DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is in response to an amendment/response filed 7/28/2026.
No claims have been cancelled.
No claims have been added.
Claims 1-6, 8-16, and 18-20 are currently pending.
Claim Objections
Claim 1 objected to because of the following informalities: claim 1 has the “Proposed” language – this language will be treated as “Currently Amended”.
Response to Arguments
Applicant's arguments filed 7/28/2026 have been fully considered but they are not persuasive.
On page 6-7 of the remarks, in regard to claim 1, 11, and 16, the Applicant disagrees with the rejection under 35 U.S.C. 103 as being unpatentable over Chang et al. US 12096495 (hereinafter “Chang”) in view of Khati et al. US 20230082984 (hereinafter “Khati”) and in further view of Li et al. US 20170135014 (hereinafter “Li”)
Specifically, the Applicant remarks:
The cited references fail to teach or suggest, let alone disclose, at least "wirelessly transmitting data, by the device, over a first link and not over a second link during a first period of time during which a ratio of a first data rate for the first link to a second data rate for the second link is above a threshold for the ratio computed based on a time of expiration of back-off for the first link..." and "in response to the comparison indicating that the ratio is below the threshold, wirelessly transmitting data, by the device, concurrently over the first link and the second link during a second period of time," as recited by claim 1 and similarly recited in claims 11 and 16.
The Examiner respectfully disagrees.
Regarding (1), even though the amended claim now includes “…for the ratio computed…” that makes the claim unclear (please see the 112(b) rejection below), the claim still has the same limitations as before in which Chang in view of Khati teaches transmitting data over one link or concurrently based on a comparison between a ratio of the data rates and a threshold and Chang in view of Khati and Li teaches a threshold based on “a time of expiration of back-off for the first link, wherein back-off is a wait time for an initial transmission at a medium access control…”. The applicant also does not provide any specific reasons why these references fail to teach the elements in the amended claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 11, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 11, and 16 were amended as follows “…wirelessly transmitting data, by the device, over a first link and not over a second link during a first period of time during which a ratio of a first data rate for the first link to a second data rate for the second link is above a thresholdfor the ratio computed based on a time of expiration of back-off for the first link…”. The claim mentions “a ratio” of the first and second data rate and now includes “for the ratio computed based on a time of expiration of back-off for the first link…” which makes the claim unclear since the ratio (or the only ratio mentioned in the claim) of the first and second data rate is not computed based on a time of expiration of back-off as mentioned in the specification. As an example, the claim would be clearer if it mentions first ratio (for the data rates) and second ratio (for the threshold). In addition, the claim now reads as if the ratio of the data rates is computed during the time data is only transmitted over a first link. It is not clear how the ratio requiring a second data rate is computed when there is no data on the second link. Appropriate correction is required.
Claims 2-6, 8-10, 12-15, and 18-20 are also rejected because they depend from a rejected claim.
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.
Claim(s) 1-6 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. US 12096495 (hereinafter “Chang”) in view of Khati et al. US 20230082984 (hereinafter “Khati”) and in further view of Li et al. US 20170135014 (hereinafter “Li”)
As to claim 1, 11, and 16 (claim 11 is the system comprising the device in claim 1 and claim 16 is the non-transitory machine-readable medium in the device in claim 1):
Chang discloses:
A device, comprising: a memory; and processing circuitry configured to perform operations (“the processor circuit 116 may be (but not limited to) a central processing unit (CPU), an application-specific integrated circuit, a multiprocessor, a pipeline processor, and/or a distributed processing system. Various circuits or units to implement the processor circuit 116 are within the contemplated scope of the present disclosure. In some embodiments, the memory circuit 118 may be (but not limited to) a non-transitory computer readable storage medium.”, Chang [15]) comprising: wirelessly transmitting data (“FIG. 1 is a schematic diagram of a network device 100 according to some embodiments of the present disclosure. In some embodiments, the network device 100 and a device 100B may operate in a client mode, in