DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This action is in response to the application filed on December 05,2025
Claims 1-21 is/are under examination.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in (GB) on 12/18/2020.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
Claims 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donovan (USP 2007/0165556) in view of Bartolucci et al. (USP: 2021/0226986)
As per claim 1 Donovan teaches a method of operating a digital radio transmitter device in accordance with a predetermined communication protocol defining a default inter-frame spacing, the digital radio transmitter device having a minimum inter-frame spacing shorter than said default inter-frame spacing, the method comprising:
transmitting a first data packet indicating that the digital radio transmitter device is able to support an inter-frame spacing shorter than said default inter-frame spacing (Paragraph 0014, 0015, 0022 The control module selects the second IFS time when the RF transceiver receives m-1 data packets. The control module selects the default IFS time when the RF transceiver has received fewer than m-1 data packets. A control module communicates with the RF transceiver, determines a default interframe space (IFS) time based on the beacon, and that selects one of the default IFS time and a second IFS time that is less than or equal to the default IFS time based on a number of data packets received after the beacon.. ); receiving a second data packet from a peer device after said default inter-frame spacing (Paragraph 0016, 0018 The power management module transitions the wireless network device to the inactive mode after the RF transceiver transmits a data packet. A wireless network comprising the wireless network device further comprises N-1 other wireless network devices. The power management module transitions the wireless network device to the inactive mode after all of the N wireless network devices transmit a data packet.);
if said second data packet indicates that said peer device is able to support an inter-frame spacing shorter than said default inter-frame spacing, transmitting a third data packet using a first inter-frame spacing shorter than said default inter-frame spacing(Paragraph 0018, 0094 The third client station waits the third delta time 3 as illustrated at 134, and then transmits a data packet as illustrated at 136. The nth client station waits the nth delta time n as illustrated at 138, and then transmits a data packet as illustrated at 139. A default interframe space (IFS) time based on the beacon, and for selecting one of the default IFS time and a second IFS time that is less than or equal to the default IFS time based on a number of data packets received after the beacon.); and
if said second data packet does not indicate that said peer device is able to support an inter-frame spacing shorter than said default inter-frame spacing, transmitting said third data packet using said default inter-frame spacing (Paragraph 0104, 0121, 0122 The third and nth client stations do not receive the data packet from the second client station. For example, noise may corrupt the transmission from the second client station. Therefore, the third and nth client stations are not able to use IFS time 1, and use the default IFS times 3, and n, respectively. The third client station receives the data packet from the first client station and transmits a data packet after the IFS time 1 as illustrated at 266. The fifth client station receives the data packets from the first and third client stations and transmits a data packet after the IFS time 1 as illustrated at 268. ).
However Donovan does not explicitly disclose data packet does not indicate that said peer device is able
Bartolucci teaches data packet does not indicate that said peer device is able (Paragraph 0015, 0152, 0155 For example, an additional bit may be set in the at least one first data packet that is forwarded to a peer not included in the second subset to indicate that further relays of said data packet to other nodes is prohibited. Transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping may include, for the at least one first data packet: transmitting, to peer nodes included in the second subset, the at least one first data packet; and transmitting, to peer nodes of the first set that are not included in the second subset, );
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Donavan to include the teaching of Bartolucci so the data packet to the peer nodes of the first set that are not included in the second subset.. (See Bartolucci Paragraph 0153).
As per claim 2 Donovan-Bartolucci teaches the method as claimed in claim 1 wherein the first data packe t comprises information relating to said minimum inter-frame spacing (Paragraph 0109, 0110 each data packet includes information that identifies its order in the station access sequence. In this manner, a receiving client station is able to determine if a particular data packet was transmitted by the immediately preceding client station. If a given client station receives the data packet from the immediately preceding client station, the client station waits the IFS time 1. If all client stations receive the data packet from the corresponding immediately preceding client station, all client stations wait the IFS time 1 as shown previously in FIG. 7A ).
