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
The following is a final office action in response to applicant’s amendment filed on 08/21/2025 for response of the office action mailed on 05/22/2025. Claims 1, 3-9, 15, and 17-25 have been amended. Claims 1-25 are pending in this application.
Response to Arguments
Applicant's arguments filed 08/21/2025 have been fully considered but they are not persuasive / 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 Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
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.
(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.
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.
Claims 1-3, 7-8, 10-17, 21 and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US 2002/0188723 A1), Choi hereinafter.
Re. Claim 1,
Choi teaches an apparatus comprising logic and circuitry configured to cause an Access Point (AP) to: (Fig. 1-2 & ¶0010);
transmit measurement requests to a plurality of wireless communication stations (STAs) in a Basic Service Set (BSS) of the AP (Fig. 3-7 & ¶0028 - In the event that the AP requests a channel measurement to a set of STAs associated with its BSS, the AP transmits a channel measurement request frame, as shown in FIG. 4);
process measurement reports from the plurality of STAs in the BSS, wherein a measurement report from a STA comprises reported measurements of the STA with respect to one or more wireless communication channels (Fig. 3-7 & ¶0026 - Hence, prior to making a switch to the best wireless link, the AP needs to know the status of the current and other channels as well as the presence of other licensed operators … by requesting the channel conditions from the associated STAs. ¶0028- The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b));
determine a plurality of STA-specific channel preferences for the plurality of STAs based on the measurement reports from the plurality of STAs in the BSS (Fig. 3-7 & ¶0028 - The request frame will specify (1) when to begin the measurement; (2) which channel to measure; (3) how long to measure; and, (4) how to measure. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices);
wherein in determining the plurality of STA-specific channel preferences for the plurality of STAs the AP is to determine a first STA-specific channel preference for a first STA of the plurality of STAs based on a first measurement report from the first STA (Fig. 3-7 & ¶0028 - As shown in FIG. 4, the channel measurement frame contains four fields: "Action Code," "Activation Delay," "Dialog Token," and "Channel Measurement Method element." The "Activation Delay" field specifies when to start the channel measurement procedure. The "Dialog Token" is a single octet field, which distinguishes different measurement requests from each other. The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Please also see Fig. 5A-5B and ¶0029-¶0030);
and to determine a second STA-specific channel preference for a second STA of the plurality of STAs based on a second measurement report from the second STA (Fig. 3-7 & ¶0028 - As shown in FIG. 4, the channel measurement frame contains four fields: "Action Code," "Activation Delay," "Dialog Token," and "Channel Measurement Method element." The "Activation Delay" field specifies when to start the channel measurement procedure. The "Dialog Token" is a single octet field, which distinguishes different measurement requests from each other. The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Examiner interprets the Dialog Token field distinguishing different measurement requests from each other to mean the AP requests different measurement requests from multiple stations using a specific measurement method. Please also see Fig. 5A-5B and ¶0029-¶0030);
wherein the first STA-specific channel preference for the first STA comprises one or more first preferred channels for communication with the first STA based on the first measurement report (Fig. 3-7 & ¶0031 - Upon receiving a request to measure a channel by the AP as described… each STA will transmit a channel measurement report frame. ¶0032 - In general, the channel measurement report frame will contain the following three forms: (i) detection of other BSSs; (ii) measurement of Clear Channel Assessment (CCA) busy periods; and, (iii) measurement of received signal strength statistics. Fig. 3 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. Please also see Fig. 7 & ¶0046-¶0047. Examiner interprets the supported channels as one or more first preferred channels for communication with a first STA from each STA and the three forms as ways to determine the STA-specific channel preference);
wherein the second STA-specific channel preference for the second STA comprises one or more second preferred channels for communication with the second STA based on the second measurement report (Fig. 3-7 & ¶0031 - Upon receiving a request to measure a channel by the AP as described… each STA will transmit a channel measurement report frame. ¶0032 - In general, the channel measurement report frame will contain the following three forms: (i) detection of other BSSs; (ii) measurement of Clear Channel Assessment (CCA) busy periods; and, (iii) measurement of received signal strength statistics. Fig. 3 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. Please also see Fig. 7 & ¶0046-¶0047. Examiner interprets the supported channels as one or more first preferred channels for communication with a second STA from each STA and the three forms as ways to determine the STA-specific channel preference);
determine a selected wireless communication channel for the BSS based on the plurality of STA-specific channel preferences for the plurality of STAs (Fig. 3-7 & ¶0046 - Here, the candidate channel list contains channel numbers that the AP may consider switching all STAs for communication. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices. Lastly, the AP determines the channel selected in step s24 as a new channel to which all STAs must switch);
and trigger a channel switch to switch an operational channel of the BSS to the selected wireless communication channel (Fig. 3-8 & ¶0048 - After selecting a new channel to switch to, the AP transmits the new channel information via beacon transmission to switch all the STAs to the selected channel based on the channel measurement received from the STAs associated with this particular BSS as well as its own measurements … FIG. 8 depicts an announcement frame that can be used for this channel switch announcement and contains the "Channel-to-Switch" representing the number of frequency channel to make the switch to and the "Channel Switch Count" representing how many beacons (including the current frame) should appear before the channel switch when the BSS occurs).
