DETAILED ACTION
This office action is responsive to communications filed on May 11, 2026. Claims 18 and 24 have been amended. Claim 27 has been canceled. New claim 38 has been added. Claims 18-26 and 28-38 are pending in the application.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 11, 2026 has been entered.
Information Disclosure Statement
The Information Disclosure Statement filed on 5/11/2026 has been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 18 and 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 18 of U.S. Patent No. 11,736,841. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 18 and 24 of the present application are obvious in view of claims 1 and 18 of U.S. Patent No. 11,736,841 in view of Kim et al. (US 10,476,128) and Heissenbuttel et al. (US 2007/0195765).
Present application:
18. A computerized method for providing high speed data services to a computerized client device, the computerized method comprising:
providing indoor wireless coverage inside a premises to the computerized client device via a wireless-enabled premises device backhauled by a hybrid fiber coax (HFC) network; and
supplementing the indoor wireless coverage via one or more external access nodes external to the premises, the one or more external access nodes backhauled by the HFC network and in data communication with the wireless-enabled premises device via an external antenna apparatus.
the one or more external access nodes comprising one or more pole-mounted radio access nodes backhauled by the HFC network, the external antenna apparatus comprising an outdoor antenna coupled to the wireless-enabled premises device
US 11,736,841:
1. A computerized method of operating a radio frequency (RF) network so that extant infrastructure is used to enable intra-network mobility of a client device, the computerized method comprising:
receiving at least a first portion of the transmitted OFDM waveforms via a premises device disposed at a premises;
[18. … the network comprise a hybrid fiber coax (HFC) infrastructure operated by a multiple systems operator (MSO); and the at least one WLAN-compliant user node and the at least one 3GPP-compliant radio node are each backhauled by the HFC infrastructure]
… receiving at least a second portion of the transmitted OFDM waveforms via a radio device external to the premises, the radio device external to the premises in data communication with the premises device; … causing establishment of a radio frequency connection between the client device and the radio device external to the premises to supplement the radio frequency connection between the client device and the premises device for at least a period of time
US 11,736,841 does not recite the one or more external access nodes comprising one or more pole-mounted radio access nodes backhauled by the HFC network, the external antenna apparatus comprising an outdoor antenna coupled to the wireless-enabled premises device. However, Kim teaches that the one or more external access nodes comprise one or more pole-mounted radio access nodes (“FIG. 2 illustrates a BSN device 106 connected to a light pole in a geographic area according to one embodiment” – See Col. 5, lines 6-7; The BSN (one or more external access nodes) is mounted to a pole), wherein the one or more external access nodes are in data communication with the wireless-enabled premises device via an external antenna apparatus (“An antenna of the HAN device 904 points in the direction of a corresponding antenna at the BSN device 906 … The HAN device 904 may be installed at 2 meter height on an exterior of a structure, such as an outside wall of a building” – See Col. 14, lines 53-58; “The HAN device 700 may include a transceiver 714 to create a wired connection 715 between the HAN device 700 and a device (home modem/router 650) located within the structure upon which the HAN device 700 is disposed” – See Col. 13, lines 7-11; See also Fig. 9; The BSN is in data communication with the home router (wireless-enabled premises device) via HAN device (external antenna apparatus)), and
wherein the external antenna apparatus comprises an outdoor antenna coupled to the wireless-enabled premises device (“An antenna of the HAN device 904 points in the direction of a corresponding antenna at the BSN device 906 … The HAN device 904 may be installed at 2 meter height on an exterior of a structure, such as an outside wall of a building” – See Col. 14, lines 53-58; “The HAN device 700 may include a transceiver 714 to create a wired connection 715 between the HAN device 700 and a device (home modem/router 650) located within the structure upon which the HAN device 700 is disposed” – See Col. 13, lines 7-11; The HAN device (external antenna apparatus) comprises an outdoor antenna and is coupled to the home router (wireless-enabled premises device) via a wired connection). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US 11,736,841 such that the one or more external access nodes comprising one or more pole-mounted radio access nodes backhauled by the HFC network, the external antenna apparatus comprising an outdoor antenna coupled to the wireless-enabled premises device. Motivation for doing so would be to enable the antenna to provide a high gain Line-of-Sight connection with the external access node to provide improved quality and reliability (See Kim, Col. 14, lines 65-67 and Col. 15, lines 1-4).
24. A computer readable apparatus for use in a fixed wireless apparatus disposed at a user premises, the computer readable apparatus comprising a non-transitory storage medium configured to store one or more computer programs, the one or more computer programs configured to, when executed by a processing apparatus, cause a computerized client device to:
establish a first radio frequency connection between computerized client device and a computerized premises device disposed at a premises; receive at least a portion of first orthogonal frequency division multiplexing (OFDM) waveforms via the first radio frequency connection; and
based on a determination that the first radio frequency connection is at least one of (i) degrading, or (ii) not optimized, establish a second radio frequency connection between the computerized client device and a radio device external to the premises.
