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
Applicant’s amendment filed on 12/15/2025 has been entered. Claims 1 and 14 have been amended. No Claim has been canceled in this amendment. No New Claim has been added in this amendment. Claims 1-10 and 14-20 are pending in this application, with claims 1 and 14 being independent.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 15, 2025 has been entered.
Response to Arguments
Applicant's arguments with respect to rejection of Claims 1-10 and 14-20 under 35 U.S.C. §103 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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 1-10 and 14-20 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 pre-AIA the applicant regards as the invention. The claims are not clearly written to define metes and bounds of the claimed invention.
In claims 1 and 14, a relationship between allocated RU and the second STA is not established clearly in the claimed invention. This makes the claimed invention unclear such as how a first MLD knows that the allocated RU is for the second STA to use for any type of communication.
Claims 2-10 are rejected based upon claim dependency to independent claim 1.
Claims 15-20 are rejected based upon claim dependency to independent claim 14.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1,5,8-9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2024/0334482 Al, hereinafter referred to as “Kim”) in view of Kim et al. (US 2023/0103810 Al, hereinafter referred to as “Kim-3810”).
Regarding claims 1 and 14, Kim discloses a method and an apparatus (Kim Fig.3 Para[0061] A MLD), comprising: enabling, by a first multi-link device (MLD) (Kim Fig.3 Para[0061] A Non-AP MLD), an enhanced multi-link operation mode (Kim Fig.3 Para[0111] The MLD in multi-link operation mode); receiving, by a first station (STA) affiliated with the first MLD, from a second MLD (Kim Fig.3 Para[0061] An AP MLD) and in a first operating channel of the first STA an initial control frame (Kim Fig.8 Para[0112-113] The AP MLD sends BSRP TF (i.e. control frame) to the STA on Link 1) indicating an allocated resource unit (RU) (Kim Fig.8 Para[0112-113,0116] The BSRP TF contains AID (i.e. resource allocation)); responsive to receiving the initial control frame that indicates the allocated RU, switching, by a second STA affiliated with the first MLD, from a second operating channel of the second STA to an allocated channel in which the allocated RU is located (Kim Fig.8 Para[0112-116] The STA moves to link 2 after receiving BSRP TF with AID); and receiving, by the second STA, information from the second MLD on the allocated RU during a transmission opportunity (TXOP) (Kim Fig.8 Para[0112-116] The STA moves to link 2 after receiving M-BA UL TF (i.e. information) which includes uplink resource allocation).
Kim does not explicitly disclose wherein the allocated RU is outside a current operating bandwidth of the second STA and is within an operating bandwidth of the second MLD.
However, Kim-3810 from the same field of invention discloses wherein the allocated RU is outside a current operating bandwidth of the second STA and is within an operating bandwidth of the second MLD (Kim-3810 Fig.25-26 Para[0308-309,0320-323] The STA2 moves to AP3 from AP2 on a different link (i.e. bandwidth). See Fig.24 for multiple links in a same band but set at different bandwidths Para[0174-182]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim to have the feature of “wherein the allocated RU is outside a current operating bandwidth of the second STA and is within an operating bandwidth of the second MLD” as taught by Kim-3810. The motivation would have been to increase bandwidth usage efficiency (Kim-3810 Para[0008]).
Specifically for claim 14, Kim discloses the apparatus that includes a transceiver (Kim Fig.2 Para[0057] A Transceiver) and a processor (Kim Fig.2 Para[0057] A processor).
Regarding claim 5, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim further discloses wherein the first operating channel of the first STA comprises a first primary channel on a first link of a plurality of links, and wherein the second operating channel of the second STA comprises a second primary channel on a second link of a plurality of links different than the first link (Kim Fig.3 Para[0064-65] The link (i.e. operating channel) for each STA on a different band).
Regarding claim 8, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim further discloses wherein the initial control frame comprises a buffer status report poll (BSRP) trigger frame (Kim Para[0112] The BSRP TF is initial control frame).
Regarding claim 9, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim further discloses wherein the first operating channel comprises a first 160-MHz subband on a first link of a plurality of links, and wherein the second operating channel comprises a second 160-MHz subband on the first link or a second link of the plurality of links (Kim Para[0064-65] The 160Mhz bandwidth is used in a band).
Claims 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim-3810 and further in view of CHU et al. (US 2020/0077404 Al, hereinafter referred to as “Chu”).
Regarding claims 2 and 15, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 does not explicitly disclose wherein the receiving of the information comprises receiving a multi-user (MU) physical-layer protocol data unit (PPDU) after expiry of a radio switching delay time of a subband operation.
However, Chu from a similar field of invention discloses wherein the receiving of the information comprises receiving a multi-user (MU) physical-layer protocol data unit (PPDU) after expiry of a radio switching delay time of a subband operation (Chu Para[0045] The DL MU-PPDU is received after SIFS (i.e. switching delay), see Kim Fig.8 Para[0112-116] The M-BA UL TF (i.e. information)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “wherein the receiving of the information comprises receiving a multi-user (MU) physical-layer protocol data unit (PPDU) after expiry of a radio switching delay time of a subband operation” as taught by Chu. The motivation would have been to decrease interference during concurrent transmission (Chu Para[0017]).