Re. Claims 2 and 16, Choi teaches Claims 1 and 15.
Choi further teaches the measurement reports from the plurality of STAs in the BSS comprise a plurality of channel load reports from the plurality of STAs (Fig. 4-6 & ¶0031 - Upon receiving a request to measure a channel by the AP as described in the preceding paragraphs or when measured voluntarily, each STA will transmit a channel measurement report frame. ¶0032 - … the channel measurement report frame will contain the following three forms: (i) detection of other BSSs; (ii) measurement of Clear Channel Assessment (CCA) busy periods; and, (iii) measurement of received signal strength statistics. Examiner interprets the measurement of CCA and RSSI statistics as channel load reports);
wherein the measurement report from the STA comprises a channel load report from the STA comprising one or more channel load values corresponding to the one or more wireless communication channels, respectively (Fig. 6A-E & ¶0034 - In addition, the measurement of noise or interference level by 802.11 non-compliant devices, e.g., ETSI BRAN HIPERLAN/2 devices or satellite systems, is detected and reported to the AP. ¶0035 - The STA shall keep track of the CCA busy periods in order to report back the fractional period during which the CCA was busy out of the whole measurement duration. ¶0038 - Furthermore, measurements of the strength of the received signal, which may be used to determine the channel condition, is reported to the AP, as shown in FIGS. 6(d) and 6(e). Examiner interprets a STA measuring CCA and RSSI statistics as channel load values).
Re. Claim 3, Choi teaches Claim 2.
Choi further teaches determine a plurality of channel load scores corresponding to a respective plurality of wireless communication channels based on the plurality of channel load reports (Fig. 6A-E & ¶0034 - In addition, the measurement of noise or interference level by 802.11 non-compliant devices, e.g., ETSI BRAN HIPERLAN/2 devices or satellite systems, is detected and reported to the AP. ¶0035 - The STA shall keep track of the CCA busy periods in order to report back the fractional period during which the CCA was busy out of the whole measurement duration. ¶0038 - Furthermore, measurements of the strength of the received signal, which may be used to determine the channel condition, is reported to the AP, as shown in FIGS. 6(d) and 6(e));
wherein in determining the plurality of channel load scores the AP is to determine a channel load score for a particular wireless communication channel of the plurality of wireless communication channels by identifying a plurality of channel load values which correspond to the particular wireless communication channel in the plurality of channel load reports (Fig. 6A-E, 7 & ¶0034 - In addition, the measurement of noise or interference level by 802.11 non-compliant devices, e.g., ETSI BRAN HIPERLAN/2 devices or satellite systems, is detected and reported to the AP. ¶0035 - The STA shall keep track of the CCA busy periods in order to report back the fractional period during which the CCA was busy out of the whole measurement duration. ¶0038 - Furthermore, measurements of the strength of the received signal, which may be used to determine the channel condition, is reported to the AP, as shown in FIGS. 6(d) and 6(e));
and determining the channel load score for the particular wireless communication channel based on the plurality of channel load values which correspond to the particular wireless communication channel (Fig. 6A-E, 7 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. ¶0047 - That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices);
and determine the selected wireless communication channel for the BSS based on the plurality of channel load scores (Fig. 6A-E, 7 & ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices).
