DETAILED ACTION
Response to Amendment
Applicant's arguments filed 12/10/25 have been fully considered but they are not persuasive.
Applicant argues in Applicant Specification 0129 modifies computer-readable media claims with adjective non-transitory. The Examiner respectfully disagrees. Applicant Specification paragraph 013 discloses the software readable storage such as CD-ROMs, removable storage devices is not eligible for patent protection and therefore is directed to non-statutory subject matter.
Applicant argues the Examiner confusing the terms “network parameters” with “network identifier”. In view of Applicant par.067 describes network identifier, BSS color parameters, the network parameters may comprise one or more of BSSID. Patwardan discloses access points labeled AP1 to AP9, each of the access points has an assigned channel and an assigned BSS color (col. 7 lines 24-26), Changlani covers Patwardan’s deficiencies to disclose BSSID that include parameters such as BSS colors (par.027).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 30 rejected under 35 U.S.C. 101 because non-transitory computer-readable media, however, the specification is silent as to what non-transitory computer-readable media. Computer-readable storage medium is mentioned in several paragraphs of the specification, because a claim that covers both statutory and non-statutory embodiments (under the broadest reasonable interpretation of the claim when read in light of the specification, which is silent in this case, and in view of one skilled in the art) embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter.
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.
Claims 1-7 and 23-36 are rejected under 35 U.S.C. 103 as being unpatentable over Patwardan (US Patent 10827513) in view of Changlani (US Pub. 2022/0408480).
Regarding claim 1, Patwardan discloses a method comprising:
the first network and the second network communicate on a same channel (col.7 lines 55-59);
determining, based on the first network identifier and the second network identifier, one or more channel parameters (col.5 lines 27-31);
determining, based on the one or more channel parameters, an alternative channel (col.5 lines 40-42); and
causing one or more communication devices of the first network to communicate via the alternative channel (col.6 lines 40-50, col.8 lines 21-41).
Patwardan discloses determining, by a network management device (col.4 lines 5-29), a first network label AP1 associated with a first network and a second network label AP2 associated with a second network (col.7 lines 24-31). However, Patwardan fails to disclose network identifier. Changlani discloses network identifier (par.027 “BSSID”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Patwardan with the above teaching of Changlani in order to provide recognition data packet belongs to BSSID.
The modified Patwardan discloses sending one or more notifications (Patwardan, col.3 lines 7-19, “assignments” reads on “notifications).
Regarding claims 2, 24 and 31, the modified Patwardan discloses a portion of the one or more communication devices of the first network are not configured for spatial reuse transmission (Patwardan, col.8 lines 36-37).
Regarding claims 3, 25 and 32, the modified Patwardan discloses determining, by the network management device, the first network identifier associated with the first network and the second network identifier associated with the second network further comprises determining one or more network parameters (Patwradan, col.3 lines 60-64).
Regarding claims 4, 26 and 33, the modified Patwardan discloses the first network identifier comprises a first Basic Service Set (BSS) color parameter and wherein the second network identifier comprises a second BSS color parameter (Patwradan, col.3 lines 60-64), the method further comprising determining that the first BSS color parameter and the second BSS color parameter are overlapping basic service sets (OBSS) (Changlani, par.013).
Regarding claims 5, 27 and 34, the modified Patwardan discloses determining the one or more channel parameters comprises determining one or more of a channel utilization measurement (Patwardan, col.1 lines 25-45), a number of networks operating on a channel, a number of unique BSS colors used on a channel, or a signal strength(s) of a network(s) operating on a channel (consideration is optional).
Regarding claims 6, 28 and 35, the modified Patwardan discloses based on the one or more channel parameters, the alternative channel comprises:
determining a channel score for each channel of a plurality of available channels; and determining a channel of the plurality of available channels associated with a highest channel score as the alternative channel (Patwardan, col.7 lines 64-65).
Regarding claims 7, 29 and 36, the modified Patwardan discloses determining, based on the one or more channel parameters, the alternative channel comprises:
determining a channel score for each channel of a plurality of available channels; and determining a channel of the plurality of available channels associated with a highest channel score (Patwardan, col.7 lines 64-65) and a highest number of unique network identifiers as the alternative channel (Patwardan, col.7 lines 64 through col.8 line 5).
Regarding claim 23, the modified Patwardan discloses everything as claim 1 above. More specifically, the modified Patwardan discloses one or more processors; and a memory storing processor-executable instructions (Patwardan, col.4 lines 65 through col.5 lines 5).
Regarding claim 30, the modified Patwardan discloses everything as claim 1 above. More specifically, the modified Patwardan discloses one or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor (Patwardan, col.6 lines 52-59).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Tu Nguyen whose telephone number is (571)272-7883. The examiner can normally be reached on 8AM-5PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Rafael Perez-Gutierrez can be reached on 571-272-791515. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300 or mailed to:
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/TU X NGUYEN/ Primary Examiner, Art Unit 2642
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