maintain the first radio frequency connection and the second radio frequency connection simultaneously for at least a transition period such that one or more quality of service (QoS) or quality of experience (QoE) requirements of the computerized client device can be met; wherein, during at least a portion of the transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection
1. A computerized method of operating a radio frequency (RF) network so that extant infrastructure is used to enable intra-network mobility of a client device, the computerized method comprising:
receiving at least a first portion of the transmitted OFDM waveforms via a premises device disposed at a premises; … enabling establishment of a radio frequency connection between the client device and the premises device
… determining that the established radio frequency connection is insufficient to meet one or more QoS (quality of service) or QoE (quality of experience) requirements required by the client device; based on the determining, causing establishment of a radio frequency connection between the client device and the radio device external to the premises to supplement the radio frequency connection between the client device and the premises device for at least a period of time
US 11,736,841 does not recite maintaining the first radio frequency connection and the second radio frequency connection simultaneously for at least a transition period such that one or more quality of service (QoS) or quality of experience (QoE) requirements of the computerized client device can be met; wherein, during at least a portion of the transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection. However, Heissenbuttel teaches maintaining the first radio frequency connection and the second radio frequency connection simultaneously for at least a transition period such that one or more quality of service (QoS) or quality of experience (QoE) requirements of the computerized client device can be met; wherein, during at least a portion of the transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection (“In a further embodiment variant, data transmitted by applications to the virtual interface, are multiply transmitted to at least two network interfaces by means of the load-balancing module. Such a method has the advantage that the sending of, e.g., time-critical data takes place simultaneously over a plurality of networks, the data being thereby transmitted with the highest possible degree of reliability. Best possible QoS requirements are fulfilled in that a soft handover (i.e. "make before break") is executed in which a plurality of technologies of network interfaces can take part” – See [0017]; “Such a method has furthermore the advantage that a power management of network interfaces can be simplified. Network interfaces can be selected according to QoS requirements (QoS: Quality of Service). Network interfaces can be assigned independently of applications or of the status of applications. Thus, for example, an application with a high bandwidth requirement can be run on a network interface with a high available bandwidth” – See [0011]; The device performs a soft handover (i.e., “make before break”) such that a first radio frequency connection is maintained during the transition period and data is transmitted simultaneously via the first and second radio frequency connections to fulfill QoS requirements). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US 11,736,841 to maintain the first radio frequency connection and the second radio frequency connection simultaneously for at least a transition period such that one or more quality of service (QoS) or quality of experience (QoE) requirements of the computerized client device can be met; wherein, during at least a portion of the transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection. Motivation for doing so would be to ensure that time-critical data is transmitted with the highest possible reliability during the transition (See Heissenbuttel, [0017]).
Claims 31-37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 12-14, 18, and 19 of U.S. Patent No. 11,736,841. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 31-37 of the present application are obvious based on claims 1, 3, 12-14, 18, and 19 of U.S. Patent No. 11,736,841 in view of Bordner-Babayigit et al. (US 9,088,768).
Present application:
31. A controller apparatus for use within a hybrid fiber/coaxial cable distribution network, the controller apparatus comprising:
a radio frequency (RF) communications management module;
a first data interface in data communication with the RF communications management module for data communication with a network core process;
a second data interface in data communication with the RF communications management module for data communication with a first RF distribution node of the hybrid fiber/coaxial cable distribution network;
wherein the radio frequency (RF) communications management module comprises computerized logic to enable at least transmission of digital data from at least one of the first RF distribution node or the second RF distribution node with an RF band outside of that normally used by the at least one of the first RF distribution node or the second RF distribution node.
a third data interface in data communication with the RF communications management module for data communication with a second RF distribution node of the hybrid fiber/coaxial cable distribution network
US 11,736,841:
13. A network architecture configured to support wireless user devices, the network architecture comprising:
the computerized controller apparatus comprising logic configured to effectuate at least one of: (i) handover of the wireless user device at least from the at least one WLAN-compliant user node to the at least one 3GPP-compliant radio node; or (ii) creation of simultaneous wireless connections
… computerized controller apparatus in data communication with the at least one WLAN-compliant user node and the at least one 3GPP-compliant radio node
a distribution node, the distribution node configured to transmit radio frequency (RF) waveforms onto a wireline or optical medium of a network, the RF waveforms being orthogonal frequency division multiplex (OFDM) modulated;
[18. The network architecture of claim 13, wherein: the network comprise a hybrid fiber coax (HFC) infrastructure operated by a multiple systems operator (MSO); and the at least one WLAN-compliant user node and the at least one 3GPP-compliant radio node are each backhauled by the HFC infrastructure.]
at least one wireless local area network (WLAN)-compliant user node in data communication with the wireline or optical medium and comprising a receiver apparatus configured to receive at least a first portion of the transmitted OFDM modulated waveforms
[1. … the computerized method comprising: transmitting OFDM (orthogonal frequency division multiplexing) waveforms over at least a portion of the extant infrastructure using at least a frequency band wider in frequency than a normal operating band of the extant infrastructure]
Claim 13 does not recite a third data interface in data communication with the RF communications management module for data communication with a second RF distribution node of the hybrid fiber/coaxial cable distribution network.
However, Bordner-Babayigit teaches a third data interface in data communication with the RF communications management module for data communication with a second RF distribution node of the hybrid fiber/coaxial cable distribution network (“The system includes a headend for providing video and data to a plurality of subscriber equipment via a hybrid fiber/coax (HFC) network, a plurality of distribution hubs, the plurality of distribution hubs coupling network elements from subscriber equipment to the headend and a storage device” – See col. 2, lines 43-50; Second and third data interfaces with first and second distribution nodes of the hybrid fiber/coaxial cable distribution network are provided). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Claim 13 to include a third data interface in data communication with the RF communications management module for data communication with a second RF distribution node of the hybrid fiber/coaxial cable distribution network. Motivation for doing so would be to enable a plurality of distributed nodes to connect various segments of the network (See Bordner-Babayigit, Col. 7, lines 58-62).
