devices is less than or equal to the preset quantity threshold. The motivation would have been to employ a cloud DFS super master to access additional bandwidth for wireless networks (Ngo Column 4 row 55-56).
Conclusion
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/NHU PHAM/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479