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
Receipt is acknowledged of the amendment filed 7/21/2025. No claims have been amended. No claims have been added. No claims have been canceled. Claims 1-15 are pending and an action is as follows.
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.
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, 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. Pub No. US 2021/0385192 (hereinafter Zhang), in view of Rahman et al. Pub No. US 2023/0209584 (hereinafter Rah).
Regarding claim 1, Zhang teaches a method for avoiding network interference, the method being executable by an electronic device and comprising:
when the electronic device is turned on, connecting the electronic device to a Wi-Fi base station through a first Wi-Fi frequency band, wherein the electronic device operates at a short-term stage;
([Zhang, Fig. 9, Steps 902 and 908-910, ¶72 (power up and connect to WLAN) and also see ¶44-¶45 (WLAN being a wireless local area network.) and ¶28 (RATs operate on one or more frequencies, wherein a frequency may be referred to as a frequency channel or subband)] The UE may power up in area coverage area and connect to a Wireless Local Area Network (WLAN) access point (interpreted as the Wi-Fi base station). The WLAN is based on IEEE 802.11 standards, wherein the UE uses its WLAN modem to wirelessly communicate via a WLAN air interface/frequency band and connection with an WLAN access point using a WLAN radio access technology (RAT); wherein the data may be later routed between the UE and the core network through the WLAN access point. This supports the Examiner interpretation of the access point being the Wi-Fi base station. The UE is interpreted as operating on a short-term stage for the duration of Steps 908-910 as it must progress to the other subsequent processes beyond step 910)
connecting the electronic device to a mobile base station through a radio frequency band;
([Zhang, Fig. 9, Steps 904-906 ¶43 and ¶72 (UE also includes a cellular modem and may communicate with a radio access network (RAN) base station (BS) of a wireless wide area network (WWAN)) over a cellular radio frequency band])
But it does not teach determining whether the radio frequency band is a specific radio frequency band.
However, Rah teaches determining whether the radio frequency band is a specific radio frequency band;
(Rah in Fig. 3C, Step 342 teaches determining whether the cellular radio frequency band is a specific radio frequency band)
if the radio frequency band is determined to be the specific radio frequency band, selecting a second Wi-Fi frequency band, wherein the electronic device can use the second Wi-Fi frequency and the radio frequency band, based on a preset table, without causing conflicts; and
(Rah in Fig. 3C, Step 342 discloses that if the cellular radio frequency band is determined to be the specific radio band as noted by the “Yes” branch extending from the decision steps 342 and 344 to process step 346, then a second Wi-Fi frequency band is selected, wherein the device can use the second Wi-Fi frequency and the cellular radio frequency band, based on a pre-characterized lookup table (interpreted as the claimed preset table) without causing conflict as this Wi-Fi radio frequency band is safe for operating along with the active cellular radio frequency band.)
connecting the electronic device to the Wi-Fi base station via the second Wi-Fi frequency band and enabling the electronic device to operate from the short-term stage to a long-term stage.
([Rah, Fig. 3C, ¶12-¶13] Rah teaches in Fig. 3C that the UE may experience a connection change in the cellular or Wi-Fi channels in the short-term and begin a coexistence operation. The coexistence operation strives to enable the UE to concurrently connect to both the cellular network and the Wi-Fi network; wherein based on a determination process that ensures that these concurrent cellular and Wi-Fi connections allow for safe operation without causing interference between their respective operating bands, the UE is enables maintain both the cellular and Wi-Fi connections. Thus, the UE is enabled to maintain Cellular and Wi-Fi coexistence by operating from a short-term stage to a long-term stage since there is no conflict for such an extension of time for the UE’s dual connection and communication operation)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, indicating a method and device to perform network communication using concurrent cellular and Wi-Fi connections for multi-RAT coexistence, with the teachings of Rah, indicating that the specific bands may be identified and handled in a manner that reduces interference while allowing for concurrent Cellular and Wi-Fi connections for communication with the network. The resulting benefit would have been the ability to identify specific cellular bands that overlap with Wi-Fi bands at the UE so that the UE may autonomously perform mitigation steps while maintaining multi-RAT connectivity for increased coverage and communication reliability.