As per claim 3 Donovan-Bartolucci teaches the method as claimed in claim 1 wherein the second data packet indicates a peer inter-frame spacing shorter than said default inter-frame spacing (Paragraph 0014, 0015, A control module communicates with the RF transceiver, determines a transmission position m and a default IFS time based on the beacon, selects a second IFS time when the RF transceiver receives a data packet from a second wireless network device having a transmission position m-1 A control module communicates with the RF transceiver, determines a default interframe space (IFS) time based on the beacon, and that selects one of the default IFS time and a second IFS time that is less than or equal to the default IFS time based on a number of data packets received after the beacon. ).
As per claim 4 Donovan-Bartolucci teaches the method as claimed in claim 1 comprising: if said second data packet indicates a peer inter-frame spacing shorter than said default inter-frame spacing, determining a longest inter-frame spacing from said peer inter-frame spacing and said minimum inter-frame spacing and transmitting the third data packet using said longest inter-frame spacing as the first inter-frame spacing shorter than the default inter-frame spacing; and if said second data packet does not indicate a peer inter-frame spacing shorter than said default inter-frame spacing, transmitting said third data packet using said default inter-frame spacing (Paragraph 0014, 0016 A control module communicates with the RF transceiver, determines a default interframe space (IFS) time based on the beacon, and that selects one of the default IFS time and a second IFS time that is less than or equal to the default IFS time based on a number of data packets received after the beacon. The control module includes an IFS timer that is reset when data packets are received. The RF transceiver transmits a data packet after one of the default IFS time and the second IFS time. A power management module that transitions the wireless network device between an active mode and an inactive mode. The power management module transitions the wireless network device to the active mode prior to a scheduled beacon time. ).
As per claim 5 Donovan-Bartolucci teaches the method as claimed in claim 1 comprising the digital radio transmitter device transmitting an acknowledgement of the second data packet using the default inter-frame spacing, prior to transmitting the third data packet (Paragraph 0093, 0094 When transmission of a data frame or packet over the medium is complete, the device that receives the data packet may transmit an acknowledgment data packet if the destination of the packet is a single receiver.).
As per claim 6 Donovan-Bartolucci teaches the method as claimed in claim 1 wherein the second or third data packet comprises timing information indicating a time for the digital radio transmitter device or peer device to implement the first inter-frame spacing (Paragraph 0103, 0104, 0109 see FIG. 7B, the timing diagram 140 illustrates operation of the client stations when one client station does not receive a data packet from a preceding client station. The first client station transmits a data packet after IFS time 1 as illustrated at 158. However, the second client station does not properly receive the data packet from the first client station. ).
As per claim 7 Donovan-Bartolucci teaches the method as claimed in claim 6 wherein the timing information comprises an event counter offset or an event number at which the digital radio transmitter device or peer device should implement the first inter-frame spacing (Paragraph 0022, 0089The calibration module 102 receives an output of the LP oscillator 100 and a PLL 104 and calibrates a value of a counter 106 that is used to calculate the duration of the inactive mode. The calibration can be performed periodically, on an event basis, randomly, before transitioning to the inactive mode and/or on any other suitable basis. selecting one of the default IFS time and a second IFS time that is less than or equal to the default IFS time based on a number of data packets received after the beacon.).
As per claim 8 Donovan-Bartolucci teaches the method as claimed in claim 6 wherein the timing information indicates the beginning of a specific connection interval (Paragraph 0081, In this manner, a given client station will transmit data according to a first IFS time during a first beacon interval, and according to a second or different IFS time during a second beacon interval. In the infrastructure or ad hoc mode, all client stations transmit frames to every other client station during each beacon interval. The IFS times of each client station dictate a client access sequence for a given beacon interval.).
As per claim 9 Donovan-Bartolucci teaches the method as claimed in claim 1 wherein the predetermined communication protocol is one compatible with a Bluetooth™ protocol (Paragraph 0005, 0079 During operation, the power management device instructs some of the modules to transition to a low power mode to conserve power. During the low power mode, the client station shuts down components and/or alters operation to conserve power. Usually, the client station is not able to transmit or receive data during the lower power mode. ).
