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 .
Claims 1-7, 9-21 are pending.
Amendments filed with RCE of 09/03/2026 has been entered.
Response to Arguments
Applicants’ arguments filed 9/03/2026 have been fully considered but they are not persuasive.
Applicant argues the cited references Gore et al. (US 2006/0034163) in view of Di Taranto (US 2018/0248647) and in further view of Kobayashi (JP 3799282) do not disclose the concurrent use of idle and non-idle MIMO transceiver on different channels, specifically pertaining the limitation: “an idle transceiver of the MIMO transceiver chain is tuned to a first channel of a baseband, at least one non- idle transceiver of the MIMO transceiver chain is tuned to a second channel of the baseband for service to the Wi-Fi clients”.
Specifically, Applicant argues that Gore’s frequency hopping, i.e. transmitting and non-transmitting states, does not disclose the above limitation, because claim 1 allegedly requires different MIMO transceivers to perform different function concurrently: an idle transceiver is tune to one channel while a non-idle transceiver is tuned to another channel and continues providing service to Wi-Fi clients.
The examiner respectfully disagrees.
The argument amounts to general allegation of distinction at high level and does not provide any evidential analysis as to why a specific cited reference disclosure does not disclose a specific limitation.
Gore discloses, in at least ¶0116, 0123-0124 a system with multiple transceivers in a MIMO architecture. Gore further discloses the system may also utilize frequency hopping so that data is transmitted on different subbands in different time intervals, which are also referred to as "hop periods". For each user, the particular subband to use for data transmission in each hop period may be determined, for example, by a pseudo-random frequency hopping sequence assigned to that user. For a frequency hopping OFDM system, the frequency hopping sequence for each user is such that the pilot subbands used for the common and MIMO pilots do not get selected for data transmission, per ¶0131. That is to say, the system’s each multiple transceiver hops to (i.e. tuned to) a different band to transmit and receive data with a user (i.e. providing service). For a plurality of users, each transceiver has its own unique hop period. Thus, while one given transceiver is in a non-transmitting state while staying in a current band (rest state before the next hop period), another transceiver is actively transmitting to serve another user in another band during its hop period. Therefore, Gore’s system allows at least two transceivers doing multiple things concurrently: one is non-active while staying in a current channel before the next channel hop, while one is actively serving a user, i.e. exactly as Applicant’s demanded, thus satisfying the claimed limitation above
The claim language does not explicitly give a specific meaning for “idle” and “non-idle”. A non-transmitting state and a transmitting state of a transceiver under BRI read on such generic terms. Furthermore, the term “for service to the Wi-Fi clients” is an intended use and funtional language. It does not imply an active provision service is currently occurring. It certainly does not indicate a continuous state of service provision as Applicant demanded in the arguments. A continuous state of service provision is not a limitation recited in the claim. Hypothetically, even with the supposed limitation of “continuous service” in place, Gore still discloses the transceiver provides continuous service to users during the window of active hope period, given the open-ended nature of claimed limitation. The construction of the claims merely show one transceiver is idle in one channel and one is non-idle in another channel for user service and does not limit further changes in behavior in a different period of time.
Applicant further argues that the cited references fail to teach progressive scanning of sets of channels using the MIMO transceivers. Specifically, Applicant argues that Gore’s frequency hopping does not disclose determining the available MIMO scan-transceiver resources and using the transceivers to progressively perform RF analysis on successive sets of WLAN channels.
The examiner respectfully disagrees by at least the reason that Applicant’s arguments rely on limitations that are not in the claims. The independent claims never state a specific scanning manner , i.e. “successive”. The claim language did not say using either of the two transceivers previously recited to perform the scan, instead it said: “a first module to configure a radio to scan mode to monitor WLAN condition, to identify scan radio supported RF bands, and build a list of channels”.
Applicant argues that Gore’s frequency hopping does not disclose determining the available MIMO scan-transceiver resources and using the transceivers to progressively perform RF analysis on successive sets of WLAN channels.
Gore in at least ¶105-0107 discloses A MIMO receiver can estimate the full frequency response of the individual channels, which implies the system is aware of a set of channels to be scanned .The examiner asserts that this limitation above is further elaborated by the combination with reference Kobayashi, in a related field of endeavor, discloses in ¶0020, 0029, 0050, 0051, that a WLAN base station 100 to build its known CH list by scanning the RF environment using its transceiver with the CH list having a plurality of channels detected as well as with a count of said channels. It is inappropriate to attack a primary reference for failing to disclose a limitation when said limitation is addressed by a combination of references. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In view of the analysis above, the arguments are held as not persuasive and the rejections are sustained.