Re. Claim 7, Choi teaches Claim 1.
Choi further teaches to cause the AP to: determine a plurality of STA-specific preferred channels for communication with the plurality of STAs based on the plurality of STA-specific channel preferences, (Fig. 3-7 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated);
wherein the plurality of STA-specific preferred channels comprises the one or more first preferred channels and the one or more second preferred channels (Fig. 3-7 & ¶0047 - Thereafter, it is determined whether all channels are scanned in step 22);
and determine the selected wireless communication channel for the BSS from the plurality of STA-specific preferred channels (Fig. 3-7 & ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices. Lastly, the AP determines the channel selected in step s24 as a new channel to which all STAs must switch).
Re. Claim 8, Choi teaches Claim 1.
Choi further teaches to cause the AP to determine the one or more first preferred channels by identifying a first predefined count of wireless communication channels having best reported measurements in the first measurement report from the first STA (Fig. 4, 5A-B & ¶0026 - Hence, prior to making a switch to the best wireless link, the AP needs to know the status of the current and other channels as well as the presence of other licensed operators … by requesting the channel conditions from the associated STAs. ¶0028 - The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b)). Examiner interprets the predefined count of wireless communication channels under Channel Measurement Method element field);
and to determine the one or more second preferred channels by identifying a second predefined count of wireless communication channels having best reported measurements in the second measurement report from the second STA (Fig. 4, 5A-B & ¶0026 - Hence, prior to making a switch to the best wireless link, the AP needs to know the status of the current and other channels as well as the presence of other licensed operators … by requesting the channel conditions from the associated STAs. ¶0028 - The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Examiner interprets the predefined count of wireless communication channels under Channel Measurement Method element field).
Re. Claim 10, Choi teaches Claim 1.
Choi further teaches to cause the AP to set the operational channel of the BSS to a first wireless communication channel (Fig. 3-7 & ¶0007 - enabling the access point (AP) to select a channel for all stations (STAs) associated with its basic service set (BSS));
to transmit the measurement requests and to receive the measurement reports from the plurality of STAs over the first wireless communication channel (Fig. 3-7 & ¶0028 - In the event that the AP requests a channel measurement to a set of STAs associated with its BSS, the AP transmits a channel measurement request frame, as shown in FIG. 4. The transmission of a request for channel quality measurement to the STAs can be unicast, multicast, or broadcast. ¶0031 - Upon receiving a request to measure a channel by the AP as described in the preceding paragraphs or when measured voluntarily, each STA will transmit a channel measurement report frame);
to determine a second wireless communication channel based on the measurement reports from the plurality of STAs (Fig. 3-7 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. Please also see ¶0047);
and to trigger the channel switch to switch the operational channel of the BSS to the second wireless communication channel (Fig. 3-8 & ¶0048 - After selecting a new channel to switch to, the AP transmits the new channel information via beacon transmission to switch all the STAs to the selected channel based on the channel measurement received from the STAs associated with this particular BSS as well as its own measurements … FIG. 8 depicts an announcement frame that can be used for this channel switch announcement and contains the "Channel-to-Switch" representing the number of frequency channel to make the switch to and the "Channel Switch Count" representing how many beacons (including the current frame) should appear before the channel switch when the BSS occurs).
Re. Claim 11, Choi teaches Claim 1.
Choi further teaches to cause the AP to transmit the measurement requests and to receive the measurement reports from the plurality of STAs over the operational channel of the BSS (Fig. 3-7 & ¶0028 - In the event that the AP requests a channel measurement to a set of STAs associated with its BSS, the AP transmits a channel measurement request frame, as shown in FIG. 4. The transmission of a request for channel quality measurement to the STAs can be unicast, multicast, or broadcast. ¶0031 - Upon receiving a request to measure a channel by the AP as described in the preceding paragraphs or when measured voluntarily, each STA will transmit a channel measurement report frame. ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs).
Re. Claim 12, Choi teaches Claim 1.