Regarding claim 6, Zhang teaches an electronic device [Zhang, Fig. 3 and 10, UE 120/1000, ¶43 and ¶77-¶78], comprising:
a Wi-Fi connecting module, configured to, when the electronic device is turned on, connect to a Wi-Fi base station through a first Wi-Fi frequency band, wherein the electronic device operates at a short-term stage;
([Zhang, Figs. 3, 9 and 10, Steps 902 and 908-910, Wi-Fi modem 306 and Transceiver 1008, ¶72 (power up and connect to WLAN) and also see ¶44-¶45 (WLAN being a wireless local area network.) and ¶28 (RATs operate on one or more frequencies, wherein a frequency may be referred to as a frequency channel or subband)] The UE, having a Wi-Fi modem of a transceiver (interpreted as the Wi-Fi connecting module), may power up in area coverage area and connect to a Wireless Local Area Network (WLAN) access point (interpreted as the Wi-Fi base station). The WLAN is based on IEEE 802.11 standards, wherein the UE uses its WLAN modem to wirelessly communicate via a WLAN air interface/frequency band and connection with an WLAN access point using a WLAN radio access technology (RAT); wherein the data may be later routed between the UE and the core network through the WLAN access point. This supports the Examiner interpretation of the access point being the Wi-Fi base station. The UE is interpreted as operating on a short-term stage for the duration of Steps 908-910 as it must progress to the other subsequent processes beyond step 910)
a radio connecting module, configured to connect to a mobile base station through a radio frequency band; and
([Zhang, Figs. 3 and 9, Steps 904-906 and Cellular Modem 304, ¶43 and ¶72 (UE also includes a cellular modem 304 and may communicate with a radio access network (RAN) base station (BS) of a wireless wide area network (WWAN)) over a cellular radio frequency band])
But it does not teach determining whether the radio frequency band is a specific radio frequency band.
However, Rah teaches a determining module, configured to determine to connect the electronic device to a mobile base station through a radio frequency band; and
(Rah in Fig. 3C, Step 342 teaches determining whether the cellular radio frequency band is a specific radio frequency band, ¶67-¶70 (processor serves as the determining module))
if the radio frequency band is the specific radio frequency band, ending a switch command to the Wi-Fi connecting module; ([Rah, Fig. 3C, Process 342 (“No” Branch from Process 342)] Rah teaches ending the switch command to the Wi-Fi connecting module as there is no need to switch Wi-Fi bands because there is no conflict between the Cellular and Wi-Fi bands)
wherein, the Wi-Fi connecting module selects, according to the switch command, a second Wi-Fi frequency band, wherein the electronic device can use the second Wi-Fi frequency and the radio frequency band, based on a preset table, without causing conflicts based on a preset table, connects to the Wi-Fi base station via the second Wi-Fi frequency band, and enables the electronic device to operate from the short-term stage to a long-term stage.
(Rah in Fig. 3C, Step 342 discloses that according to the switch command (instructions to switch from the determination that the cellular radio frequency band is determined to be the specific radio band as noted by the “Yes” branch extending from the decision steps 342 and 344 to process step 346), the UE selects a second Wi-Fi frequency band, wherein the device can use the second Wi-Fi frequency and the cellular radio frequency band, based on a pre-characterized lookup table (interpreted as the claimed preset table) without causing conflict as this Wi-Fi radio frequency band is safe for operating along with the active cellular radio frequency band. [Rah, Fig. 3C, ¶12-¶13] Additionally, Rah teaches that the coexistence operation strives to enable the UE to concurrently connect to both the cellular network and the Wi-Fi network; wherein based on a determination process that ensures that these concurrent cellular and Wi-Fi connections allow for safe operation without causing interference between their respective operating bands, the UE is enables maintain both the cellular and Wi-Fi connections. Thus, the UE is enabled to maintain Cellular and Wi-Fi coexistence by operating from a short-term stage to a long-term stage since there is no conflict for such an extension of time for the UE’s dual connection and communication operation.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, indicating a method and device to perform network communication using concurrent cellular and Wi-Fi connections for multi-RAT coexistence, with the teachings of Rah, indicating that the specific bands may be identified and handled in a manner that reduces interference while allowing for concurrent Cellular and Wi-Fi connections for communication with the network. The resulting benefit would have been the ability to identify specific cellular bands that overlap with Wi-Fi bands at the UE so that the UE may autonomously perform mitigation steps while maintaining multi-RAT connectivity for increased coverage and communication reliability.