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.
Claim(s) 1, 2, 3, 6, 9-13, 16, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gore et al. (US 2006/0034163) in view of Di Taranto (US 2018/0248647) and in further view of Kobayashi (JP 3799282).
As to claim 1:
Gore discloses a device in a data communication network for attaining rapid RF channel inspection using intelligent MIMO (multiple input/ multiple output) transceiver scanning in networks, the device comprising (Abstract, ¶0089, MIMO device with transceiver to scan different set of subbands in an OFDMA system):
a processor; a network interface communicatively coupled to the processor, comprising a MIMO transceiver chain, and an idle transceiver of the MIMO transceiver chain is tuned to a first channel of a baseband, at least one non- idle transceiver of the MIMO transceiver chain is tuned to a second channel of the baseband and a memory, storing source code comprising: (¶0123-0124, processor, and communication interface with MIMO transmitters/receivers , memory, actively tuned to channels, i.e. perform channel estimation. ¶0131, 0116, hop period where transceivers are tuned (i.e. hopping) to a specific set of subbands at a hop interval. with at least two group of subbands being cycled in the list of available subbands, there are at least one set of transceivers being inactive when its set of subbands are not in cycle)
memory, storing source code that is executed by the processor and comprises:
a first module to configure a radio to scan mode to monitor network conditions (¶0117, scanning subbands)
a second module to progressively scan the channel list (¶0124, antennas to detect pilot signals from respective subband), comprising, during a hop period, configuring each MIMO transceiver to a first set of channels from the channel list within an RF band (¶0131, hop period where transceivers are tuned (i.e. hopping) to a specific set of subbands at a hop interval. ¶0116, at least two group of subbands in the list of available subbands)
during a dwell period, performing an RF analysis for the set of channels to identify conditions on the network, and repeating the RF transceiver configuration and the RF analysis performance for subsequent sets of channels on the channel list. (¶0117, transmitter to transmit pilot on first group for estimation and also cycling through second group for channel estimation performed at MIMO receiver. The time period used for evaluation read as dwell period)
Gore however does not disclose the device being a WLAN access point for providing WiFi service.
In a related field of endeavor, Di Taranto discloses in ¶0047 a network device being a network node AP 40, which similarly to D1, estimate link quality of a plurality of sub-carriers in a OFDMA based-WLAN system (¶0035, 0037).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the MIMO device in Gore can be implemented as a WLAN access point. Given that Gore also discloses in context of OFDMA device for channel estimation in similar breath with Di Taranto, such implementation as a WLAN access point can provide advantageous perk such as quick adaption of MSC selection (Di Taranto, ¶0012)
Neither Gore or Di Taranto disclose: “to identify scan radio supported RF bands and build a list of channels corresponding to the supported RF bands, and to retrieve an RF transceiver count of scan radios”
Kobayashi, in a related field of endeavor, discloses in ¶0020, 0029, 0050, 0051, that a WLAN base station 100 to build its known CH list by scanning the RF environment using its transceiver with the CH list having a plurality of channels detected as well as with a count of said channels.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the WLAN base station of Gore/Di Taranto obtains its list of subbands in similar manner as of Kobayashi. Since the list of subbands in Gore or Di Taranto has to come from some source(s), it would make sense that it could simply be formed as a result of Kobayashi’s method, which can be advantageous as it gives the base station the independence in gathering its surrounding environment without having to rely on, for example, manual input.
As to claim 10:
Gore discloses a non-transitory computer-readable media storing source code that, when executed by a processor (¶0123-0124, processor, and communication interface with MIMO transmitters/receivers , memory), performs a computer-implemented method, in a device coupled to a plurality of other devices on a data communication network, for attaining rapid RF channel inspection using intelligent MIMO (multiple input/ multiple output) transceiver scanning in networks (Abstract, ¶0089, MIMO device with transceiver to scan different set of subbands in an OFDMA system and in communication with other devices per Fig. 1), the method comprising the steps of: configuring a radio to scan mode to monitor network conditions (¶0117, scanning subbands)
and progressively scanning the channel list, (¶0124, antennas to detect pilot signals from respective subband) comprising: during a hop period, configuring each MIMO transceiver to a first set of channels from the channel list within an RF band; (¶0131, hop period where transceivers are tuned (i.e. hopping) to a specific set of subbands at a hop interval. ¶0116, at least two group of subbands in the list of available subbands)
during a dwell period, performing an RF analysis for the set of channels to identify conditions on the WLAN; and repeating the RF transceiver configuration and the RF analysis performance for subsequent sets of channels on the channel list. (¶0117, transmitter to transmit pilot on first group for estimation and also cycling through second group for channel estimation performed at MIMO receiver. The time period used for evaluation read as dwell period)
Gore however does not disclose the device being a WLAN access point for providing WiFi service.
