DETAILED ACTION
1. It is hereby acknowledged that 18/264209 the following papers have been received and placed of record in the file: Amendment date 10/14/25
2. Claims 1-6, 8-15, 17, 18 presented for examination. Claims 1, 4, 10 and 13 are amended. Claims 7 and 16 are being cancelled.
Response to Arguments
3. Applicant’s arguments with respect to claim(s) 1-6, 8-15, 17, 18 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.
Claim Rejections - 35 USC § 103
4. 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) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
5. Claims 1-5,8,10,11-14, 17 are rejected under 35 U.S.C. §103 as being unpatentable over Gao et al(US 2017/0302401A1) in view of Vasanthan (WO2021150317A1) in further view of Lumbatis(US 2020/0396019A1)
Regarding claim 1, Gao teaches a method to improve wireless communication range and reliability in a wireless mesh network by a wireless mesh router, the method comprising: measuring an indication of a link quality between the wireless mesh router and another wireless device; (see Gao paragraph [0036],[0040] explains transmission parameters based on channel condition(i.e error rate and/or transmission rate Fig.1 and 2) determining a number of spatial streams for the wireless communication based on the measured indication of link quality;(see Gao paragraph [0036] explains transmission parameters based on channel condition) using the determined number of spatial streams to select a channel bandwidth and a Modulation and Coding Scheme (MCS) for the wireless communication; (see Gao paragraph [0036],[0039]-[0041] explains spatial streams and MCS) and configuring a wireless transceiver for the wireless communication using the determined number of spatial streams, the selected channel bandwidth, and the selected MCS.(see Gao paragraphs [0036],[0041], [0069]-[0072] explains parameters being used between two different devices)
While it can be understood the parameters are considered to measuring an indication of link quality, however to further explain and clarify analogous art Vasanthan (see paragraph [0066] explains modulation and coding [0089] explains MIMO and MU-MIMO and spatial stream) is introduced and explains a wireless device, such as a UE 115, a CPE, a repeater (e.g., a smart repeater with a decode and forward capability, a dumb repeater with an amplify and forward capability), a router, or other device, may use the antenna subarray selection scheme 400 when selecting different subsets of antenna elements 402. In some cases, the antenna subarray selection scheme 400 may be used to dynamically modify a size of an antenna array across different time intervals (e.g., symbols, slots, subframes, etc.) while communicating with another wireless device. [0121] Antenna subarray selection scheme 400 may include iteratively selecting subsets of antenna arrays (e.g., subsets of antenna elements 402) based on a status of communications and/or one or more parameters associated with a wireless device and a communications link. For instance, the wireless device (e.g., a UE 115) may determine to reduce the number of antenna elements 402 used for uplink and/or downlink communications based on a level of power consumption at the UE 115. In some cases, the selection of the smaller array may also be based on a possible reduction in link quality (e.g., due to the use of fewer antenna elements 402) that the UE 115 may accept in order to save power (e.g., if a battery level or an amount of energy use satisfies a threshold).see paragraph [0120],[0119] further explains different frequency ranges, i.e. low-band, high-band…for selecting antenna elements for subarrays )
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Gao with Vasanthan’s techniques for antenna subset selection in upper millimeter wave bands. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve power consumption in mobile communication (See paragraph [0004])
Gao does not explicitly disclose measurement the measurement indication of link quality being a Received Signal Strength Indicator (RSSI)
However analogous art Lumbatis (see paragraph [0141] explains MCS and special streams) explains, the most common method currently in use to determine coverage in a network is to assess the RSSI or RCPI of a STAs transmission to its AP. This method allows the network to assess the coverage in the network based on a received signal strength from a STA at the AP. The Wi-Fi Alliance (WFA) has codified these measurements in the Data Elements Specification. Utilization of upstream signal strength and noise floor measurements present various problems.(see paragraph [0033])
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine the modified Gao with Lumbartis’s Systems and methods for assessing WI-FI coverage for client devices in a multi-access point environment. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve coverage measurement (See paragraph [0017])
Regarding claim 2, the method Gao taught the method of claim 1, as described above. The modified Gao further teaches the method further comprising: communicating with the other wireless device using the configured wireless transceiver. (see Gao paragraph [0043]-[0045] ,[0060] explains use of transceiver[0069]-[0072] explains parameters being used between two different devices, Fig.1)
Regarding claim 3, the method Gao taught the method of claim 1, as described above. The modified Gao further teaches the wherein the other wireless device comprises: another wireless mesh router; or a wireless station (STA) device. (see Gao paragraph [0069]-[0072] explains parameters being used between two different devices, Fig.1)
Regarding claim 4, the method Gao taught the method of claim 1, as described above. The modified Gao further teaches the wherein the indication of a link quality comprises one or more of: a Received Channel Power Indicator (RCPI); a data throughput; a data Packet Error Rate (PER); or a Modulation and Coding Scheme (MCS). (see Gao paragraph [0035]-[0036],[0043] explains data error rate, explains parameters being used between two different devices, Fig.1)