Regarding claim 11, Zhang teaches a non-transitory computer-readable storage medium storing game program [Zhang, Fig. 10, Computer-Readable Memory 1012] which causes a computer to execute:
a process of, when the electronic device is turned on, connecting the electronic device to a Wi-Fi base station through a first Wi-Fi frequency band, wherein the electronic device operates at a short-term stage;
([Zhang, Fig. 9, Steps 902 and 908-910, ¶72 (power up and connect to WLAN) and also see ¶44-¶45 (WLAN being a wireless local area network.) and ¶28 (RATs operate on one or more frequencies, wherein a frequency may be referred to as a frequency channel or subband)] The UE may power up in area coverage area and connect to a Wireless Local Area Network (WLAN) access point (interpreted as the Wi-Fi base station). The WLAN is based on IEEE 802.11 standards, wherein the UE uses its WLAN modem to wirelessly communicate via a WLAN air interface/frequency band and connection with an WLAN access point using a WLAN radio access technology (RAT); wherein the data may be later routed between the UE and the core network through the WLAN access point. This supports the Examiner interpretation of the access point being the Wi-Fi base station. The UE is interpreted as operating on a short-term stage for the duration of Steps 908-910 as it must progress to the other subsequent processes beyond step 910)
a process of connecting the electronic device to a mobile base station through a radio frequency band;
([Zhang, Fig. 9, Steps 904-906 ¶43 and ¶72 (UE also includes a cellular modem and may communicate with a radio access network (RAN) base station (BS) of a wireless wide area network (WWAN)) over a cellular radio frequency band])
But it does not teach determining whether the radio frequency band is a specific radio frequency band.
However, Rah teaches a process of determining whether the radio frequency band is a specific radio frequency band;
(Rah in Fig. 3C, Step 342 teaches determining whether the cellular radio frequency band is a specific radio frequency band)
a process of, if the radio frequency band is determined to be the specific radio frequency band, selecting a second Wi-Fi frequency band wherein the electronic device can use the second Wi-Fi frequency and the radio frequency band, based on a preset table, without causing conflicts; and
(Rah in Fig. 3C, Step 342 discloses that if the cellular radio frequency band is determined to be the specific radio band as noted by the “Yes” branch extending from the decision steps 342 and 344 to process step 346, then a second Wi-Fi frequency band is selected, wherein the device can use the second Wi-Fi frequency and the cellular radio frequency band, based on a pre-characterized lookup table (interpreted as the claimed preset table) without causing conflict as this Wi-Fi radio frequency band is safe for operating along with the active cellular radio frequency band.)
a process of connecting the electronic device to the Wi-Fi base station via the second Wi-Fi frequency band and enabling the electronic device to operate from the short-term stage to a long-term stage.
([Rah, Fig. 3C, ¶12-¶13] Rah teaches in Fig. 3C that the UE may experience a connection change in the cellular or Wi-Fi channels in the short-term and begin a coexistence operation. The coexistence operation strives to enable the UE to concurrently connect to both the cellular network and the Wi-Fi network; wherein based on a determination process that ensures that these concurrent cellular and Wi-Fi connections allow for safe operation without causing interference between their respective operating bands, the UE is enables maintain both the cellular and Wi-Fi connections. Thus, the UE is enabled to maintain Cellular and Wi-Fi coexistence by operating from a short-term stage to a long-term stage since there is no conflict for such an extension of time for the UE’s dual connection and communication operation.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, indicating a method and device to perform network communication using concurrent cellular and Wi-Fi connections for multi-RAT coexistence, with the teachings of Rah, indicating that the specific bands may be identified and handled in a manner that reduces interference while allowing for concurrent Cellular and Wi-Fi connections for communication with the network. The resulting benefit would have been the ability to identify specific cellular bands that overlap with Wi-Fi bands at the UE so that the UE may autonomously perform mitigation steps while maintaining multi-RAT connectivity for increased coverage and communication reliability.
Claim(s) 2-5, 7-10 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, in view of Rah as applied to claims 1, 6 and 11 respectively above, and further in view of Varoglu et al. US 2014/0219194 (hereinafter Varoglu).
Regarding claims 2, 7 and 12, the combination of Zhang, in view of Rah teaches the method of claim 1, the device of claim 6 and the non-transitory computer-readable storage medium of claim 11 respectively, further comprising: if the radio frequency band is not the specific radio frequency band [Zhang, Fig. 3C Decision Step 342 (No-Branch wherein the current cellular band is not the specific cellular band)], but it does not teach the step of determining whether the electronic device is connected to the Wi-Fi base station at an optimum Wi-Fi connection strength of the first Wi-Fi frequency band.