In a related field of endeavor, Di Taranto discloses in ¶0047 a network device being a network node AP 40, which similarly to D1, estimate link quality of a plurality of sub-carriers in a OFDMA based-WLAN system (¶0035, 0037).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the MIMO device in Gore can be implemented as a WLAN access point. Given that Gore also discloses in context of OFDMA device for channel estimation in similar breath with Di Taranto, such implementation as a WLAN access point can provide advantageous perk such as quick adaption of MSC selection (Di Taranto, ¶0012)
Neither Gore or Di Taranto disclose: “to identify scan radio supported RF bands and building a list of channels corresponding to the supported RF bands, and to retrieve an RF transceiver count of scan radios”
Kobayashi, in a related field of endeavor, discloses in ¶0020, 0029, 0050, 0051, that a WLAN base station 100 connected to other base stations and to build its known CH list by scanning the RF environment using its transceiver with the CH list having a plurality of channels detected as well as with a count of said channels.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the WLAN base station of Gore/Di Taranto obtains its list of subbands in similar manner as of Kobayashi. Since the list of subbands in Gore or Di Taranto has to come from some source(s), it would make sense that it could simply be formed as a result of Kobayashi’s method, which can be advantageous as it gives the base station the independence in gathering its surrounding environment without having to rely on, for example, manual input.
As to claim 11:
Gore discloses a computer-implemented method for an network device coupled to a plurality of network devices on a data communication network, for attaining rapid RF channel inspection using intelligent MIMO (multiple input/ multiple output) transceiver scanning in networks, the method comprising the steps of (Abstract, ¶0089, MIMO device with transceiver to scan different set of subbands in an OFDMA system and in communication with other devices per Fig. 1): configuring a radio to scan mode to monitor network conditions (¶0117, scanning subbands);
and progressively scanning the channel list, comprising: during a hop period, configuring each MIMO transceiver to a first set of channels from the channel list within an RF band; (¶0131, hop period where transceivers are tuned (i.e. hopping) to a specific set of subbands at a hop interval. ¶0116, at least two group of subbands in the list of available subbands) during a dwell period, performing an RF analysis for the set of channels to identify conditions on the WLAN; and repeating the RF transceiver configuration and the RF analysis performance for subsequent sets of channels on the channel list. (¶0117, transmitter to transmit pilot on first group for estimation and also cycling through second group for channel estimation performed at MIMO receiver. The time period used for evaluation read as dwell period)
Gore however does not disclose the device being a WLAN access point for providing WiFi service.
In a related field of endeavor, Di Taranto discloses in ¶0047 a network device being a network node AP 40, which similarly to D1, estimate link quality of a plurality of sub-carriers in a OFDMA based-WLAN system (¶0035, 0037).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the MIMO device in Gore can be implemented as a WLAN access point. Given that Gore also discloses in context of OFDMA device for channel estimation in similar breath with Di Taranto, such implementation as a WLAN access point can provide advantageous perk such as quick adaption of MSC selection (Di Taranto, ¶0012)
Neither Gore or Di Taranto disclose: “to identify scan radio supported RF bands and building a list of channels corresponding to the supported RF bands, and to retrieve an RF transceiver count of scan radios”
Kobayashi, in a related field of endeavor, discloses in ¶0020, 0029, 0050, 0051, that a WLAN base station 100 connected to other base stations and to build its known CH list by scanning the RF environment using its transceiver with the CH list having a plurality of channels detected as well as with a count of said channels.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the WLAN base station of Gore/Di Taranto obtains its list of subbands in similar manner as of Kobayashi. Since the list of subbands in Gore or Di Taranto has to come from some source(s), it would make sense that it could simply be formed as a result of Kobayashi’s method, which can be advantageous as it gives the base station the independence in gathering its surrounding environment without having to rely on, for example, manual input.
