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 Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but 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.
Examiner’s Note:The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. "The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275,277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP 2123). Therefore, Applicant, in preparing the response, must fully consider the entire disclosure of the cited references as potentially teaching all or part of the claimed invention, including the context of the cited passages as taught by the prior art disclosed by the Examiner.
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) 1-7, 10-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cave et al (20050153667) in view of IEEE standard (XР068050297) {cited by Applicant}.
Regarding claim 1, Cave et al discloses, a device (abstract, fig. 1B, AP, ¶ 0005), comprising:
circuitry configured to provide a disassociation frame or a deauthentication frame on a first primary control channel (¶ 0037, 0039, the AP first sends a Disassociation message to each associated station, fig. 1B, 126) in response to an indication of a change from the first primary control channel to a second primary control channel (¶ 0005, fig. 1B, steps 120-124).
Cave et al does not specifically disclose to provide another disassociation frame or deauthentication frame on the first primary control channel, the second primary control channel or a secondary channel in response receiving a data frame on the first control primary channel, the second primary control channel or the secondary channel from another device.
In the same field of endeavor, IEEE standard discloses, to provide another disassociation frame or deauthentication frame on the first primary control channel, the second primary control channel or a secondary channel in response receiving a data frame on the first control primary channel, the second primary control channel or the secondary channel from another device (wireless local area networks (WLANs) and discloses in Section 11.3 that a STA keeps a state variable for each STA with which direct communication is needed (Cave discloses, the STAs will be in state 2 after sending the disassociation message (authenticated but unassociated). IEEE standard discloses to send a disassociation frame in this state if a class 3 data frame is receive Section 11.3, page 497: "If STA A receives a Class 3 frame with a unicast address in the Address 1 field from STA B that is authenticated but not associated with STA A, STA A shall disallow the received Class 3 frame and send a disassociation frame to STA B". Thus, providing another disassociation frame in response to receiving a data frame from one of the disassociated STAs would be an implementation that the skilled person would choose by using the common general knowledge in the field of WLAN technology frame to STA B"). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Cave by specifically adding feature in order to enhance system performance to improving signaling providing another disassociation frame in response to receiving a data frame from one of the disassociated STAs would be an implementation as taught by IEEE standard.
Regarding claims 2, 18, Cave et al discloses, wherein the another disassociation frame or deauthentication frame is provided as a deauthentication/disassociation frame (¶ 0037, 0039, the AP first sends a Disassociation message to each associated station, fig. 1B, 126, ¶ 0005, fig. 1B, steps 120-124).
Regarding claims 3, 11, IEEE standard discloses, wherein the circuitry is configured to provide the disassociation frame or deauthentication frame according to an 802.11 protocol (send a disassociation frame in this state if a class 3 data frame is receive Section 11.3, page 497: "If STA A receives a Class 3 frame with a unicast address in the Address 1 field from STA B that is authenticated but not associated with STA A, STA A shall disallow the received Class 3 frame and send a disassociation frame to STA B". Thus, providing another disassociation frame in response to receiving a data frame from one of the disassociated STAs would be an implementation that the skilled person would choose by using the common general knowledge in the field of WLAN technology frame to STA B").
Regarding claims 4, 12, Cave et al discloses, wherein the circuitry is configured to provide the another deauthentication frame as a deauthentication/disassociation frame (¶ 0037, 0039, the AP first sends a Disassociation message to each associated station, fig. 1B, 126, ¶ 0005, fig. 1B, steps 120-124).
Regarding claims 5, 15, IEEE standard discloses, wherein the circuitry is configured to provide the disassociation frame or deauthentication frame according to an 802.11e protocol (send a disassociation frame in this state if a class 3 data frame is receive Section 11.3, page 497: "If STA A receives a Class 3 frame with a unicast address in the Address 1 field from STA B that is authenticated but not associated with STA A, STA A shall disallow the received Class 3 frame and send a disassociation frame to STA B". Thus, providing another disassociation frame in response to receiving a data frame from one of the disassociated STAs would be an implementation that the skilled person would choose by using the common general knowledge in the field of WLAN technology frame to STA B").
Regarding claims 6, 13-14, 19-20, IEEE standard discloses, wherein the data frame is provided in a first channel comprising the first primary control channel, the second primary control channel or the secondary channel associated with the data frame ( (send a disassociation frame in this state if a class 3 data frame is receive Section 11.3, page 497: "If STA A receives a Class 3 frame with a unicast address in the Address 1 field from STA B that is authenticated but not associated with STA A, STA A shall disallow the received Class 3 frame and send a disassociation frame to STA B". Thus, providing another disassociation frame in response to receiving a data frame from one of the disassociated STAs would be an implementation that the skilled person would choose by using the common general knowledge in the field of WLAN technology frame to STA B").