However, Varo teaches determining whether the electronic device is connected to the Wi-Fi base station at an optimum Wi-Fi connection strength of the first Wi-Fi frequency band. ([Varo, Fig. 9, ¶57-¶59] The master device 902 may maintain simultaneous Wi-Fi radio connections (2.4 GHz and 5GHz) to a Wi-Fi enabled Tx/Rx extension of the Wi-Fi access point (104/904 which is interpreted as part of the Wi-Fi base station) and based on the comparison of received signal strength indicators (RSSI) to a threshold (interpreted as the threshold value for optimum strength) the determination is made if the master device 902 is connected to the optimum Wi-Fi frequency band which offers a better user experience).
It would have been obvious to ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, in view of Rah, teaching a method and device to perform multi-RAT coexistence and network communication over concurrent cellular radio frequency and Wi-Fi communication link that are selected based on whether or not the radio frequency band is a specific radio frequency band, with the teachings of Varo indicating the determining of whether the electronic device is connected to the Wi-Fi base station at an optimum Wi-Fi connection strength of the first Wi-Fi frequency band. The resulting benefit of the combination would have been the ability to identify which bands promote the best user experienced performance currently available.
Regarding claims 3, 8 and 13, the combination of Zhang, in view of Rah and Varo teaches the method of claim 2, the device of claim 7 and the non-transitory computer-readable storage medium of claim 12 respectively, further comprising: if the electronic device is not connected to the Wi-Fi base station at the optimum Wi-Fi connection strength of the first Wi-Fi frequency band, selecting and switching to a third Wi-Fi frequency band, and connecting the electronic device to the Wi-Fi base station via the third Wi-Fi frequency band, and enabling the electronic device to operate from the short-term stage to the long-term stage. ([Varo, Figs. 1, 5, 9, ¶57-¶59 and also see ¶27 and ¶38 (long-term stage connection to optimum third Wi-Fi band)] The master device 902 may maintain simultaneous Wi-Fi radio connections (2.4 GHz and 5GHz) to a Wi-Fi enabled Tx/Rx extension of the Wi-Fi access point (104/904 which is interpreted as part of the Wi-Fi base station) and based on the comparison of received signal strength indicators (RSSI) to a threshold (interpreted as the threshold value for optimum Wi-Fi connection strength) the determination is made if the master device 902 is connected to the optimum Wi-Fi frequency band which offers a better user experience. If the master device is not connected to the access point via the optimum Wi-Fi frequency band and the master device has determined that another frequency band is the optimum Wi-Fi frequency band, then the master device connects to the access point via the determined optimum Wi-Fi frequency band to enable future communication with access point for the foreseeable future while operating at the longer range of 110/510 and while transitioning between different regions 508/510 keeping this connection 302 to the optimum Wi-Fi frequency band for future communication, interpreted operating from the short-term stage (using 304 (link using first Wi-Fi radio band) @ region 508 only) to as the long-term stage (keeping and using link 302 operating on the third Wi-Fi radio band while transitioning between regions 508 and 510 which covers a longer stage)).
It would have been obvious to ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, in view of Rah, teaching a method and device to perform multi-RAT coexistence and network communication over concurrent cellular radio frequency and Wi-Fi communication link that are selected based on whether or not the radio frequency band is a specific radio frequency band, with the teachings of Varo indicating the determining of whether the electronic device is connected to the Wi-Fi base station at an optimum Wi-Fi connection strength of the first Wi-Fi frequency band and selecting and switching to the third Wi-Fi band to enable the device to operate from the short-term stage to the long-term stage . The resulting benefit of the combination would have been the ability to identify which bands promote the best user experienced performance currently available and maintain that third band for long-term stage.