As to claims 2, 12, and 19:
Gore in view of Di Taranto and Kobayashi discloses all limitations of claim 1/10/11, wherein the MIMO transceiver comprises either a 2x2, a 3x3 or a 4x4 MIMO transceiver chain. (Gore, ¶0027, 2x2 MIMO)
As to claims 3, 13, and 20:
Gore in view of Di Taranto and Kobayashi discloses all limitations of claim 1/10/11, wherein the RF transceiver comprises a 4x4 MIMO transceiver chain and a highest capability for a plurality of connected Wi-Fi clients is one of either 3x3 or 2x2 RF transceiver. (Gore, ¶0051, a MIMO system with any number of antennas per preference, thus 4x4 or 2x2 are within scope of design)
As to claims 6, 16:
Gore in view of Di Taranto and Kobayashi discloses all limitations of claim 1/10, wherein the second module is configured to scan the channel list in sequential order. (Kobayashi, ¶0029, 0075, scanning and measuring repeatedly until each of plurality of channels are determined)
As to claims 9, 18:
Gore in view of Di Taranto and Kobayashi discloses 1/10, further comprising: an RF repair module to automatically address issues identified during RF analysis. (¶0059 of Gore, upon detection of channel estimation error, automatically adjusting parameters to remedy the error)
Claim(s) 4, 5, 7, 21, 14, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gore et al. (US 2006/0034163) in view of Di Taranto (US 2018/0248647) and in further view of Kobayashi (JP 3799282) and in further view of Shultz (US 2022/0225152).
As to claims 4, 21, 14:
Gore in view of Di Taranto and Kobayashi discloses all limitations of claim 1/11/10, however is silent on wherein the first channel comprises a UNII-5 channel and the second channel comprises at one of either a UNII-6, a UNII-7 or a UNII-8 channel.
Shultz in a related field of endeavor disclose an adaptive radio for supporting different set of channels, wherein first set and second set of channels can be any different combinations of UNII 1 through 8, so long as they do not overlap. (See ¶0031, 0033, 0046).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the different set of subbands in Gore and others to be UNII-5 vs. any of UNII-6-8. As both Shults and Gore are similar in choosing set of different subbands for separation, specific different ones of UNII-X can be assigned to each set is a matter of preference/constraints rather than an inventive concept that affects the principle of the invention.
As to claims 5, 15:
Gore in view of Di Taranto and Kobayashi discloses all limitations of claim 1, however is silent on the first channel comprises a UNII-1 channel and the second channel comprises at UNII-3 channel.
Shultz in a related field of endeavor disclose an adaptive radio for supporting different set of channels, wherein first set and second set of channels can be any different combinations of UNII 1 through 8, so long as they do not overlap. (See ¶0031, 0033, 0046, any combination of UNII-N).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the different set of subbands in Gore and others to be UNII-5 vs. any of UNII-6-8. As both Shults and Gore are similar in choosing set of different subbands for separation, specific different ones of UNII-X can be assigned to each set is a matter of preference/constraints rather than an inventive concept that affects the principle of the invention.
As to claim 7, 17:
Gore in view of Di Taranto and Kobayashi discloses all limitations of claim 1/10, however is silent on the RF band comprises either one of 2.4 GHz, 5.0 GHz and 6.0 GHz.
Shultz in a related field of endeavor disclose an adaptive radio for supporting different set of channels, wherein first set and second set of channels can be any different combinations of UNII 2 through 8 which include at least 5GHz , 6 GHz etc.., so long as they do not overlap. (See ¶0031, 0033).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the different set of subbands in Gore and others to be UNII-5 vs. any of UNII-6-8. As both Shults and Gore are similar in choosing set of different subbands for separation, specific different ones can be assigned to each set is a matter of preference/constraints rather than an inventive concept that affects the principle of the invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2019/0007946 - Some techniques described herein assist a user equipment with acquiring and/or reacquiring, from a base station, a dynamic list of channels to be used for frequency hopping when communicating over an unlicensed radio frequency spectrum band, thereby increasing communication reliability and promoting coexistence in the unlicensed radio frequency spectrum band. Some techniques described herein also assist the user equipment in obtaining the list of channels with low latency (e.g., shortly after the list has changed) and with low power consumption. Numerous other aspects are provided..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUAN M HUA whose telephone number is (571)270-7232. The examiner can normally be reached 10:30-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy can be reached on 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUAN M HUA/Primary Examiner, Art Unit 2645
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