Choi further teaches to cause the AP to trigger the channel switch by triggering a Dynamic Frequency Selection (DFS) (Fig. 3-8 & ¶0003 - The present invention relates to a dynamic frequency selection (DFS) mechanism in an IEEE 802.11(h) wireless local area network (WLAN), wherein the operational channel of the WLAN is selected dynamically according to channel determination made by the access point (AP) based on a channel quality report. ¶0048 - FIG. 8 depicts an announcement frame that can be used for this channel switch announcement and contains the "Channel-to-Switch" representing the number of frequency channel to make the switch to and the "Channel Switch Count" representing how many beacons (including the current frame) should appear before the channel switch when the BSS occurs. Please also see ¶0007).
Re. Claim 13, Choi teaches Claim 1.
Choi further teaches at least one radio to transmit the measurement requests and to receive the measurement reports (Fig. 2 & ¶0023 - Both the AP and STA may include … a transmitter/receiver 24 … The transmitter/receiver 24 is coupled to an antenna (not shown) to transmit desired data and its receiver converts received signals into corresponding digital data. Fig. 3-7 & ¶0028 - In the event that the AP requests a channel measurement to a set of STAs associated with its BSS, the AP transmits a channel measurement request frame, as shown in FIG. 4. The transmission of a request for channel quality measurement to the STAs can be unicast, multicast, or broadcast. ¶0031 - Upon receiving a request to measure a channel by the AP as described in the preceding paragraphs or when measured voluntarily, each STA will transmit a channel measurement report frame. ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs).
Re. Claim 14, Choi teaches Claim 13.
Choi further teaches one or more antennas connected to the radio, and a processor to execute instructions of an operating system of the AP (Fig. 2 & ¶0023 - The transmitter/receiver 24 is coupled to an antenna (not shown) to transmit desired data and its receiver converts received signals into corresponding digital data. The CPU 22 operates under the control of an operating system contained in the ROM 32 and utilizes RAM 30 to perform the frequency selection within a wireless local area network (WLAN), by enabling the AP to provide a new channel or wireless link for all stations (STAs) associated with its BSS).
Re. Claim 15,
Choi teaches a product comprising one or more tangible computer-readable non-transitory storage media comprising instructions operable to, when executed by at least one processor, enable the at least one processor to cause an Access Point (AP) to (Fig. 2 & ¶0023);
transmit measurement requests to a plurality of wireless communication stations (STAs) in a Basic Service Set (BSS) of the AP (Fig. 3-7 & ¶0028 - In the event that the AP requests a channel measurement to a set of STAs associated with its BSS, the AP transmits a channel measurement request frame, as shown in FIG. 4);
process measurement reports from the plurality of STAs in the BSS, wherein a measurement report from a STA comprises reported measurements of the STA with respect to one or more wireless communication channels (Fig. 3-7 & ¶0026 - Hence, prior to making a switch to the best wireless link, the AP needs to know the status of the current and other channels as well as the presence of other licensed operators, by detecting the channel conditions directly or by requesting the channel conditions from the associated STAs. ¶0028- The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b));
determine a plurality of STA-specific channel preferences for the plurality of STAs based on the measurement reports from the plurality of STAs in the BSS (Fig. 3-7 & ¶0028 - The request frame will specify (1) when to begin the measurement; (2) which channel to measure; (3) how long to measure; and, (4) how to measure. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices);
wherein the instructions, when executed, cause the AP to determine a first STA-specific channel preference for a first STA of the plurality of STAs based on a first measurement report from the first STA (Fig. 3-7 & ¶0028 - As shown in FIG. 4, the channel measurement frame contains four fields: "Action Code," "Activation Delay," "Dialog Token," and "Channel Measurement Method element." The "Activation Delay" field specifies when to start the channel measurement procedure. The "Dialog Token" is a single octet field, which distinguishes different measurement requests from each other. The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Please also see Fig. 5A-5B and ¶0029-¶0030);