32. The controller apparatus of claim 31, wherein:
the radio frequency (RF) communications management module comprises a 3GPP Fifth Generation New Radio (SG NR) gNB (gNodeB) Controller Unit (CU);
the first RF distribution node comprises a first 3GPP Fifth Generation New Radio (5G NR) gNB (gNodeB) Distributed Unit (DU); and
the second RF distribution node comprises a second 3GPP Fifth Generation New Radio (5G NR) gNB (gNodeB) Distributed Unit (DU).
14. The network architecture of claim 13, wherein the computerized controller apparatus comprises a 3GPP 5G NR (New Radio) compliant central unit (CU), and the at least one 3GPP-compliant radio node comprises a 3GPP 5G NR (New Radio) compliant distributed unit (DU).
33. The controller apparatus of claim 31, wherein the first data interface for data communication with the network core process comprises a 3GPP Fifth Generation New Radio (5G NR) Xn interface with a 5GC (Fifth Generation Core).
13. … wherein the computerized controller apparatus comprises a Third Generation Partnership Project (3GPP) Fifth Generation New Radio (5G NR) Xn interface for data communication with a Fifth Generation Core (5GC), and an Internet Protocol (IP) address of the wireless user device is anchored at the 5GC and connected to the Internet over an N6 interface of the 5GC.
34. The controller apparatus of claim 33, wherein the second data interface comprises a 3GPP Fifth Generation New Radio (5G NR) F1 interface operative over at least a wireline data bearer medium.
19. The network architecture of claim 13, wherein the computerized controller apparatus further comprises: a 3GPP Fifth Generation New Radio (5G NR) F1 interface operative over at least a wireline data bearer medium for data communication with at least one WLAN-compliant user node; and a 3GPP 5G NR F1 interface operative over at least a dense wave division multiplexed (DWDM) optical data bearer for data communication with the at least one 3GPP-compliant radio node.
35. The controller apparatus of claim 34, wherein the third data interface includes an Fifth Generation New Radio (5G NR) F1 interface operative over at least a dense wave division multiplexed (DWDM) optical data bearer.
19. The network architecture of claim 13, wherein the computerized controller apparatus further comprises: a 3GPP Fifth Generation New Radio (5G NR) F1 interface operative over at least a wireline data bearer medium for data communication with at least one WLAN-compliant user node; and a 3GPP 5G NR F1 interface operative over at least a dense wave division multiplexed (DWDM) optical data bearer for data communication with the at least one 3GPP-compliant radio node.
36. The controller apparatus of claim 31, wherein the RF band outside of that normally used by the at least one of the first RF distribution node or the second RF distribution node comprises a frequency band of at least 1.6 GHz in total bandwidth.
3. The computerized method of claim 2, wherein the frequency band wider in frequency than the normal operating band of the extant infrastructure comprises a frequency band of at least 1.6 GHz in total bandwidth
37. The controller apparatus of claim 31, wherein:
the first RF distribution node comprises a wireless local area network (WLAN)- compliant premises device; the second RF distribution node comprises a 3GPP-compliant radio node; and the enablement of at least the transmission of the digital data from the at least one of the first RF distribution node and the second RF distribution node comprises enablement of internetworking between Wi-Fi and 3GPP technologies to maintain session continuity between the WLAN-compliant premises device and the 3GPP-compliant radio node using multiple system operator (MSO)-only control functions.
12. The computerized method of claim 1, wherein: the premises device comprises a wireless local area network (WLAN)-compliant premises device; the radio device external to the premises comprises a Third Generation Partnership Project (3GPP)-compliant radio node; and the common controller apparatus enables internetworking between Wi-Fi and 3GPP technologies to maintain session continuity between the WLAN-compliant premises device and 3GPP-compliant radio node using multiple system operator (MSO)-only control functions.
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 18, 19, 23, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Pasko (US 2012/0076009) in view of Kim et al. (US 10,476,128) and Zheng (US 2008/0260389).