order to be connected to a wireless access point (AP) 100A via a base channel 101.”, Chang [11]), by the device, over a first link and not over a second link during a first period of time during which a ratio (“a ratio is determined according to the TDLS-link throughput and the AP-link throughput”, Chang [28]) of a first throughput for the first link to a second throughput for the second link is above a threshold; (“Alternatively, if the ratio is higher than the third threshold value, step S43 in FIG. 4B is performed.”, Chang [28]) (FIG. 4A or MCC mode which performs transmission over either TDLS or AP link, Chang) and in response to the comparison indicating that the ratio is below the threshold, wirelessly transmitting data, by the device, concurrently over the first link and the second link during a second period of time. (“whether the ratio is lower than or equal to a third threshold value is determined. If the ratio is lower than or equal to the third threshold value, step S42 in FIG. 4B is performed.”, Chang [28]) (FIG. 4A or DBCC mode which performs transmission over both TDLS and AP link, Chang)
Chang as described above discloses using a ratio of a first throughput for the first link to a second throughout for the second link. Chang does not explicitly teach a first data rate and a second data rate and threshold based on expiration of backoff time:
for the ratio computed based on a time of expiration of back-off for the first link, wherein back-off is a wait time for an initial transmission at a medium access control (MAC) layer of the device;
However, Khati further teaches comparing the data rates of two wireless links which includes: a first data rate and a second data rate(“if the processor 12 determines that a communication link may be established between two communication hubs (e.g., 72A, 72B), and the first communication hub 72A has a higher link margin than the second communication hub 72B (e.g., in some cases, within a threshold link margin difference), but the second communication hub 72B has a greater data rate than the first communication hub 72A (e.g., in some cases, exceeding a threshold data rate difference), then the processor 12 may establish the communication link with the second communication hub 72B if data rate is prioritized.”, Khati [0087])
Chang and Khati are analogous because they both pertain to determining a data metric of two wireless links for performing transmission.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include comparing the data rates of two wireless links as described in Khati into Chang. By modifying the method to include comparing the data rates of two wireless links as taught by Khati, the benefits of improved throughput (Khati [0087] and Chang [28]) are achieved.
The combination of Chang and Khati as described above does not explicitly teach:
for the ratio computed based on a time of expiration of back-off for the first link, wherein back-off is a wait time for an initial transmission at a medium access control (MAC) layer of the device;
However, Li further teaches threshold based on the wait time which includes:
for the ratio computed based on a time of expiration of back-off for the first link, wherein back-off is a wait time for an initial transmission at a medium access control (MAC) layer of the device; (“The transmit end may learn, by monitoring a CSMA/CA register of the WiFi network interface card, whether the WiFi link is currently available for transmitting data, or a waiting time required for transmitting data.”, Li [0131]) (“A waiting time of to-be-sent data in a buffer queue of the transmit end reaches a threshold D, where D≧N×T. T indicates an average waiting time of waiting for termination of the backoff.”, Li [0140]) (“To make persons skilled in the art more clearly understand the technical solutions provided in the embodiments, the following of this specification uses an example in which the wireless network access point serves as a transmit end (the transmit end includes independent MAC layers of multiple communications standards, and the multiple communications standards include WiFi and wireless cellular), and describes, by using a more specific embodiment, the multiple-communications-standard transmission method provided in the embodiments.”, Li [0121])(“In practice, an upper layer notifies that the session is terminated. After receiving the notification, MAC layers of the cellular link and the WiFi link release resources.”, Li [0155])
Chang, Khati, and Li are analogous because they pertain to wireless transmissions over multiple links.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include threshold based on the wait time as described in Li into Chang as modified by Khati. By modifying the method to include threshold based on the wait time as taught by Li, the benefits of improved throughput (Khati [0087] and Chang [28]) and improved throughput (Li [0159]) are achieved.