and to determine a second STA-specific channel preference for a second STA of the plurality of STAs based on a second measurement report from the second STA (Fig. 3-7 & ¶0028 - As shown in FIG. 4, the channel measurement frame contains four fields: "Action Code," "Activation Delay," "Dialog Token," and "Channel Measurement Method element." The "Activation Delay" field specifies when to start the channel measurement procedure. The "Dialog Token" is a single octet field, which distinguishes different measurement requests from each other. The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Examiner interprets the Dialog Token field distinguishing different measurement requests from each other to mean the AP requests different measurement requests from multiple stations using a specific measurement method. Please also see Fig. 5A-5B and ¶0029-¶0030);
wherein the first STA- specific channel preference for the first STA comprises one or more first preferred channels for communication with the first STA based on the first measurement report (Fig. 3-7 & ¶0031 - Upon receiving a request to measure a channel by the AP as described… each STA will transmit a channel measurement report frame. ¶0032 - In general, the channel measurement report frame will contain the following three forms: (i) detection of other BSSs; (ii) measurement of Clear Channel Assessment (CCA) busy periods; and, (iii) measurement of received signal strength statistics. Fig. 3 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. Please also see Fig. 7 & ¶0046-¶0047. Examiner interprets the supported channels as one or more first preferred channels for communication with a first STA from each STA and the three forms as ways to determine the STA-specific channel preference);
wherein the second STA-specific channel preference for the second STA comprises one or more second preferred channels for communication with the second STA based on the second measurement report (Fig. 3-7 & ¶0031 - Upon receiving a request to measure a channel by the AP as described… each STA will transmit a channel measurement report frame. ¶0032 - In general, the channel measurement report frame will contain the following three forms: (i) detection of other BSSs; (ii) measurement of Clear Channel Assessment (CCA) busy periods; and, (iii) measurement of received signal strength statistics. Fig. 3 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. Please also see Fig. 7 & ¶0046-¶0047. Examiner interprets the supported channels as one or more first preferred channels for communication with a second STA from each STA and the three forms as ways to determine the STA-specific channel preference);
determine a selected wireless communication channel for the BSS based on the plurality of STA-specific channel preferences for the plurality of STAs (Fig. 3-7 & ¶0046 - Here, the candidate channel list contains channel numbers that the AP may consider switching all STAs for communication. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices. Lastly, the AP determines the channel selected in step s24 as a new channel to which all STAs must switch);
and trigger a channel switch to switch an operational channel of the BSS to the selected wireless communication channel (Fig. 3-8 & ¶0048 - After selecting a new channel to switch to, the AP transmits the new channel information via beacon transmission to switch all the STAs to the selected channel based on the channel measurement received from the STAs associated with this particular BSS as well as its own measurements … FIG. 8 depicts an announcement frame that can be used for this channel switch announcement and contains the "Channel-to-Switch" representing the number of frequency channel to make the switch to and the "Channel Switch Count" representing how many beacons (including the current frame) should appear before the channel switch when the BSS occurs).
Re. Claim 17, Choi teaches Claim 16.
Choi further teaches the instructions, when executed, cause the AP to: determine a plurality of channel load scores corresponding to a respective plurality of wireless communication channels based on the plurality of channel load reports (Fig. 6A-E & ¶0034 - In addition, the measurement of noise or interference level by 802.11 non-compliant devices, e.g., ETSI BRAN HIPERLAN/2 devices or satellite systems, is detected and reported to the AP. ¶0035 - The STA shall keep track of the CCA busy periods in order to report back the fractional period during which the CCA was busy out of the whole measurement duration. ¶0038 - Furthermore, measurements of the strength of the received signal, which may be used to determine the channel condition, is reported to the AP, as shown in FIGS. 6(d) and 6(e));
wherein in determining the plurality of channel load scores the AP is to determine a channel load score for a particular wireless communication channel of the plurality of wireless communication channels based on a plurality of channel load values which correspond to the particular wireless communication channel in the plurality of channel load reports (Fig. 6A-E, 7 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. ¶0047 - That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices);
and determine the selected wireless communication channel for the BSS based on the plurality of channel load scores (Fig. 6A-E, 7 & ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices).
Re. Claim 21, Choi teaches Claim 15.