Regarding Claim 18, Pasko teaches a computerized method for providing high speed data services to a computerized client device, the computerized method comprising:
providing indoor wireless coverage inside a premises to the computerized client device via a wireless-enabled premises device backhauled by a network (“Subscriber premises 130 may connect to central office 120 through primary service line 124. Subscriber premises 130 may include, for example, … a home router 134” – See [0021]; “Home router 134 may include a device that may provide connectivity between network 110 and one or more components of subscriber premises 130 (e.g., user devices 136). Home router may provide a data connection to user devices 136 via, for example, an Ethernet, a Universal Serial Bus (USB), and/or a wireless connection” – See [0022]; See also Fig. 1; Home router (wireless-enabled premises device) provides indoor wireless coverage to user devices (computerized client device), wherein the home router is backhauled by a primary service line 124); and
supplementing the indoor wireless coverage via one or more external access nodes external to the premises, the one or more external access nodes in data communication with the wireless-enabled premises device (“home router 134 may include … a boost manager 520” – See [0052]; “Boost manager 520 may include hardware or a combination of hardware and software to request and implement a supplemental bandwidth capacity for a home router (e.g., home router 134)” – See [0055]; “both home router 134 and user device 136 may communicate with separate boost nodes 160 to receive supplemental bandwidth” – See [0074]; “Home router 134 may receive requested data 410 via both primary data path 440 and secondary data path 450, may decrypt any encrypted data (e.g., from secondary data path 450), and may forward the data received via the two paths to user device 136 as requested data 410 via a single data stream. In one implementation, home router 134 may order traffic (e.g., packets) from primary data path 440 and secondary data path 450 to minimize dropped packets and/or other delays. For example, home router 134, network element 112, control server 140, and/or boost node 160 may implement a protocol to allow home router 134 to sort traffic from primary data path 440 and secondary data path 450 prior to passing the data to user device 136 as requested data 410” – See [0049]; See also Fig. 1; The indoor wireless coverage is supplemented via a boost node (one or more external access nodes external to the premises), wherein the boost node is in data communication with the home router).
Pasko does not explicitly teach that the one or more external access nodes comprising one or more pole-mounted radio access nodes, wherein the one or more external access nodes are in data communication with the wireless-enabled premises device via an external antenna apparatus, and wherein the external antenna apparatus comprises an outdoor antenna coupled to the wireless-enabled premises device.
However, Kim teaches that the one or more external access nodes comprising one or more pole-mounted radio access nodes (“FIG. 2 illustrates a BSN device 106 connected to a light pole in a geographic area according to one embodiment” – See Col. 5, lines 6-7; The BSN (one or more external access nodes) is mounted to a pole),
wherein the one or more external access nodes are in data communication with the wireless-enabled premises device via an external antenna apparatus (“An antenna of the HAN device 904 points in the direction of a corresponding antenna at the BSN device 906 … The HAN device 904 may be installed at 2 meter height on an exterior of a structure, such as an outside wall of a building” – See Col. 14, lines 53-58; “The HAN device 700 may include a transceiver 714 to create a wired connection 715 between the HAN device 700 and a device (home modem/router 650) located within the structure upon which the HAN device 700 is disposed” – See Col. 13, lines 7-11; See also Fig. 9; The BSN is in data communication with the home router (wireless-enabled premises device) via HAN device (external antenna apparatus)), and
wherein the external antenna apparatus comprises an outdoor antenna coupled to the wireless-enabled premises device (“An antenna of the HAN device 904 points in the direction of a corresponding antenna at the BSN device 906 … The HAN device 904 may be installed at 2 meter height on an exterior of a structure, such as an outside wall of a building” – See Col. 14, lines 53-58; “The HAN device 700 may include a transceiver 714 to create a wired connection 715 between the HAN device 700 and a device (home modem/router 650) located within the structure upon which the HAN device 700 is disposed” – See Col. 13, lines 7-11; The HAN device (external antenna apparatus) comprises an outdoor antenna and is coupled to the home router (wireless-enabled premises device) via a wired connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pasko such that the one or more external access nodes comprising one or more pole-mounted radio access nodes, wherein the one or more external access nodes are in data communication with the wireless-enabled premises device via an external antenna apparatus, and wherein the external antenna apparatus comprises an outdoor antenna coupled to the wireless-enabled premises device. Motivation for doing so would be to enable the antenna to provide a high gain Line-of-Sight connection with the external access node to provide improved quality and reliability (See Kim, Col. 14, lines 65-67 and Col. 15, lines 1-4).
Pasko does not explicitly teach that the wireless-enabled customer premises device is backhauled by a hybrid fiber coax (HFC) network, and the one or more external access nodes are backhauled by the HFC network.
However, Zheng teaches that a customer premises device is backhauled by a hybrid fiber coax (HFC) network, and the one or more external access nodes are backhauled by the HFC network (“Referring to FIG. 39, the BS is connected to an HFC/Cable Network of the DOCSIS network via a CM” – See [0187]; “the CMRFI is a reference point between the CM and the HFC/Cable Network” – See [0019]; See also Fig. 39; The (cable modem) customer premises device is backhauled by an HFC network and the external access node is backhauled by the HFC network).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pasko such that the wireless-enabled customer premises device is backhauled by a hybrid fiber coax (HFC) network, and the one or more external access nodes are backhauled by the HFC network. Motivation for doing so would be to provide a backhaul interface that is low cost, wideband, and has multi-service properties (See Zheng, [0018]).
Regarding Claim 19, Pasko in view of Kim and Zheng teaches the method of Claim 18. Kim further teaches that the one or more external access nodes comprise one or more access nodes pole-mounted to a premises associated with at least one user of the wireless-enabled premises device (“FIG. 2 illustrates a BSN device 106 connected to a light pole in a geographic area according to one embodiment” – See Col. 5, lines 6-7; The BSN (one or more external access nodes) is mounted to a pole external to the premises associated with the home router).