As per claim 10 Donovan-Bartolucci teaches the method as claimed in claim 1 comprising transmitting the first data packet after the digital radio transmitter device and the peer device have established a connection using the default inter-frame spacing (Paragraph 0014, 0015 A control module communicates with the RF transceiver, determines a default interframe space (IFS) time based on the beacon, and that selects one of the default IFS time and a second IFS time that is less than or equal to the default IFS time based on a number of data packets received after the beacon.).
As per claim 11 Donovan-Bartolucci teaches a non-transitory computer readable medium comprising instructions configured to cause a digital radio transmitter device to operate in accordance with the method as claimed in claim 1 (Paragraph 0016-0019 In still other features, the control module includes an IFS timer that is reset when data packets are received. The RF transceiver transmits a data packet after one of the default IFS time and the second IFS time. The timing means is reset when data packets are received and the transmitting and receiving means transmits a data packet after one of the default IFS time and the second IFS time. ).
Claims 12-21 are the device claims corresponding to the method claims 1-11 that have been rejected above. Applicant attention is directed to the rejection of claims 1-11. Claims 12-21 are rejected under the same rational as claims 1-11.
Response to Argument(s)
Applicant's argument(s) filed on December 05, 2025 have been fully considered but they are not persuasive. Therefore, the rejection is maintained.
In the remarks, at page 7-8 the Applicant argues in substance that:
Remark: “Specifically, Donovan does not disclose a digital radio transmitter device which operates in accordance with a predetermined communication protocol that defines a default inter-frame spacing. In addition, there is no disclosure in Donovan of a digital radio transmitter device which negotiates the use of a shorter inter-frame spacing with a peer device by transmission of specific data packets, as required by claim 1: The radio device of Donovan therefore assumes that the shorter IFS can be supported by other devices in the network, but this is not confirmed by transmitting and receiving data packets, as in claim 1:
Response: In response, Examiner respectfully disagrees with applicant’s representative’s assertions. The Examiner has thoroughly reviewed Applicants' representative’s arguments but firmly believes that the cited references to reasonably and properly meet the claimed limitation. Applicant’s representative’s are reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Examiner appreciates applicant’s representative’s explanation however, Donovan explicitly states that a wireless network device comprises an RF transceiver that transmits and receives data packets and that periodically transmits or receives a beacon. A control module communicates with the RF transceiver, determines a default interframe space (IFS) time based on the beacon, and that selects one of the default IFS time and a second interframe space time that is less than or equal to the default interframe space time based on a number of data packets received after the beacon. Other features, the beacon includes data that is indicative of a transmission position m for the wireless network device. The control module selects the second interframe space time when the RF transceiver receives m-1 data packets. The control module selects the default interframe space time when the RF transceiver has received fewer than m-1 data packets. Donovan also states clearly that the wireless network device also transmitting and receiving data with a wireless network device comprises at least one of transmitting and receiving data packets, at least one of periodically receiving and transmitting a beacon, determining a default interframe space (IFS) time based on the beacon, and selecting one of the default IFS time and a second IFS time that is less than or equal to the default IFS time based on a number of data packets received after the beacon... Example from Donovan (Paragraph 0016 the control module includes an interframe space timer that is reset when data packets are received. The RF transceiver transmits a data packet after one of the default interframe space time and the second interframe space time. A power management module that transitions the wireless network device between an active mode and an inactive mode. The power management module transitions the wireless network device to the active mode prior to a scheduled beacon time. The power management module transitions the wireless network device to the inactive mode after the RF transceiver transmits a data packet. A wireless network comprising the wireless network device further comprises N-1 other wireless network devices. The power management module transitions the wireless network device to the inactive mode after all of the N wireless network devices transmit a data packet....)
Therefore Donovan and Bartolucci reference teaches the claim limitation as currently presented.
Examiner’s Note
Examiner is open for discussion if the applicant’s representative need further clarifications.
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 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED ALI whose telephone number is (571)270-3681. The examiner can normally be reached on M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached on 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov . Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SYED ALI/Primary Examiner, Art Unit 2463
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