Regarding claim 7, IEEE standard discloses, wherein the circuitry is configured to provide an acknowledge frame on one of the first primary control channel, the second primary control channel or the secondary channel in response to the data frame ( fig. 11-7, pg. 497)
Regarding claims 10, 17, Cave et al discloses, device, comprising:
circuitry configured to provide a disassociation frame or a deauthentication frame on a first primary control channel in response to an indication of a change of operation of the device from the first primary control channel to a second primary control channel, wherein the circuitry is: configured to provide another disassociation frame or deauthentication frame on at least one of the first primary control channel, the second primary control channel or a secondary channel in response to a deauthenticated frame or disassociated frame being received on the at least one of the first primary control channel, the second primary control channel or the secondary channel (¶ 0037, 0039, the AP first sends a Disassociation message to each associated station, fig. 1B, 126, ¶ 0005, fig. 1B, steps 120-124).
Cave et al does not specifically disclose to provide another disassociation frame or deauthentication frame on the first primary control channel, the second primary control channel or a secondary channel in response receiving a data frame on the first control primary channel, the second primary control channel or the secondary channel from another device.
In the same field of endeavor, IEEE standard discloses, to provide another disassociation frame or deauthentication frame on the first primary control channel, the second primary control channel or a secondary channel in response receiving a data frame on the first control primary channel, the second primary control channel or the secondary channel from another device (wireless local area networks (WLANs) and discloses in Section 11.3 that a STA keeps a state variable for each STA with which direct communication is needed (Cave discloses, the STAs will be in state 2 after sending the disassociation message (authenticated but unassociated). IEEE standard discloses to send a disassociation frame in this state if a class 3 data frame is receive Section 11.3, page 497: "If STA A receives a Class 3 frame with a unicast address in the Address 1 field from STA B that is authenticated but not associated with STA A, STA A shall disallow the received Class 3 frame and send a disassociation frame to STA B". Thus, providing another disassociation frame in response to receiving a data frame from one of the disassociated STAs would be an implementation that the skilled person would choose by using the common general knowledge in the field of WLAN technology frame to STA B" and "deauthenticated frame or disassocitated frame" is received instead of the "data frame". However, this change in terminology does not
affect the scope of the claim and the same objections as above apply (Art. 56
EPC. Regarding alternative 2) it is repeated that the terms "first primary control channel", "second primary control channel" and "secondary channel" have no well recognized meaning in the art and seem to require proper definition). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Cave by specifically adding feature in order to enhance system performance to improving signaling providing another disassociation frame in response to receiving a data frame from one of the disassociated STAs would be an implementation as taught by IEEE standard.
Regarding claim 17, Cave et al discloses, a method, comprising: providing, by a first device, a disassociation frame or a deauthentication frame on a first primary control channel in response to an indication of a change from the first primary control channel to a second primary control channel; receiving a data frame, by the first device, from a second device on the first primary control channel, the second primary control channel or a secondary channel of a plurality of secondary channels, wherein the first primary control channel, the second primary control channel and the plurality of secondary channels are at least part of a bandwidth channel; and providing, by the first device, another disassociation frame or deauthentication frame on at least one of the first primary control channel, the second primary control channel and the plurality of secondary channels (¶ 0009, 0055-0058, The frame control field 501 indicates the type of frame. Whether the type of frame is a deauthentication frame or a disassociation frame can be indicated by the value of the type subfield or subtype subfield, not illustrated, including in the frame control field 501. Any type of frame may be used as the frame used in step S401. Alternatively, the frame may be newly defined as a frame that indicates link switching when the value of the type sub field is 00 and the value of the subtype subfield is 1111. Furthermore, the frame may be used as an action frame with a type subfield of 00 and a subtype subfield of 1101, and in the frame, an element meaning a channel switch or disconnection of one or more links may be prepared. includes the Multi-Link type subfield 516 and can indicate the change of the connection link by the value being set to 0x4. Alternatively, by setting the value to 0x5, link disconnection may be indicated. The prev link ID subfield 514 indicates the link ID of the link that is the subject of connection suspension or disconnection. The next link ID subfield 515 indicates the link ID of the link of the new connection replacing the disconnected link. For example, when the STA 102 suspends the connection with a link with a link ID of 2 and establishes a new connection with a network constituted by a link with a link ID of 3, the value of the prev link ID subfield 514 is 2 and the value of the next link ID subfield 515 is 3. Also, when the STA 102 only disconnects the connection with a link with a link ID of 2, the value of the next link ID subfield 515 may be 0 or the next link ID subfield 515 may not be assigned.).
Claim(s) 8-9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Cave et al (20050153667) in view of IEEE standard (XР068050297) {cited by Applicant} and HUANG et al (WO 2022081659).
Regarding claims 8-9 and 16, Cave et al and IEEE standard disclose in clam 1 further.
Cave et al does not specifically disclose wherein the data frame is a class 3 frame and data frame is a class 2 frame.
In the same field of endeavor, HUANG et al discloses, wherein the data frame is a class 3 frame and data frame is a class 2 frame (abstract ¶ 0106, 0110-0112, 0127-0128). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Cave et al and IEEE standard by specifically adding feature in order to enhance system performance to the method enables resolving multi-link state machine mismatches and utilizing the resources of a wireless local-area network to provide bandwidth and acceptable response times to the users of the WLAN as taught by HUANG et al.
Conclusion
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/KHAWAR IQBAL/Primary Examiner, Art Unit 2643