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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Regarding First argument:
Applicant argues in substance that amended independent claims overcome previous 35 U.S.C. 101 rejection.
After review of amended independent claim 1, Examiner agrees with assertion that amendment has overcome previous 101 rejection. Rejection is hereby withdrawn.
Regarding second argument:
Applicant argues in substance that amended independent claims overcome previous 35 U.S.C. 102(a)(1) rejection.
Examiner respectfully disagrees with applicant assertion that independent claims have overcome previous 102 rejection. The addition of the determination of a multi-hop route based on exchanged information is descriptively broad, and given the broadest reasonable interpretation of the claim language the independent claims, as currently written, are still anticipated by the previously cited prior art of record. Dependent claim 2, however contains an aspect of the disclosure that was not present in the cited prior art and further search failed to reveal an art that anticipated the forwarding of data that has not been demodulated. Claim2 and claims dependent on claim 2 are objected to as indicated below as dependent on a rejected independent claim.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 20100278102 A1) hereafter Lee.
Regarding Claim 1:
Lee discloses:
A communication control device comprising: a storage unit configured to store instruction; and a control unit configured to control communication of a first communication device based on the instruction, wherein the control unit is configured to: ([¶0048] FIG. 5 shows the block diagram of a computer system 500 that may be used as a platform for a device configured to receive a data flow at a source or the destination from a route in a wireless network. The computer system 500 may also be used to execute one or more computer programs performing the methods, steps and functions described herein. The computer programs are stored in computer storage mediums.) control exchange of information with a second communication device via wireless communication. and determine a multi-hop transmission route based on the exchanged information ([¶0050] The computer system 500 includes a processor 520, providing an execution platform for executing software. The processor 520 is configured to search nodes for information of at least one route metric for the nodes. The processor 520 is further configured to receive information of a route metric, determine a first route that has a most optimal route metric for a first data flow based on the route metric and a first data flow metric of the first data flow, determine a second route that has a most optimal route metric for a second data flow based on the route metric and a second data flow metric of the second data flow, and receive the first data flow via the first route and the second data flow via the second route from the source.); and determine an optimum transmission route based on amount of transmission data increased at time of a joint detection process by a plurality of communication devices in cooperation,([¶0028] routes to all other nodes in the multi-hop wireless network is maintained by measuring multiple route metrics and including the measured multiple route metrics in the periodic routing messages. Each node searches for neighboring nodes and may store route metrics information of the other nodes. The route metrics for different pairs of nodes, such as for `node 103a and 103b` or for `node 103a and 103d` are measured and used to decide a route metric for the different routes between the source and the destination, such as routes 1, 2, and 3 in this example. Here, the information of the route metrics between two different nodes is received and stored periodically.) wherein the plurality of communication devices includes the first communication device and the second communication device, and the joint detection process is performed at a time of the determination of the multi-hop transmission route. ([¶0036] At step 330, a first route that has a most optimal route metric for a first data flow is determined based on the route metrics received from the nodes and a first data flow metric of the first data flow. [¶0044] At step 430, the destination 104 receives the route requests packets, and determines route metrics for each route. For example, as a request packet is routed to the destination 104, at each hop a node includes route metrics for the hop and sends the packet towards the destination 104. [¶0045] At step 440, the destination 104 selects a route that has the most optimal performance for the data flow metric for the data flow. The route metrics from step 430 are used to select the route. For example, the route that has the shortest delay is selected for a VoIP data flow.)
Regarding Claim 10:
Lee discloses the limitations of parent claims.
Lee discloses:
wherein the control unit is further configured to determine the optimum transmission route based on a metric value and third parameters, wherein the metric value is with respect to a surrounding node among the plurality of communication devices, and the third parameters includes values necessary to calculate the metric value. ([¶0036] a first route that has a most optimal route metric for a first data flow is determined based on the route metrics received from the nodes and a first data flow metric of the first data flow. Here the type of the route metric from the first route should match the type of the first data flow metric. For example, if the route metrics received for route 2 include bandwidth, delay and loss rate, the nodes use the loss rate route metric values to determine whether route 2 should be selected to receive a multimedia streaming data flow because the data flow metric for this data flow is loss rate. [¶0012] The information of route metrics may include values (e.g., measurements) for the route metrics. The source or the destination obtains the values for each route metric.)
Regarding Claim 16:
Lee discloses the limitations of parent claims.
Lee discloses:
wherein the first communication device is configured as an access point in a wireless LAN system. ([¶0015] The methods described herein are not limited to be applied only to a multi-hop WLAN. [¶0017] The multi-hop wireless network 110 includes a source 102 (S), multiple wireless routers as nodes, shown as wireless routers 103a (I), 103b (J), 103c (K) and 103d (L), and a destination 104 (D). The source 102 and the destination 104 are also nodes, as they could be intermediate nodes forwarding data flows for other source or destination in the network. More or less than four wireless routers, more sources and more destinations may exist in the multi-hop wireless network 110.
Regarding Claim 17:
Lee discloses:
A communication method ([¶0015] The methods described herein) performed by a communication control device, comprising: storing instruction; controlling communication of a first communication device based on the instruction, wherein the controlling of the communication comprises: controlling exchange of information with a second communication device via wireless communication; ([¶0048] The computer system 500 may also be used to execute one or more computer programs performing the methods, steps and functions described herein. ) determining a multi-hop transmission route based on the exchanged information; and determining an optimum transmission route based on amount of transmission data increased at a time of a joint detection process by a plurality of communication devices in cooperation, [¶0028] routes to all other nodes in the multi-hop wireless network is maintained by measuring multiple route metrics and including the measured multiple route metrics in the periodic routing messages. Each node searches for neighboring nodes and may store route metrics information of the other nodes. The route metrics for different pairs of nodes, such as for `node 103a and 103b` or for `node 103a and 103d` are measured and used to decide a route metric for the different routes between the source and the destination, such as routes 1, 2, and 3 in this example. Here, the information of the route metrics between two different nodes is received and stored periodically. wherein the plurality of communication devices includes the first communication device and the second communication device, and the joint detection process is performed at a time of the determination of the multi-hop transmission route. ([¶0036] At step 330, a first route that has a most optimal route metric for a first data flow is determined based on the route metrics received from the nodes and a first data flow metric of the first data flow. [¶0044] At step 430, the destination 104 receives the route requests packets, and determines route metrics for each route. For example, as a request packet is routed to the destination 104, at each hop a node includes route metrics for the hop and sends the packet towards the destination 104. [¶0045] At step 440, the destination 104 selects a route that has the most optimal performance for the data flow metric for the data flow. The route metrics from step 430 are used to select the route. For example, the route that has the shortest delay is selected for a VoIP data flow.)
Allowable Subject Matter
Claim 2 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 3-9 and 11-15 are dependent on claim 2, which is dependent on claim 1 and are therefore objected to as dependent on a rejected independent claim.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH MARK ASHLEY whose telephone number is (571)272-0199. The examiner can normally be reached M-F 8-430.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at (571) 272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUGH MARK ASHLEY/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463