Regarding Claim 23, Pasko in view of Kim and Zheng teaches the method of Claim 18. Pasko further teaches determining that an established radio frequency connection between the computerized client device and the wireless-enabled premises device is insufficient to meet one or more quality of service (QoS) or quality of experience (QoE) requirements required by the computerized client device; wherein the supplementing of the indoor wireless coverage via the one or more external access nodes external to the premises causes the one or more QoS or QoE requirements to be met (“Bandwidth monitor 510 may include hardware or a combination of hardware and software to determine if traffic conditions exist that may benefit from a supplemental bandwidth capacity. For example, bandwidth monitor 510 may monitor traffic over primary service line 124 to determine if traffic conditions are above a particular usage threshold (e.g., 80% of basic DSL or broadband capacity). In one implementation, bandwidth monitor 510 may monitor incoming traffic conditions over a particular period of time. In another implementation, bandwidth monitor 510 may detect a particular traffic type (e.g., a video stream), based on packet header data, that may be indicative of a need for supplemental bandwidth capacity” – See [0054]; A determination is made that the established connection between the home router and the user device does not have enough bandwidth to meet a QoS/QoE for the traffic via the primary path. Based on the determination, the indoor wireless coverage provided by the home router is supplemented via the boost node (one or more external access nodes external to the premises)).
Regarding Claim 30, Pasko in view of Kim and Zheng teaches the method of Claim 18. Pasko further teaches causing the computerized client device and the wireless-enabled premises device to exchange data relating to respective cellular data network capabilities of the computerized client device, the exchange of the data comprising provision of an information element (IE) by the wireless-enabled premises device to the computerized client device, the IE indicating whether any cellular data network connections exist with the computerized client device (“user device 136 may receive bandwidth data 710 from home router 134. Bandwidth data 710 may include, for example, an available bandwidth for primary services (e.g., over primary service line 124), bandwidth available from a boost node 160, current bandwidth usage (e.g., including use by other devices in subscriber premises 130), etc.” – See [0068]; “Boost node 160 may include any hardware device or combination of hardware and software, such as … a base station” – See [0027]; “a wireless network may be established between user device 136 and boost node 160 using LTE or EVDO protocols” – See [0030]; The home router (wireless-enabled premises device) provides, to the user device (computerized client device), an IE indicating whether any cellular connections/bandwidth are available via the boost node).
Claims 20-22 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Pasko (US 2012/0076009) in view of Kim et al. (US 10,476,128) and Zheng (US 2008/0260389) and further in view of Czaja et al. (US 2016/0021595).
Regarding Claim 20, Pasko in view of Kim and Zheng teaches the method of Claim 18. Pasko further teaches that respective radio frequency connections between (i) the computerized client device and the wireless-enabled premises device, and (ii) the wireless-enabled premises device and the one or more external access nodes, enable delivery to the computerized client device of at least a portion of first waveforms received by the wireless-enabled premises device and at least a portion of second waveforms received by the one or more external access nodes (“Primary data path 440 may go through the subscriber's primary service line (e.g., primary service line 124), while secondary data path 450 may go through boost node 160 … The amount of traffic distributed over primary data path 440 and secondary data path 450 may be determined by control server 140 based on one or more of a value included in boost request 420, an available bandwidth of primary data path 440, and available bandwidth of secondary data path 450, a subscription agreement, and/or other factors” – See [0048]; “Boost node 160 may connect to network 110 via wired or wireless connections … boost node 160 may be a broadband device (e.g., a fixed or portable broadband device) that may receive wireless broadband signals, such as Long Term Evolution (LTE) network signals or Evolution-Data Optimized (EVDO) network signals” – See [0028]; “For example, wireless transceiver 550 may receive signals from boost manager 520, data synchronizer 530, and/or wireless receiver 540 and transmit the signals to user device 136 via a wireless interface” – See [0058]; The home router (wireless-enabled premises device) and boost node (one or more external access nodes) enable delivery of first waveforms received by the home router on primary data path 440 and second waveforms received by the boost node on secondary data path 450).
Pasko, Kim, and Zheng do not explicitly teach that the first and second waveforms are orthogonal frequency division multiplexing (OFDM) waveforms.
However, Czaja teaches using OFDM waveforms for wireless communication (“An OFDMA system can implement a radio technology such as Evolved UTRA (E-UTRA), IEEE 802.16 (WiMAX), etc.” – See [0010]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pasko such that the first and second waveforms are orthogonal frequency division multiplexing (OFDM) waveforms since OFDM is used in well-known and widely-used cellular communication standards such as E-UTRA, WiMAX, and so on (See Czaja, [0010]).