Regarding claims 4, 9 and 14, the combination of Zhang, in view Rah and Varo teaches the method of claim 3, the device of claim 8 and the non-transitory computer-readable storage medium of claim 13 respectively, further comprising: if the electronic device is connected to the Wi-Fi base station at the optimum Wi-Fi connection strength of the first Wi-Fi frequency band, enabling the electronic device to operate from the short-term stage to the long-term stage. ([Varo, Figs. 1, 5, 9, ¶57-¶59 and also see ¶27 and ¶38 (long-term stage connection to optimum third Wi-Fi band)] The master device 902 may maintain simultaneous Wi-Fi radio connections (2.4 GHz and 5GHz) to a Wi-Fi enabled Tx/Rx extension of the Wi-Fi access point (104/904 which is interpreted as part of the Wi-Fi base station) and based on the comparison of received signal strength indicators (RSSI) to a threshold (interpreted as the threshold value for optimum Wi-Fi connection strength) the determination is made if the master device 902 is connected to the optimum Wi-Fi frequency band which offers a better user experience. If the master device is connected to the access point via the determined optimum Wi-Fi frequency band to enable future communication with access point for the foreseeable future while operating at the longer range of 110/510 and while transitioning between different regions 508/510 keeping this connection 302 to the optimum Wi-Fi frequency band for future communication, interpreted operating from the short-term stage (using 304 (link using first Wi-Fi radio band) @ region 508 only) to as the long-term stage (keeping and using link 302 operating on the third Wi-Fi radio band while transitioning between regions 508 and 510 which covers a longer stage)).
It would have been obvious to ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, in view of Rah, teaching a method and device to perform multi-RAT coexistence and network communication over concurrent cellular radio frequency and Wi-Fi communication link that are selected based on whether or not the radio frequency band is a specific radio frequency band, with the teachings of Varo indicating the determining of whether the electronic device is connected to the Wi-Fi base station at an optimum Wi-Fi connection strength to enable the device to operate from the short-term stage to the long-term stage . The resulting benefit of the combination would have been the ability to identify which bands promote the best user experienced performance currently available and maintain that third band for long-term stage.
Regarding claims 5, 10 and 15, the combination of Zhang, in view Rah and Varo teaches the method of claim 4, the device of claim 9 and the non-transitory computer-readable storage medium of claim 14 respectively, further comprising: in the long-term stage, monitoring a current connection state of the electronic device; when the current connection state changes, triggering a base station reselection operation and enabling the electronic device to return to the short-term stage to re-execute the Wi-Fi connection operations and the radio connection operations.
([Rah, Fig. 3A-3C, ¶63] In the long-term stage of Rah following the stage 340 of Fig. 3C when no conflict for an extended time for the UE’s connection and communication has been experienced, the UE performs monitoring of current connection state (Process Branch “From Fig. 3C” to process 312 of Fig. 3A) such that when the current connection state changes (shown as the “Yes” branch from process 312 of a change in cellular or Wi-Fi channel/band/bandwidth/power has been detected), triggering a base station reselection operation and enabling the UE to return to the short-term stage where re-execution of the Wi-Fi connection operations and radio connection operations are performed as noted by the flowchart processes that 316-346 of Figs 3A-3C of Rah)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, in view of Varo indicating a method and device to perform network communication using concurrent cellular and Wi-Fi connections for multi-RAT coexistence, with the teachings of Rah, indicating that the current connections states may be monitored so that specific bands may be identified and handled in a manner that reduces interference while allowing for concurrent Cellular and Wi-Fi connections for communication with the network. The resulting benefit would have been the ability to identify specific cellular bands that overlap with Wi-Fi bands at the UE so that the UE may autonomously perform mitigation steps while maintaining multi-RAT connectivity for increased coverage and communication reliability.
Response to Arguments
Applicant's arguments filed 7/21/2025 have been fully considered but they are not persuasive.
The Applicant argues, “Zhang and Rah fail to teach ‘determining whether the radio frequency band is a specific radio frequency band; …’emphasis added, as recited in claim 1…
Rah recites:
‘In process 340 in FIG. 3C, a check performed (similar to the process shown in Fig. 2D regarding whether cellular Band 46 (LAA) and 5GHz W-Fi band are requested to be concurrently active within the same operating band by the respective networks (342). In such a situation, if the Wi-Fi user selection indicates that the Wi-Fi modem can operate in any band (344), the Wi-Fi modem is instructed to select 2.4 GHz Wi-Fi band operation (346) to avoid concurrent operation with cellular LAA within the same operating band…
It can be seen that Rah only teaches ‘see step 342, whether cellular Band 46 (LAA) and 5 GHz Wi-Fi band are requested to be concurrently active within the same operating band by the respective networks’. Rah fails to teach or suggest ‘ determining whether the radio frequency band is a specific radio frequency band’ as recited in claim 1.”