Choi further teaches the instructions, when executed, cause the AP to: determine a plurality of STA-specific preferred channels for communication with the plurality of STAs based on the plurality of STA-specific channel preferences (Fig. 3-7 & ¶0028 - The request frame will specify (1) when to begin the measurement; (2) which channel to measure; (3) how long to measure; and, (4) how to measure. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices);
wherein the plurality of STA-specific preferred channels comprises the one or more first preferred channels and the one or more second preferred channels (Fig. 3-7 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. A method of selecting the new channel in accordance with this invention is shown in the flow diagram of FIG. 7. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated);
and determine the selected wireless communication channel for the BSS by selecting the selected wireless communication channel from the plurality of STA-specific preferred channels (Fig. 3-7 & ¶0046 - Here, the candidate channel list contains channel numbers that the AP may consider switching all STAs for communication. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices. Lastly, the AP determines the channel selected in step s24 as a new channel to which all STAs must switch).
Re. Claim 23, Choi teaches Claim 15.
Choi further teaches the instructions, when executed, cause the AP to determine the one or more first preferred channels comprising a first predefined count of wireless communication channels having best reported measurements in the first measurement report from the first STA (Fig. 4, 5A-B & ¶0026 - Hence, prior to making a switch to the best wireless link, the AP needs to know the status of the current and other channels as well as the presence of other licensed operators … by requesting the channel conditions from the associated STAs. ¶0028 - The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b)). Examiner interprets the predefined count of wireless communication channels under Channel Measurement Method element field);
and to determine the one or more second preferred channels comprising a second predefined count of wireless communication channels having best reported measurements in the second measurement report from the second STA (Fig. 4, 5A-B & ¶0026 - Hence, prior to making a switch to the best wireless link, the AP needs to know the status of the current and other channels as well as the presence of other licensed operators … by requesting the channel conditions from the associated STAs. ¶0028 - The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Examiner interprets the predefined count of wireless communication channels under Channel Measurement Method element field).
Re. Claim 24,
Choi teaches an apparatus for an Access Point (AP), the apparatus comprising (Fig. 2 & ¶0023);
means for causing the AP to transmit measurement requests to a plurality of wireless communication stations (STAs) in a Basic Service Set (BSS) of the AP (Fig. 3-7 & ¶0028 - In the event that the AP requests a channel measurement to a set of STAs associated with its BSS, the AP transmits a channel measurement request frame, as shown in FIG. 4. Please also see Claim 17);
means for processing measurement reports from the plurality of STAs in the BSS, wherein a measurement report from a STA comprises reported measurements of the STA with respect to one or more wireless communication channels (Fig. 3-7 & ¶0026 - Hence, prior to making a switch to the best wireless link, the AP needs to know the status of the current and other channels as well as the presence of other licensed operators, by detecting the channel conditions directly or by requesting the channel conditions from the associated STAs. ¶0028- The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Please also see Claim 17);
means for determining a plurality of STA-specific channel preferences for the plurality of STAs based on the measurement reports from the plurality of STAs in the BSS (Fig. 3-7 & ¶0028 - The request frame will specify (1) when to begin the measurement; (2) which channel to measure; (3) how long to measure; and, (4) how to measure. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices);
wherein the means for determining the plurality of STA-specific channel preferences is configured to determine a first STA-specific channel preference for a first STA of the plurality of STAs based on a first measurement report from the first STA (Fig. 3-7 & ¶0028 - As shown in FIG. 4, the channel measurement frame contains four fields: "Action Code," "Activation Delay," "Dialog Token," and "Channel Measurement Method element." The "Activation Delay" field specifies when to start the channel measurement procedure. The "Dialog Token" is a single octet field, which distinguishes different measurement requests from each other. The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Please also see Fig. 5A-5B and ¶0029-¶0030);
and to determine a second STA-specific channel preference for a second STA of the plurality of STAs based on a second measurement report from the second STA (Fig. 3-7 & ¶0028 - As shown in FIG. 4, the channel measurement frame contains four fields: "Action Code," "Activation Delay," "Dialog Token," and "Channel Measurement Method element." The "Activation Delay" field specifies when to start the channel measurement procedure. The "Dialog Token" is a single octet field, which distinguishes different measurement requests from each other. The "Channel Measurement Method element" field indicates a set of channels to be measured, in which each octet specifies a channel number, and can be one of two forms: "basic channel measurement method" or "CF channel measurement method," as shown in FIGS. 5(a) and 5(b). Examiner interprets the Dialog Token field distinguishing different measurement requests from each other to mean the AP requests different measurement requests from multiple stations using a specific measurement method. Please also see Fig. 5A-5B and ¶0029-¶0030);