Regarding Claim 21, Pasko in view of Kim, Zheng, and Czaja teaches the method of Claim 20. Czaja further teaches based on movement of the computerized client device from the inside of the premises to an outside of the premises: terminating the radio frequency connection between the computerized client device and the wireless-enabled premises device after a radio frequency connection between the computerized client device and the one or more external access nodes has been established; and causing all OFDM waveforms destined for the computerized client device to be transmitted to the one or more external access nodes external to the premises (“The operation of the student safety system during the F2MHO (when student leaves his/her home) is presented in FIG. 7A. Here, the mobile terminal 400 continuously monitors the strength the Pilot Channel (PiCH), 220 from the serving femto-cell 200 and the strength of the PiCH 320 of the macro-cell base station then sends those measurements in a measurement message, such as Pilot Strength Measurement Message 410. Such measurements are compared with the predefined thresholds designed to determine the boundary of the femto-cell coverage area. When the PiCH signal 320 is above such predefined threshold and the PiCH signal 220 is below such predefined threshold, a dedicated channel resource is allocated by the macro-cell base station 300 and message instructing to perform “hand-over” (such as adding the macro-cell 300 to the Active Set, etc.) is sent to the mobile terminal. In response, the mobile terminal 400 sends a handover complete message 420” – See [0134]; “we propose to modify the “traditional” SHO—frequently referred as make-before-brake handover, into brake-after-make handover. This handover have two phases: first phase—follows the procedure of “traditional” SHO, where the candidate base station (femto or macro cell), is added to the terminal active set and the Handoff Complete Message (HCM) 420, is sent; and second phase—after HCM is received, the macro-cell BS “moves” the user traffic to the mAP secondary RF interface Common Channel while at the same time terminates his service on the macro-cell dedicated channel” – See [0109]; When the UE leaves the premises, a handover is performed from the femto cell/wireless-enabled premises device to a macro cell, thus terminating the connection between the terminal (computerized client device) and the femto cell (wireless-enabled premises device) and causing the OFDM waveforms to be transmitted to the terminal via the macro cell (one or more external access nodes external to the premises). Furthermore, the handover is a “soft” type handover wherein the original connection is terminated after connection with the target cell is made).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pasko such that based on movement of the computerized client device from the inside of the premises to an outside of the premises: terminating the radio frequency connection between the computerized client device and the wireless-enabled premises device after a radio frequency connection between the computerized client device and the one or more external access nodes has been established; and causing all OFDM waveforms destined for the computerized client device to be transmitted to the one or more external access nodes external to the premises. Motivation for doing so would be to provide connectivity for a client device when it moves between different wireless coverage areas (See Czaja, [0090]-[0091]).
Regarding Claim 22, Pasko in view of Kim and Zheng teaches the method of Claim 18. Pasko, Kim, and Zheng do not explicitly teach selecting the one or more external access nodes from a plurality of candidate nodes, the selecting at least based on at least one of (i) spatial or physical location relative to the premises, or (ii) topological location within the HFC network.
However, Czaja teaches selecting the one or more external access nodes from a plurality of candidate nodes, the selecting at least based on at least one of (i) spatial or physical location relative to the premises, or (ii) topological location within the HFC network (“The operation of the student safety system during the F2MHO (when student leaves his/her home)” – See [0134]; See also Fig. 3; A plurality of candidate external access nodes are provided (e.g., macro cell 300, mAP 500, etc.). The selection of the macro cell is based on the physical location of the terminal relative to the premises (i.e., when the user is leaving home)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pasko to include selecting the one or more external access nodes from a plurality of candidate nodes, the selecting at least based on at least one of (i) spatial or physical location relative to the premises, or (ii) topological location within the HFC network. Motivation for doing so would be to provide connectivity for a client device when it moves between different wireless coverage areas (See Czaja, [0090]-[0091]).
Regarding Claim 38, Pasko in view of Kim and Zheng teaches the method of Claim 18. Pasko further teaches that the supplementing is performed via multiple system operator (MSO)-managed infrastructure using MSO-only control functions, without use of an interface with a mobile network operator (MNO) (“In another implementation, boost node 160 may be another home router in a different subscriber premises” – See [0027]; “Boost node 160 may connect to network 110 via wired or wireless connections. For example, boost node 160 may use a separate digital subscriber line, cable/fiber” – See [0028]; In one embodiment that supplementing is performed via a boost node that is part of a MSO-managed infrastructure (e.g., cable network) and does not use a cellular network associated with a MNO).
Pasko, Kim, and Zheng do not explicitly teach that the supplementing is to maintain data session continuity for the computerized client device as the computerized client device moves between indoor wireless coverage provided by the wireless-enabled premises device and outdoor wireless coverage provided by the one or more external access nodes.
However, Czaja teaches that the supplementing is to maintain data session continuity for the computerized client device as the computerized client device moves between indoor wireless coverage provided by the wireless-enabled premises device and outdoor wireless coverage provided by the one or more external access nodes (“The operation of the student safety system during the F2MHO (when student leaves his/her home) is presented in FIG. 7A. Here, the mobile terminal 400 continuously monitors the strength the Pilot Channel (PiCH), 220 from the serving femto-cell 200 and the strength of the PiCH 320 of the macro-cell base station then sends those measurements in a measurement message, such as Pilot Strength Measurement Message 410. Such measurements are compared with the predefined thresholds designed to determine the boundary of the femto-cell coverage area. When the PiCH signal 320 is above such predefined threshold and the PiCH signal 220 is below such predefined threshold, a dedicated channel resource is allocated by the macro-cell base station 300 and message instructing to perform “hand-over” (such as adding the macro-cell 300 to the Active Set, etc.) is sent to the mobile terminal. In response, the mobile terminal 400 sends a handover complete message 420” – See [0134]; A handover is performed to maintain data session continuity for the client device when it leaves the indoor coverage of the home/premises into an outdoor wireless coverage provided by a base station external to the premises).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pasko such that the supplementing is to maintain data session continuity for the computerized client device as the computerized client device moves between indoor wireless coverage provided by the wireless-enabled premises device and outdoor wireless coverage provided by the one or more external access nodes. Motivation for doing so would be to transition the computerized client device from a connection in coverage area with a low signal strength to one with higher signal strength as it moves (See Czaja, [0134]).
Claims 24, 28, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Czaja et al. (US 2016/0021595) in view of Heissenbuttel et al. (US 2007/0195765).