Regarding claim 5, the method Gao taught the method of claim 1, as described above. The modified Gao further teaches the wherein the using the determined number of spatial streams to select the channel bandwidth and the Modulation and Coding Scheme for the wireless communication comprises: using the determined number of spatial streams as an input for a lookup in a two-dimensional lookup table of channel bandwidths and Modulation and Coding Schemes. (see Gao paragraphs [0069]-[0071] explains Table 4A and MCS)
Regarding claim 8, the method Gao taught the method of claim 1, as described above. The modified Gao further teaches the wherein the number of spatial streams comprises one or more spatial streams. (see paragraph [008] [0069],[0070] explains spatial streams)
Regarding claim 10. A wireless mesh access router comprising: one or more wireless transceivers; and a processor and memory system to implement a rate controller application that configures the wireless mesh access router to: measure an indication of a link quality between the wireless mesh access router and another wireless device in a wireless mesh network; (see Gao paragraph [0036],[0040] explains transmission parameters based on channel condition(i.e error rate and/or transmission rate Fig.1 and 2) determine a number of spatial streams for a wireless communication based on the measured indication of link quality; (see Gao paragraph [0036] explains transmission parameters based on channel condition) use the determined number of spatial streams to select a channel bandwidth and a Modulation and Coding Scheme (MCS) for the wireless communication; (see Gao paragraph [0036],[0039]-[0040] explains spatial streams and MCS)and configure the one or more wireless transceivers for the wireless communication using the determined number of spatial streams, the selected channel bandwidth, and the selected MCS. see Gao paragraphs [0036], [0069]-[0072] explains parameters being used between two different devices)
While it can be understood the parameters are considered to measuring an indication of link quality, however to further explain and clarify analogous art Vasanthan (see paragraph [0066] explains modulation and coding [0089] explains MIMO and MU-MIMO and spatial stream) is introduced and explains a wireless device, such as a UE 115, a CPE, a repeater (e.g., a smart repeater with a decode and forward capability, a dumb repeater with an amplify and forward capability), a router, or other device, may use the antenna subarray selection scheme 400 when selecting different subsets of antenna elements 402. In some cases, the antenna subarray selection scheme 400 may be used to dynamically modify a size of an antenna array across different time intervals (e.g., symbols, slots, subframes, etc.) while communicating with another wireless device. [0121] Antenna subarray selection scheme 400 may include iteratively selecting subsets of antenna arrays (e.g., subsets of antenna elements 402) based on a status of communications and/or one or more parameters associated with a wireless device and a communications link. For instance, the wireless device (e.g., a UE 115) may determine to reduce the number of antenna elements 402 used for uplink and/or downlink communications based on a level of power consumption at the UE 115. In some cases, the selection of the smaller array may also be based on a possible reduction in link quality (e.g., due to the use of fewer antenna elements 402) that the UE 115 may accept in order to save power (e.g., if a battery level or an amount of energy use satisfies a threshold).see paragraph [0120],[0119] further explains different frequency ranges, i.e. low-band, high-band…for selecting antenna elements for subarrays )
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Gao with Vasanthan’s techniques for antenna subset selection in upper millimeter wave bands. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve power consumption in mobile communication (See paragraph [0004])
Gao does not explicitly disclose measurement the measurement indication of link quality being a Received Channel Power Indicator (RCPI)
However Lumbatis explains The most common method currently in use to determine coverage in a network is to assess the RSSI or RCPI of a STAs transmission to its AP. This method allows the network to assess the coverage in the network based on a received signal strength from a STA at the AP. The Wi-Fi Alliance (WFA) has codified these measurements in the Data Elements Specification. Utilization of upstream signal strength and noise floor measurements present various problems.(see paragraph [0033])
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine the modified Gao with Lumbartis’s Systems and methods for assessing WI-FI coverage for client devices in a multi-access point environment. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve coverage measurement (See paragraph [0017])
Regarding claim 11, the method Gao taught the wireless mesh access router of claim 10, as described above. The modified Gao further teaches the wherein the rate controller application configures the wireless mesh access router to: communicate with the other wireless device using the configured one or more wireless transceivers. (see Gao paragraph [0043]-[0045] ,[0060] explains use of transceiver[0069]-[0072] explains parameters being used between two different devices, Fig.1)
Regarding claim 12, the method Gao taught the wireless mesh access router of claim 10, as described above. The modified Gao further teaches the wherein the other wireless device comprises: another wireless mesh router; or a wireless station (STA) device. (see Gao paragraph [0069]-[0072] explains parameters being used between two different devices, Fig.1)
Regarding claim 13, the method Gao taught the wireless mesh access router of claim 10, as described above. The modified Gao further teaches the wherein the indication of a link quality comprises one or more of: a Received Signal Strength Indicator (RSSI); a data throughput; a data Packet Error Rate (PER); or a Modulation and Coding Scheme (MCS). (see Gao paragraph [0035]-[0036],[0043] explains data error rate, explains parameters being used between two different devices, Fig.1)