As to claim 2 and 12 (claim 12 is the system comprising the device in claim 2):
Chang discloses:
The device of claim 1, wherein wirelessly transmitting the data concurrently over the first link and the second link during the second period of time during which the ratio is below the threshold comprises transmitting a portion of the data over the second link for a maximum allowed transmission time for the second link. (“In operation S240, one of the DBCC mode and a multi-channel concurrent (MCC) mode is performed according to a number of antennas corresponding to the transceiver circuits, in order to control at least one of the transceiver circuits to be connected to the device 100B via the off channel. In operation S250, a second timer is set.”, Chang [22])
As to claim 3 and 13 (claim 13 is the system comprising the device in claim 2):
Chang discloses:
The device of claim 2, the operations further comprising: wirelessly transmitting data, by the device, over the second link during a third period of time during which the ratio is above the threshold (“Alternatively, if the ratio is higher than the third threshold value, step S43 in FIG. 4B is performed.”, Chang [28]) (FIG. 4A or MCC mode which performs transmission over either TDLS or AP link, Chang) and a network allocation vector for the first link is set. (“In operation S250, a second timer is set.”, Chang [22])
As to claim 4 and 14 (claim 14 is the system comprising the device in claim 4):
Chang discloses:
The device of claim 3, wherein wirelessly transmitting the data, by the device, over the second link during the third period of time during which the ratio is above the threshold (“Alternatively, if the ratio is higher than the third threshold value, step S43 in FIG. 4B is performed.”, Chang [28]) (FIG. 4A or MCC mode which performs transmission over either TDLS or AP link, Chang) and the network allocation vector for the first link is set comprises wirelessly transmitting the data over the second link for a duration of a timer for the network allocation vector. (“In operation S250, a second timer is set. After operation S240 is performed, the processor circuit 116 switches the TDLS-link to be over the off channel 102, and may set the timer T2. In operation S205, if the first timer or the second timer is expired, operation S210 is performed again to determine whether TDLS-link throughput TPT is higher than or equal to the threshold value TH1. Descriptions about operation S240 will be given with reference to FIG. 3A to FIG. 4C.”, Chang [22])
As to claim 5 and 15 (claim 15 is the system comprising the device in claim 5):
Chang as described above does not explicitly teach:
The device of claim 4, the operations further comprising: wirelessly transmitting data, by the device, over the second link during a fourth period of time during which the ratio is above the threshold
However, Khati further teaches comparing the data rates of two wireless links and transmitting data during a period of time when one link has a faster data rate than the other link and a timer is not set which includes:
The device of claim 4, the operations further comprising: wirelessly transmitting data, by the device, over the second link during a fourth period of time during which the ratio is above the threshold (“if the processor 12 determines that a communication link may be established between two communication hubs (e.g., 72A, 72B), and the first communication hub 72A has a higher link margin than the second communication hub 72B (e.g., in some cases, within a threshold link margin difference), but the second communication hub 72B has a greater data rate than the first communication hub 72A (e.g., in some cases, exceeding a threshold data rate difference), then the processor 12 may establish the communication link with the second communication hub 72B if data rate is prioritized.”, Khati [0087]) and the network allocation vector for the first link is not set. (“In some embodiments, the transmitter 52 of the electronic device 10 may have attempted to send data (e.g., messages) for a duration of time while, for example, the user hikes through heavy foliage areas.”, Khati [0096])
Chang and Khati are analogous because they both pertain to determining a data metric of two wireless links for performing transmission.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include comparing the data rates of two wireless links and transmitting data during a period of time when one link has a faster data rate than the other link and a timer is not set as described in Khati into Chang. By modifying the method to include comparing the data rates of two wireless links and transmitting data during a period of time when one link has a faster data rate than the other link and a timer is not set as taught by Khati, the benefits of improved throughput (Khati [0087] and Chang [28]) are achieved.
As to claim 6:
Chang as described above does not explicitly teach:
The device of claim 5, wherein wirelessly transmitting the data, by the device, over the second link during the fourth period of time during which the ratio is above the threshold
However, Khati further teaches comparing the data rates of two wireless links and transmitting data during a period of time when one link has a faster data rate than the other link and a timer is not set which includes:
The device of claim 5, wherein wirelessly transmitting the data, by the device, over the second link during the fourth period of time during which the ratio is above the threshold (“if the processor 12 determines that a communication link may be established between two communication hubs (e.g., 72A, 72B), and the first communication hub 72A has a higher link margin than the second communication hub 72B (e.g., in some cases, within a threshold link margin difference), but the second communication hub 72B has a greater data rate than the first communication hub 72A (e.g., in some cases, exceeding a threshold data rate difference), then the processor 12 may establish the communication link with the second communication hub 72B if data rate is prioritized.”, Khati [0087]) and the network allocation vector for the first link is not set comprises transmitting the data over the second link for an expected amount of time for transmission of the data. (“In some embodiments, the transmitter 52 of the electronic device 10 may have attempted to send data (e.g., messages) for a duration of time while, for example, the user hikes through heavy foliage areas.”, Khati [0096])
Chang and Khati are analogous because they both pertain to determining a data metric of two wireless links for performing transmission.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include comparing the data rates of two wireless links and transmitting data during a period of time when one link has a faster data rate than the other link and a timer is not set as described in Khati into Chang. By modifying the method to include comparing the data rates of two wireless links and transmitting data during a period of time when one link has a faster data rate than the other link and a timer is not set as taught by Khati, the benefits of improved throughput (Khati [0087] and Chang [28]) are achieved.