Regarding Claim 24, Czaja teaches a computer readable apparatus for use in a fixed wireless apparatus disposed at a user premises, the computer readable apparatus comprising a non-transitory storage medium configured to store one or more computer programs, the one or more computer programs configured to, when executed by a processing apparatus (“Those of skill would further appreciate that the various illustrative logical blocks, modules, and algorithmic steps described in connection with the embodiments disclosed herein may be implemented as electronic hardware, computer software, or combinations of both” – See [0197]; “a software program which may be stored in a memory and is executable by a processor” – See [0053]), cause a computerized client device to:
establish a first radio frequency connection between computerized client device and a computerized premises device disposed at a premises (“Home Access Point—hereinafter referred to collectively as hAP is the home femto-cell equipment providing localized cellular communication services for the wireless terminals inside the house” – See [0058]; “cellular network establishes communication with the mobile terminal using hAP and it's internet connection” – See [0112]; The terminal (computerized client device) establishes a first radio frequency connection with the femto cell/home access point (computerized premises device disposed at a premises));
receive at least a portion of first orthogonal frequency division multiplexing (OFDM) waveforms via the first radio frequency connection (“at time t1 the mobile terminal is within the coverage area of student's home femto-cell (hAP), and communicates with the Home Node hAP 200 over local RF link 211” – See [0090]; “The techniques described herein can be used for various wireless communication systems such as code division multiple access (CDMA), time division multiple access (TDMA), frequency division multiple access (FDMA), orthogonal FDMA (OFDMA)” – See [0010]; The terminal receives OFDM waveforms from the femto cell/home access point via the first radio frequency connection); and
based on a determination that the first radio frequency connection is at least one of (i) degrading, or (ii) not optimized, establish a second radio frequency connection between the computerized client device and a radio device external to the premises (“The operation of the student safety system during the F2MHO (when student leaves his/her home) is presented in FIG. 7A. Here, the mobile terminal 400 continuously monitors the strength the Pilot Channel (PiCH), 220 from the serving femto-cell 200 and the strength of the PiCH 320 of the macro-cell base station then sends those measurements in a measurement message, such as Pilot Strength Measurement Message 410. Such measurements are compared with the predefined thresholds designed to determine the boundary of the femto-cell coverage area. When the PiCH signal 320 is above such predefined threshold and the PiCH signal 220 is below such predefined threshold, a dedicated channel resource is allocated by the macro-cell base station 300 and message instructing to perform “hand-over” (such as adding the macro-cell 300 to the Active Set, etc.) is sent to the mobile terminal. In response, the mobile terminal 400 sends a handover complete message 420” – See [0134]; When the pilot signal strength of the first radio frequency connection with the femto cell/home access point drops below a threshold (degrading/not optimized), the terminal establishes a second radio frequency connection with the macro cell (radio device external to the premises)).
Czaja does not explicitly teach maintaining the first radio frequency connection and the second radio frequency connection simultaneously for at least a transition period such that one or more quality of service (QoS) or quality of experience (QoE) requirements of the computerized client device can be met; wherein, during at least a portion of the transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection.
However, Heissenbuttel teaches maintaining the first radio frequency connection and the second radio frequency connection simultaneously for at least a transition period such that one or more quality of service (QoS) or quality of experience (QoE) requirements of the computerized client device can be met; wherein, during at least a portion of the transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection (“In a further embodiment variant, data transmitted by applications to the virtual interface, are multiply transmitted to at least two network interfaces by means of the load-balancing module. Such a method has the advantage that the sending of, e.g., time-critical data takes place simultaneously over a plurality of networks, the data being thereby transmitted with the highest possible degree of reliability. Best possible QoS requirements are fulfilled in that a soft handover (i.e. "make before break") is executed in which a plurality of technologies of network interfaces can take part” – See [0017]; “Such a method has furthermore the advantage that a power management of network interfaces can be simplified. Network interfaces can be selected according to QoS requirements (QoS: Quality of Service). Network interfaces can be assigned independently of applications or of the status of applications. Thus, for example, an application with a high bandwidth requirement can be run on a network interface with a high available bandwidth” – See [0011]; The device performs a soft handover (i.e., “make before break”) such that a first radio frequency connection is maintained during the transition period and data is transmitted simultaneously via the first and second radio frequency connections to fulfill QoS requirements).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Czaja to maintain the first radio frequency connection and the second radio frequency connection simultaneously for at least a transition period such that one or more quality of service (QoS) or quality of experience (QoE) requirements of the computerized client device can be met; wherein, during at least a portion of the transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection. Motivation for doing so would be to ensure that time-critical data is transmitted with the highest possible reliability during the transition (See Heissenbuttel, [0017]).
Regarding Claim 28, Czaja in view of Heissenbuttel teaches the computer readable apparatus of Claim 24. Czaja further teaches that the establishment of the first radio frequency connection between the computerized client device and the computerized premises device is initiated by the computerized premises device and based on a detection, by the computerized premises device, of the computerized client device at first location (“in the context of this invention, an in-band message sent by either the mAP or the hAP requesting such information as: request for user present/absent status” – See [0078]; “the hAP sends in-band message to the Control Node, informing of the mobile terminal status (present/absent)” – See [0112]; The first radio frequency connection between the terminal (computerized client device) and the hAP (computerized premises device) is based on detection of the “present” status of the terminal by the hAP at the hAP’s location).