Claims 3-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim-3810 and further in view of KIM et al. (US 2023/0345349 Al, hereinafter referred to as “Kim-5349”).
Regarding claim 3, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 does not explicitly disclose wherein the allocated channel is different from the first operating channel of the first STA.
However, Kim-5349 from a similar field of invention discloses wherein the allocated channel is different from the first operating channel of the first STA (Kim-5349 Fig.25 Para[0340,0346] A link switching of a STA to another link).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “wherein the allocated channel is different from the first operating channel of the first STA” as taught by Kim-5349. The motivation would have been to reduce frame exchange overhead (Kim-5349 Para[0008]).
Regarding claim 4, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 does not explicitly disclose wherein the allocated channel is the first operating channel of the first STA.
However, Kim-5349 from a similar field of invention discloses wherein the allocated channel is the first operating channel of the first STA (Kim-5349 Fig.22,25 Para[0322,0340,0346] A link switching of a STA to another link which is on the same bandwidth).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “wherein the allocated channel is the first operating channel of the first STA” as taught by Kim-5349. The motivation would have been to reduce frame exchange overhead (Kim-5349 Para[0008]).
Regarding claim 7, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 does not explicitly disclose wherein the first operating channel of the first STA comprises a first primary channel on a first link of a plurality of links, and wherein the second operating channel of the second STA comprises a first secondary channel on the first link.
However, Kim-5349 from a similar field of invention discloses wherein the first operating channel of the first STA comprises a first primary channel on a first link of a plurality of links, and wherein the second operating channel of the second STA comprises a first secondary channel on the first link (Kim-5349 Para[0480[ The Anchored and non-anchored links are used by the Non-AP MLD).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “wherein the first operating channel of the first STA comprises a first primary channel on a first link of a plurality of links, and wherein the second operating channel of the second STA comprises a first secondary channel on the first link” as taught by Kim-5349. The motivation would have been to reduce frame exchange overhead (Kim-5349 Para[0008]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim-3810 and further in view of KIM et al. (US 2024/0137979 Al, hereinafter referred to as “Kim-7979”).
Regarding claim 6, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 does not explicitly disclose wherein the allocated channel comprises a first secondary channel on the first link.
However, Kim-7979 from a similar field of invention discloses wherein the allocated channel comprises a first secondary channel on the first link (Kim-7979 Para[0347-348] A channel switching to non-primary (i.e. secondary) link is performed).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “wherein the allocated channel comprises a first secondary channel on the first link” as taught by Kim-7979. The motivation would have been to provide efficient channel switching (Kim-7979 Para[0008]).
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim-3810 and further in view of KIM et al. (US 2023/0379999 Al, hereinafter referred to as “Kim-9999”).
Regarding claims 10 and 17, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 does not explicitly disclose receiving, by the first STA, a first data unit from the second MLD on the first operating channel during the TXOP, wherein the receiving of the information by the second STA comprises receiving a second data unit from the second MLD on the allocated channel during the TXOP.
However, Kim-9999 from a similar field of invention discloses receiving, by the first STA, a first data unit from the second MLD on the first operating channel during the TXOP, wherein the receiving of the information by the second STA comprises receiving a second data unit from the second MLD on the allocated channel during the TXOP (Kim-9999 Fig.22 Para[0235] The STAs receive data simultaneously during channel access (i.e. TXOP)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “receiving, by the first STA, a first data unit from the second MLD on the first operating channel during the TXOP, wherein the receiving of the information by the second STA comprises receiving a second data unit from the second MLD on the allocated channel during the TXOP” as taught by Kim-9999. The motivation would have been to increase throughput using multiple links (Kim-9999 Para[0007]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim-3810 and further in view of Kim-7979.
Regarding claim 16, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim further discloses wherein the first operating channel of the first STA comprises a first primary channel on a first link of a plurality of links, and wherein the second operating channel of the second STA comprises a second primary channel on a second link of a plurality of links different than the first link (Kim Fig.3 Para[0064-65] The link (i.e. operating channel) for each STA on a different band). Kim in view of Kim-3810 does not explicitly disclose wherein the allocated channel comprises a first secondary channel on the first link.
However, Kim-7979 from a similar field of invention discloses wherein the allocated channel comprises a first secondary channel on the first link (Kim-7979 Para[0347-348] A channel switching to non-primary (i.e. secondary) link is performed).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “wherein the allocated channel comprises a first secondary channel on the first link” as taught by Kim-7979. The motivation would have been to provide efficient channel switching (Kim-7979 Para[0008]).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim-3810 and further in view of HIRATA et al. (US 2024/0276405 Al, hereinafter referred to as “Hirata”).