The Examiner disagrees with the Applicant’s perspective. The Examiner’s position is that the determination of whether Band 46 (LAA) is an active band is a determination that is understood as or is expressed as a determination of whether an active band is a specific radio frequency band, wherein the specific band is Band 46 (LAA). The Examiner also notes that this determination must be performed by disclosure Rah in the compound determination of steps 240 and 342 which determines whether two specific bands are active, wherein the two specific radio frequency bands are recited as being Band 46 (LAA) and Wi-Fi 5GHz band. In other words, the determination of steps 240 and 342 (shown below for ease of reference) are a combination of to different determinations that must be performed to fully execute the decision diamond. It is noted that a decision diamond is a common symbol in a flow chart which depicts a conditional operation that determines which of two paths a will be taken in the flow chart. The operation is commonly a yes/no question or a true/false test. In this particular situation Rah shows a decision diamond which performs a dual evaluation using two different yes/no tests which must be performed in order to complete the performing of decision diamond operation to achieve a result to progress onward through the flow chart via a “yes” branch or other branch. This dual evaluation comprises the 1st true/false test evaluating whether the specific radio frequency band, which is shown as band 46 (LAA), is active and the 2nd true/false test evaluating whether a specific radio frequency band, which is shown as 5 GHz Wi-Fi band, is active. Thus the “yes” branch results from the condition of decision diamond determination of if both the 1st and 2nd true/false tests are determined to be true, meaning that active radio frequency bands are determined to be the specific radio frequency bands Band 46 (LAA) being the 1st specific radio frequency band and also the 5 GHz Wi-Fi band being the 2nd specific radio frequency band.
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The Applicant argues, “Further, Rah teaches "see steps 342-348, if the Wi-Fi user selection is any band or 5 GHz Wi- Fi band only, the Wi-Fi modem is instructed to select 2.4 GHz Wi-Fi band operation or the cellular modem is requested to send a low CQI metric for Band 46 (LAA) to the cellular base station". Relatively, a second Wi-Fi frequency band without causing conflicts is selected based on a preset table if the radio frequency band is determined to be the specific radio frequency band, which is not taught by Zhang and Rah. Therefore, for at least the above reasons, a combination of Zhang, Rah and Varoglu would fail to disclose, teach or suggest the above highlighted features, and Claim 1 is unobvious and patentable over Zhang, Rah and Varoglu.
The Examiner disagrees, the step 344 may be bypassed (omitted) as this step is concerned with allowing the device to force the cellular band to be reselected by the base station. In applications where the design choice is to not overload or burden the cellular network base station with reselection operations and instead focus solely on the Wi-Fi channel selection because the User is not intending on prohibiting the use/selection of the commonly available legacy 2.4 GHz band as well as the 5 GHz band, then step 344 may be bypassed allowing for the step 346 to be executed to select a 2.4 GHz band based on the active cellular band (referred to as the specific radio frequency band) being determined to be Band 46.
Omissions of steps (such as bypassing step 344) that are non-essential are an obvious variation or change that could be performed based on design choice to increase simplicity and robustness of the design and reduce burden on licensed components and network elements.
The Applicant argues, “Claims 2-5 dependent, directly dependent from Claim 1, recites additional features, claims 7- 10 dependent, directly dependent from Claim 6, recites additional features, and claims 12-15 dependent, directly dependent from Claim 11, recites additional features should also be allowable.”
The Examiner disagrees, claims 2-15 are not allowable for the reasons expressed by the Examiner above.
Examiner Note
As a matter of observation on the part of the Examiner and in effort to expedite prosecution, it is noted by the Examiner that the instant application and the Rah reference (previously applied prior art of record) are both concerned with avoiding connection conflict encountered by occupying the same radio frequency bands when utilizing a radio frequency for communication and therefore considers avoiding Wi-Fi bands that would be in conflict with radio frequency bands N79 or Band 46 (B46). The Examiner notes that the general nature of Claims of the Instant Application is slightly too broad in view of the previously applied prior art but the Claims could be amended to overcome the previously Applied Prior Art by incorporating the step of “specific radio frequency band is determined to be N79”.
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 LONNIE V SWEET whose telephone number is (571)270-3622. The examiner can normally be reached Monday-Friday.
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/LONNIE V SWEET/Primary Examiner, Art Unit 2467