Regarding Claim 29, Czaja in view of Heissenbuttel teaches the computer readable apparatus of Claim 24. Czaja further teaches that the one or more computer programs are further configured to, when executed by the processing apparatus, cause the computerized client device to: receive, after the establishment of the first radio frequency connection between the computerized client device and the computerized premises device, data representative of an instruction from the computerized premises device, the instruction configured to cause the computerized client device to disestablish an initial radio frequency connection between the computerized client device and at least one of (i) the radio device external to the premises or (ii) another radio device external to the premises (“message instructing to perform “hand-over” (such as adding the macro-cell 300 to the Active Set, etc.) is sent to the mobile terminal” – See [0134]; “When both the macro-cell and the hAP receives a HCM, the transmission on the macro-cell DCH is discontinued and “moved” to the hAP Internet interface” – See [0171]; The terminal receives an instruction from the hAP to perform handover from the macro cell to the hAP (i.e., cause the computerized client device to disestablish an initial radio frequency connection between the computerized client device and the radio device external to the premises)).
Claims 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Czaja et al. (US 2016/0021595) Heissenbuttel et al. (US 2007/0195765) and further in view of Brude (US 2019/0303110).
Regarding Claim 25, Czaja in view of Heissenbuttel teaches the computer readable apparatus of Claim 24. Czaja and Heissenbuttel do not explicitly teach that the computer readable apparatus comprises a cloud-based network storage device which is remote from, yet accessible via the computerized client device.
However, Brude teaches that the computer readable apparatus comprises a cloud-based network storage device which is remote from, yet accessible via the computerized client device (“Moreover, elements of computing environment 100 (e.g., VR development system 110, application servers 120, third-party systems 130, end-user devices 140, network 150, etc.) may each include one or more processors, computer-readable memory, and one or more interfaces, among other features and hardware. Servers may include any suitable software component or module, or computing device(s) capable of hosting and/or serving software applications and services, including distributed, enterprise, or cloud-based software applications, data, and services. For instance, one or more of the described components of computing environment 100, may be at least partially (or wholly) cloud-implemented, “fog”-implemented, web-based, or distributed for remotely hosting, serving, or otherwise managing data, software services, and applications that interface, coordinate with, depend on, or are used by other components of computing environment 100” – See [0030]; The computer readable apparatus includes cloud-based storage).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Czaja such that the computer readable apparatus comprises a cloud-based network storage device which is remote from, yet accessible via the computerized client device. Motivation for doing so would be to enable the computer programs to be distributed for remote hosting (See Brude, [0030]).
Regarding Claim 26, Czaja in view of Heissenbuttel teaches the computer readable apparatus of Claim 24. Czaja and Heissenbuttel do not explicitly teach that the computer readable apparatus comprises a fog-based storage device which is distributed across multiple nodes of varying proximity and accessible via the computerized client device.
However, Brude teaches that the computer readable apparatus comprises a fog-based storage device which is distributed across multiple nodes of varying proximity and accessible via the computerized client device (“Moreover, elements of computing environment 100 (e.g., VR development system 110, application servers 120, third-party systems 130, end-user devices 140, network 150, etc.) may each include one or more processors, computer-readable memory, and one or more interfaces, among other features and hardware. Servers may include any suitable software component or module, or computing device(s) capable of hosting and/or serving software applications and services, including distributed, enterprise, or cloud-based software applications, data, and services. For instance, one or more of the described components of computing environment 100, may be at least partially (or wholly) cloud-implemented, “fog”-implemented, web-based, or distributed for remotely hosting, serving, or otherwise managing data, software services, and applications that interface, coordinate with, depend on, or are used by other components of computing environment 100” – See [0030]; The computer readable apparatus includes fog-based storage).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Czaja such that the computer readable apparatus comprises a fog-based storage device which is distributed across multiple nodes of varying proximity and accessible via the computerized client device for the same reasons as those given with respect to Claim 25.
Response to Arguments
On pages 8-9 of the remarks, Applicant argues in substance that Lee does not teach that the one or more external access nodes are in data communication with the wireless-enabled premises device via an external antenna apparatus comprising an outdoor antenna coupled to the wireless-enabled premises device, and that the external access nodes comprise pole-mounted radio access nodes backhauled by the HFC network, as recited in independent claim 18. Applicant’s arguments have been considered but are moot based on the new grounds of rejection. In response to the amended limitations, the Examiner relies upon the newly-cited Pasko, Kim and Zheng references.
On pages 10-11 of the remarks, Applicant argues in substance that Czaja and Ying do not teach maintaining the first radio frequency connection and the second radio frequency connection simultaneously for a transition period such that QoS or QoE requirements of the computerized client device can be met, while, during that same transition period after the second radio frequency connection has been established, the computerized client device continues to receive at least a portion of the first OFDM waveforms via the first radio frequency connection, as recited in independent claim 24. Applicant’s arguments have been considered but are moot based on the new grounds of rejection. In response to the amended limitations, the Examiner relies upon the newly-cited Heissenbuttel reference.
Allowable Subject Matter
Claims 31-37 are allowable over the prior art.
Conclusion
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/SCOTT M SCIACCA/ Primary Examiner, Art Unit 2478