Regarding claim 18, Kim in view of Kim-3810 discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 does not explicitly disclose wherein, responsive to the EMLMR mode being enabled, the processor is further configured to perform operations comprising: receiving, as the first STA, from the second MLD and in the first operating channel of the first STA a first initial control frame indicating a first allocated RU; receiving, as the second STA, from the second MLD and in the second operating channel of the second STA a second initial control frame indicating a second allocated RU; communicating, as the first STA, with the second MLD including receiving a first multi-user (MU) physical-layer protocol data unit (PPDU) via the first allocated RU; and communicating, as the second STA, with the second MLD including receiving a second MU PPDU via the second allocated RU, wherein a Secondary RU Allocation subfield in a first User Info field in the first initial control frame indicates the first allocated RU which is located within the first operating channel, and wherein another Secondary RU Allocation subfield in a second User Info field in the second initial control frame indicates the second allocated RU which is located within the second operating channel.
However, Hirata from a similar field of invention discloses wherein, responsive to the EMLMR mode (Hirata Fig.5) being enabled, the processor is further configured to perform operations comprising: receiving, as the first STA, from the second MLD and in the first operating channel of the first STA a first initial control frame indicating a first allocated RU (Hirata Fig.5 Para[0130-134] Trigger 1); receiving, as the second STA, from the second MLD and in the second operating channel of the second STA a second initial control frame indicating a second allocated RU (Hirata Fig.5 Para[0130-134] Trigger 2); communicating, as the first STA, with the second MLD including receiving a first multi-user (MU) physical-layer protocol data unit (PPDU) via the first allocated RU (Hirata Fig.5 Para[0130-134]Receiving TB-PPDU on Link 1); and communicating, as the second STA, with the second MLD including receiving a second MU PPDU via the second allocated RU (Hirata Fig.5 Para[0130-134] Receiving TB-PPDU on Link 1), wherein a Secondary RU Allocation subfield in a first User Info field in the first initial control frame indicates the first allocated RU which is located within the first operating channel (Hirata Fig.4,5 Para[0122-123] A subfield with RU information), and wherein another Secondary RU Allocation subfield in a second User Info field in the second initial control frame indicates the second allocated RU which is located within the second operating channel (Hirata Fig.4,5 Para[0122-123] A subfield with RU information).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim and Kim-3810 to have the feature of “wherein, responsive to the EMLMR mode being enabled, the processor is further configured to perform operations comprising: receiving, as the first STA, from the second MLD and in the first operating channel of the first STA a first initial control frame indicating a first allocated RU; receiving, as the second STA, from the second MLD and in the second operating channel of the second STA a second initial control frame indicating a second allocated RU; communicating, as the first STA, with the second MLD including receiving a first multi-user (MU) physical-layer protocol data unit (PPDU) via the first allocated RU; and communicating, as the second STA, with the second MLD including receiving a second MU PPDU via the second allocated RU, wherein a Secondary RU Allocation subfield in a first User Info field in the first initial control frame indicates the first allocated RU which is located within the first operating channel, and wherein another Secondary RU Allocation subfield in a second User Info field in the second initial control frame indicates the second allocated RU which is located within the second operating channel” as taught by Hirata. The motivation would have been to align transmission time end of the trigger frame for efficient multiplexing (Hirata Para[0011]).
Regarding claim 19, Kim in view of Kim-3810 and Hirata discloses the method and the apparatus as explained above for Claim 1. Kim further discloses wherein the first operating channel comprises a primary 160-MHz subband on a first link of a plurality of links, and wherein the second operating channel comprises a secondary 160-MHz subband on the first link (Kim Para[0064-65] The 160Mhz bandwidth is used in a band).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim-3810, Hirata and further in view of TAKADA (US 2024/0244692 Al, hereinafter referred to as “Takada”).
Regarding claim 20, Kim in view of Kim-3810 and Hirata discloses the method and the apparatus as explained above for Claim 1. Kim in view of Kim-3810 and Hirata does not explicitly disclose wherein the communicating, as the first STA and the second STA, with the second MLD comprises receiving the first MU PPDU and the second MU PPDU simultaneously via a plurality of spatial streams up to a supported number of spatial streams declared by the first MLD when the EMLMR mode is enabled or at a time of association between the first MLD and the second MLD.
However, Takada from a similar field of invention discloses wherein the communicating, as the first STA and the second STA, with the second MLD comprises receiving the first MU PPDU and the second MU PPDU simultaneously via a plurality of spatial streams up to a supported number of spatial streams declared by the first MLD when the EMLMR mode is enabled or at a time of association between the first MLD and the second MLD (Takada Para[0057] The spatial streams for EMLMR operation to communicate PPDU).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim, Kim-3810 and Hirata to have the feature of “wherein the communicating, as the first STA and the second STA, with the second MLD comprises receiving the first MU PPDU and the second MU PPDU simultaneously via a plurality of spatial streams up to a supported number of spatial streams declared by the first MLD when the EMLMR mode is enabled or at a time of association between the first MLD and the second MLD” as taught by Takada. The motivation would have been to provide control operations in the EMLMR mode (Takada Para[0008]).
Although specific columns, figures, reference numerals, lines of the reference(s), etc. have been referred to, Applicant should consider the entire applied prior art reference(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sudesh M. Patidar whose telephone number is (571)272-2768. The examiner can normally be reached M-F:: 10AM-6:30PM ET.
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/Sudesh M. Patidar/Primary Examiner, Art Unit 2415