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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 14, and 24-28 are rejected under 35 U.S.C. 101 because the claims are directed to non-statutory subject matter. The claims recite, “A non-volatile or non-transitory computer-readable storage medium”. However, the claims do not exclude non-statutory subject matter. That is, the computer-readable storage medium is not strictly non-transitory (statutory subject matter) because it is claimed in an alternate way.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 14-16, 20, 24, and 26-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Merlin et al. (US 2018/0205502 A1).
Regarding claim 14, Merlin discloses a non-volatile or non-transitory computer-readable storage medium storing one or more programs, the one or more programs comprising computer instructions, which, when executed by a processor (paragraph [0011]-[0012]; [0029]-[0030]; [0116]; [0142]-[0145]; and so on), cause the processor to: establish a dynamic bandwidth expansion element, wherein the dynamic bandwidth expansion element comprises at least two different network links (Link 1, Link 2, and Link 3) (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on, explaining signaling or establishing dynamic bandwidth control (e.g. expansion) including plurality of links); and configure an external interface for the dynamic bandwidth expansion element (figs. 3-5, illustrating configuring external interfaces such as PHY for the dynamic bandwidth expansion).
Regarding claim 15, Merlin discloses an electronic device, comprising a memory and a processor, wherein the memory stores one or more programs, the one or more programs comprising computer instructions, which, when executed by the processor, cause the processor to: establish a dynamic bandwidth expansion element, wherein the dynamic bandwidth expansion element comprises at least two different network links (Link 1, Link 2, and Link 3) (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); and configure an external interface for the dynamic bandwidth expansion element (figs. 3-5).
Regarding claim 16, Merlin discloses wherein the processor is further caused to: establish the dynamic bandwidth expansion element on a device with a multi-link aggregation function (figs. 3-5; [0078]; [0084]; [0090]; and so on).
Regarding claim 20, Merlin discloses wherein the processor is further caused to: enable a wireless connection interface of the device with the multi-link aggregation function (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on).
Regarding claim 24, Merlin discloses wherein the processor is further caused to: establish the dynamic bandwidth expansion element on a device with a multi-link aggregation function (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on).
Regarding claim 26, Merlin discloses wherein the processor is further caused to: connect the device with the multi-link aggregation function to a network through the at least two different network links respectively (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); and enable an aggregation and forwarding function of the device (figs. 3-5).
Regarding claim 27, Merlin discloses wherein the processor is further caused to: connect the device with the multi-link aggregation function to a network through the at least two different network links respectively (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); and enable an aggregation and forwarding function of the device (figs. 3-5).
Regarding claim 28, Merlin discloses wherein the processor is further caused to: enable a wireless connection interface of the device with the multi-link aggregation function (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on).
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.
The factual inquiries 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 1-5, 17-19, 21-23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Merlin in view of Zhu et al. (US 2024/0259857 A1).
Regarding claim 1, Merlin discloses a dynamic bandwidth expansion method (paragraph [0078]), comprising: establishing a dynamic bandwidth expansion element, wherein the dynamic bandwidth expansion element comprises at least two different network links (Link 1, Link 2, and Link 3) (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); configuring an external interface for the dynamic bandwidth expansion element (figs. 3-5).
Merlin doesn’t disclose connecting with the external interface and communicating with a server through the at least two different network links.
Zhu teaches connecting with the external interface and communicating with a server through the at least two different network links (fig. 1-3; and etc.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use connecting with the external interface and communicating with a server through the at least two different network links as taught by Zhu into Merlin in order to improve efficiency and resource utilization.
Regarding claim 2, Merlin discloses wherein said establishing the dynamic bandwidth expansion element comprises: establishing the dynamic bandwidth expansion element on a device with a multi-link aggregation function (figs. 3-5; [0078]; [0084]; [0090]; and so on).
Regarding claim 3, Merlin discloses wherein the device with the multi-link aggregation function, and the at least two different network links (e.g. figs. 3-5). Merlin doesn’t disclose comprises a smartphone or a Customer Premise Equipment (CPE); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link.
Zhu teaches comprises a smartphone or a Customer Premise Equipment (CPE) (e.g. paragraph [0246]); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link (paragraph [0253]; [0267]; [0323]; [0341]; [0179]; [0183]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use comprises a smartphone or a Customer Premise Equipment (CPE); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link as taught by Zhu into Merlin in order to improve efficiency and resource utilization, and to reduce delay.
Regarding claim 4, Merlin discloses wherein said establishing the dynamic bandwidth expansion element on the device with the multi-link aggregation function comprises: connecting the device with the multi-link aggregation function to a network through the at least two different network links respectively (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); and enabling an aggregation and forwarding function of the device (figs. 3-5).
Regarding claim 5, Merlin discloses wherein said configuring the external interface for the dynamic bandwidth expansion element comprises: enabling a wireless connection interface of the device with the multi-link aggregation function (figs. 3-5).
Regarding claim 17, Merlin discloses wherein the device with the multi-link aggregation function, and the at least two different network links (e.g. figs. 3-5). Merlin doesn’t disclose comprises a smartphone or a Customer Premise Equipment (CPE); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link.
Zhu teaches comprises a smartphone or a Customer Premise Equipment (CPE) (e.g. paragraph [0246]); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link (paragraph [0253]; [0267]; [0323]; [0341]; [0179]; [0183]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use comprises a smartphone or a Customer Premise Equipment (CPE); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link as taught by Zhu into Merlin in order to improve efficiency and resource utilization, and to reduce delay.
Regarding claim 18, Merlin discloses wherein the processor is further caused to: connect the device with the multi-link aggregation function to a network through the at least two different network links respectively (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); and enable an aggregation and forwarding function of the device (figs. 3-5).
Regarding claim 19, Merlin discloses wherein the processor is further caused to: connect the device with the multi-link aggregation function to a network through the at least two different network links respectively (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); and enable an aggregation and forwarding function of the device (figs. 3-5).
Regarding claim 21, Merlin discloses wherein the processor is further caused to: enable a wireless connection interface of the device with the multi-link aggregation function (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on).
Regarding claim 22, Merlin discloses wherein said establishing the dynamic bandwidth expansion element on the device with the multi-link aggregation function comprises: connecting the device with the multi-link aggregation function to a network through the at least two different network links respectively (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on); and enabling an aggregation and forwarding function of the device (figs. 3-5).
Regarding claim 23, Merlin discloses wherein said configuring the external interface for the dynamic bandwidth expansion element comprises: enabling a wireless connection interface of the device with the multi-link aggregation function (figs. 3-5; paragraph [0078]; [0084]; [0090]; and so on).
Regarding claim 25, Merlin discloses wherein the device with the multi-link aggregation function, and the at least two different network links (e.g. figs. 3-5). Merlin doesn’t disclose comprises a smartphone or a Customer Premise Equipment (CPE); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link.
Zhu teaches comprises a smartphone or a Customer Premise Equipment (CPE) (e.g. paragraph [0246]); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link (paragraph [0253]; [0267]; [0323]; [0341]; [0179]; [0183]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use comprises a smartphone or a Customer Premise Equipment (CPE); and the at least two different network links comprise two or more selected from a group consisting of a 4G network link, a 5G network link, and a Wi-Fi network link as taught by Zhu into Merlin in order to improve efficiency and resource utilization, and to reduce delay.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIBROM T HAILU whose telephone number is (571)270-1209. The examiner can normally be reached M-F 8:00 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUY D VU can be reached at (571)272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIBROM T HAILU/Primary Examiner, Art Unit 2461