wherein the first STA-specific channel preference for the first STA comprises one or more first preferred channels for communication with the first STA based on the first measurement report (Fig. 3-7 & ¶0031 - Upon receiving a request to measure a channel by the AP as described… each STA will transmit a channel measurement report frame. ¶0032 - In general, the channel measurement report frame will contain the following three forms: (i) detection of other BSSs; (ii) measurement of Clear Channel Assessment (CCA) busy periods; and, (iii) measurement of received signal strength statistics. Fig. 3 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. Please also see Fig. 7 & ¶0046-¶0047. Examiner interprets the supported channels as one or more first preferred channels for communication with a first STA from each STA and the three forms as ways to determine the STA-specific channel preference);
wherein the second STA-specific channel preference for the second STA comprises one or more second preferred channels for communication with the second STA based on the second measurement report (Fig. 3-7 & ¶0031 - Upon receiving a request to measure a channel by the AP as described… each STA will transmit a channel measurement report frame. ¶0032 - In general, the channel measurement report frame will contain the following three forms: (i) detection of other BSSs; (ii) measurement of Clear Channel Assessment (CCA) busy periods; and, (iii) measurement of received signal strength statistics. Fig. 3 & ¶0045 - After obtaining the channel quality reports in step 100, the AP now determines a new channel that is used for communication between the AP and the STAs. ¶0046 - In step 8, the process of selecting a channel from support channels is initiated. Please also see Fig. 7 & ¶0046-¶0047. Examiner interprets the supported channels as one or more first preferred channels for communication with a second STA from each STA and the three forms as ways to determine the STA-specific channel preference);
means for determining a selected wireless communication channel for the BSS based on the plurality of STA-specific channel preferences for the plurality of STAs (Fig. 3-7 & ¶0046 - Here, the candidate channel list contains channel numbers that the AP may consider switching all STAs for communication. ¶0047 - If so, the channel with the least RSSRI and/or CCA value is selected. That is, after obtaining a number of potential candidate channels, the AP may determine a specific channel with the least interference to, not only to other STAs with a BSS, but to other co-located systems, e.g., HIPERLAN/2 devices. Lastly, the AP determines the channel selected in step s24 as a new channel to which all STAs must switch);
and means for triggering a channel switch to switch an operational channel of the BSS to the selected wireless communication channel (Fig. 3-8 & ¶0048 - After selecting a new channel to switch to, the AP transmits the new channel information via beacon transmission to switch all the STAs to the selected channel based on the channel measurement received from the STAs associated with this particular BSS as well as its own measurements … FIG. 8 depicts an announcement frame that can be used for this channel switch announcement and contains the "Channel-to-Switch" representing the number of frequency channel to make the switch to and the "Channel Switch Count" representing how many beacons (including the current frame) should appear before the channel switch when the BSS occurs. Please also see Claim 19).
Claim Rejections - 35 USC § 103
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.
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 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 non-obviousness.
Claims 4-6, 9, 18-20, 22 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Choi, and further in view of Zaphir, (US 2022/0330062 A1), Zaphir hereinafter.
Re. Claim 4, Choi teaches Claim 3.
Yet, Choi does not explicitly teach to cause the AP to determine the channel load score for the particular wireless communication channel based on an extremum channel load value from all of the plurality of channel load values which correspond to the particular wireless communication channel in the plurality of channel load reports.
However, in the analogous art, Zaphir explicitly teaches to cause the AP to determine the channel load score for the particular wireless communication channel based on an extremum channel load value from all of the plurality of channel load values which correspond to the particular wireless communication channel in the plurality of channel load reports (Fig. 1B, 3-5 & ¶0085 - The configuration shown in FIG. 1B is for exemplary purposes only, and in practice AP 108 or a similar device may provide wireless links or links to one or more end-devices over any one or more available channels. ¶0229 - Accordingly, an algorithm of the present disclosure may set channel load score at 200% if the channel load is 0%, decreasing the load score to 0% when it has reached to a maximum of 80%. ¶0230 - Thus, interference load score will be set as 200%