Regarding claim 14, the method Gao taught the wireless mesh access router of claim 10, as described above. The modified Gao further teaches the wherein the use of the determined number of spatial streams to select the channel bandwidth and the Modulation and Coding Scheme for the wireless communication configures the wireless mesh access router to: use the determined number of spatial streams as an input for a lookup in a two-dimensional lookup table of channel bandwidths and Modulation and Coding Schemes. (see Gao paragraphs [0069]-[0071] explains Table 4A and MCS)
Regarding claim 17, the method Gao taught the wireless mesh access router of claim 10, as described above. The modified Gao further teaches the wherein the number of spatial streams comprises one or more spatial streams. (see paragraph [008] [0069],[0070] explains spatial streams)
6. Claims 6, 9, 15 and 18 are rejected under 35 U.S.C. §103 as being unpatentable over Gao et al(US 2017/0302401A1) in view of Vasanathan (WO2021150317A1) in view of Lumbatis(US 2020/0396019A1)in further view of Lee et al(US 9991914B1),
Regarding claim 6, the method Gao taught the method of claim 1, as described above. Gao alone does not explicitly disclose these limitations however combined with Lee further teaches the wherein the selected channel bandwidth comprises: a 20 MHz channel bandwidth; a 40 MHz channel bandwidth; an 80 MHz channel bandwidth; a 160 MHz channel bandwidth; or a 320 MHZ channel bandwidth. (see Lee column 23 lines 20-58… discloses the first channel BPF is configured to filter the down-converted TX signal 605 according to a first channel bandwidth (e.g., 40 MHz) to produce the channel-filtered TX signal 607 corresponding to the selected channel bandwidth. The second channel BPF is configured to filter the down-converted TX signal 605 according to a second channel bandwidth (e.g., 80 MHz) to produce the channel-filtered TX signal 607 corresponding to the selected channel bandwidth…. )
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine the modified Gao with Lee’s Bi-directional radio frequency front-end. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve wireless communication between electronic devices thus improving consumption of media items. (See background)
Regarding claim 9, the method Gao taught the method of claim 1, as described above. Gao alone does not explicitly disclose these limitations however combined with Lee further teaches the wherein the wireless mesh network comprises: an IEEE 802.11n wireless network; a Wi-Fi 4 wireless network; an IEEE 802.11ac wireless network; a Wi-Fi 5 wireless network; an IEEE 802.11ax wireless network; a Wi-Fi 6 wireless network; or a Wi-Fi 6E wireless network. (see Lee column 9 lines 27-52 discloses the deployment of forty or more mesh network device may actually be located at various directions than simply north, south, east, and west as illustrated in FIG. 2. Also, it should be noted that here are a limited number of communication channels available to communicate with neighboring mesh nodes in the particular wireless technology, such as the Wi-Fi® 5 GHz band. )
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine the modified Gao with Lee’s Bi-directional radio frequency front-end. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve wireless communication between electronic devices thus improving consumption of media items. (See background)
Regarding claim 15, the method Gao taught the wireless mesh access router of claim 10, as described above. Gao alone does not explicitly disclose these limitations however combined with Lee further teaches the wherein the selected channel bandwidth comprises: a 20 MHz channel bandwidth; a 40 MHz channel bandwidth; an 80 MHz channel bandwidth; a 160 MHz channel bandwidth; or a 320 MHZ channel bandwidth. (see Lee discloses the first channel BPF is configured to filter the down-converted TX signal 605 according to a first channel bandwidth (e.g., 40 MHz) to produce the channel-filtered TX signal 607 corresponding to the selected channel bandwidth. The second channel BPF is configured to filter the down-converted TX signal 605 according to a second channel bandwidth (e.g., 80 MHz) to produce the channel-filtered TX signal 607 corresponding to the selected channel bandwidth. )
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine the modified Gao with Lee’s Bi-directional radio frequency front-end. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve wireless communication between electronic devices thus improving consumption of media items. (See background)
Regarding claim 18, the method Gao taught the wireless mesh access router of claim 10, as described above. Gao alone does not explicitly disclose these limitations however combined with Lee further teaches the wherein the wireless mesh network comprises: an IEEE 802.11n wireless network; a Wi-Fi 4 wireless network; an IEEE 802.11ac wireless network; a Wi-Fi 5 wireless network; an IEEE 802.11ax wireless network; a Wi-Fi 6 wireless network; or a Wi-Fi 6E wireless network. (see Lee discloses the deployment of forty or more mesh network device may actually be located at various directions than simply north, south, east, and west as illustrated in FIG. 2. Also, it should be noted that here are a limited number of communication channels available to communicate with neighboring mesh nodes in the particular wireless technology, such as the Wi-Fi® 5 GHz band; see paragraph [0036]-[0040])
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine the modified Gao with Lee’s Bi-directional radio frequency front-end. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve wireless communication between electronic devices thus improving consumption of media items. (See background)
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD A SMARTH whose telephone number is (571)270-1923. The examiner can normally be reached on Monday-Thursday 6am-4:30pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSEPH AVELLINO can be reached on 571-272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD A SMARTH/Primary Examiner, Art Unit 2478