Claim(s) 8-10 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Khati and Li, as applied to claim 1 above, and further in view of Hsieh et al. 1701.03831v1 “Delay-Optimal Scheduling for Queueing Systems with Switching Overhead” (hereinafter “Hsieh”)
As to claim 8 and 18 (claim 18 is the non-transitory machine-readable medium in the device in claim 8):
The combination of Chang, Li, and Khati as described above does not explicitly teach:
The device of claim 1, wherein the threshold is further based on a maximum allowed transmission time for the first link.
However, Hsieh further teaches determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead which includes:
The device of claim 1, wherein the threshold is further based on a maximum allowed transmission time for the first link. (Equation 9 in section 4.1, Hsieh) (Examiner’s Note: the equation can be interpreted as the following: ‘1’ is the constant value, wait time is Ts, sum of the maximum allowed transmission time and the overhead is F(Q(tk)))
Chang, Li, Khati, and Hsieh are analogous because they pertain to optimizing the throughput.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead as described in Hsieh into Chang as modified by Khati and Li. By modifying the method to include determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead as taught by Hsieh, the benefits of improved throughput (Khati [0087], Chang [28], Hsieh [Abstract]) and improved throughput (Li [0159]) are achieved.
As to claim 9 and 19 (claim 19 is the non-transitory machine-readable medium in the device in claim 9):
The combination of Chang, Li, and Khati as described above does not explicitly teach:
The device of claim 8, wherein the threshold is further based on an overhead for transmissions on the second link.
However, Hsieh further teaches determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead which includes:
The device of claim 8, wherein the threshold is further based on an overhead for transmissions on the second link. (Equation 9 in section 4.1, Hsieh) (Examiner’s Note: the equation can be interpreted as the following: ‘1’ is the constant value, wait time is Ts, sum of the maximum allowed transmission time and the overhead is F(Q(tk)))
Chang, Li, Khati, and Hsieh are analogous because they pertain to optimizing the throughput.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead as described in Hsieh into Chang as modified by Khati and Li. By modifying the method to include determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead as taught by Hsieh, the benefits of improved throughput (Khati [0087], Chang [28], Hsieh [Abstract]) and improved throughput (Li [0159]) are achieved.
As to claim 10 and 20 (claim 20 is the non-transitory machine-readable medium in the device in claim 10):
The combination of Chang, Li, and Khati as described above does not explicitly teach:
The device of claim 9, wherein the threshold comprises a sum of a constant value and a ratio of the wait time to a sum of the maximum allowed transmission time and the overhead.
However, Hsieh further teaches determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead which includes:
The device of claim 9, wherein the threshold comprises a sum of a constant value and a ratio of the wait time to a sum of the maximum allowed transmission time and the overhead. (Equation 9 in section 4.1, Hsieh) (Examiner’s Note: the equation can be interpreted as the following: ‘1’ is the constant value, wait time is Ts, sum of the maximum allowed transmission time and the overhead is F(Q(tk)))
Chang, Khati, Li, and Hsieh are analogous because they pertain to optimizing the throughput.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead as described in Hsieh into Chang as modified by Khati and Li. By modifying the method to include determining a threshold based on the sum of a constant value and the ratio of a wait time to the sum of transmission time and overhead as taught by Hsieh, the benefits of improved throughput (Khati [0087], Chang [28], Hsieh [Abstract]) and improved throughput (Li [0159]) are achieved.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW C KIM whose telephone number is (703)756-5607. The examiner can normally be reached M-F 9AM - 5PM (PST).
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/A.C.K./
Examiner
Art Unit 2471
/SUJOY K KUNDU/Supervisory Patent Examiner, Art Unit 2471
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