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 .
Detailed Action
This office action is in response to the amended listing of claims filed on March 4, 2026. Claims 9-28 are currently pending of which claims 9, 15, and 21 are currently amended.
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 9-28 are rejected under 35 U.S.C. 103 as being unpatentable over Hmimy et al (US PGPub No: 2019/0364565) in view of Schmidt et al (US PGPub No: 2016/0366655), hereafter referred to as Hmimy and Schmidt, respectively.
With regards to claim 9, Hmimy teaches through Schmidt, a device, comprising: a processing system including a processor; a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising: tracking a determination of whether to grant or deny access to a target spectrum by a user device (Hmimy teaches an approach for determining wireless/radio spectrum assignment and reassignment, particularly CBRS; see paragraphs 23 and 25, Hmimy. Hmimy explains a SAS granting or withdrawing frequency allocation; see paragraphs 90 and 145, Hmimy);
generating a temporary transmission access key that mirrors the determination (Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. See Schmidt below for key/credential);
and transmitting the temporary transmission access key to a spectrum access control implementor coupled to an antenna operating in the target spectrum (see Schmidt below), wherein the spectrum access control implementor is separate from the user device and configured to control access to the target spectrum via the antenna based on the temporary transmission access key (see Schmidt below).
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches a server (i.e. spectrum access control implementor separate from the user device) providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The radio devices having corresponding antenna assemblies; see paragraph 25, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regard to claims 10 and 16, Hmimy teaches through Schmidt, the device wherein the generating further comprises: setting a time value of the temporary transmission access key to a predetermined time duration based on the determination that grants the access to the target spectrum
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The grant access can be for a predetermined amount of time; see claim 11, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 11, Hmimy teaches through Schmidt, the device wherein the generating further comprises: setting a time value of the temporary transmission access key to zero based on the determination that denies access to the target spectrum
Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. Hmimy goes on to explain terminating/expiring (i.e. set timer to zero) the grant and revoking the grantID; see paragraph 157, Hmimy. However, Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The radio devices having corresponding antenna assemblies; see paragraph 25, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regard to claims 12 and 17, Hmimy teaches through Schmidt, the device wherein the tracking the determination further comprises: detecting an unauthorized use to the target spectrum by a first user device that leads to a denial of service; and tracking a determination to block the unauthorized use to the target spectrum by the first user device; wherein the generating the temporary transmission access key further comprises generating the temporary transmission access key having a set time value of zero
Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. Hmimy goes on to explain terminating/expiring (i.e. set timer to zero) the grant and revoking the grantID; see paragraph 157, Hmimy. A user is unauthorized once the timer expires; see paragraph 97, Hmimy. However, Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The radio devices having corresponding antenna assemblies; see paragraph 25, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regard to claims 13 and 18, Hmimy teaches through Schmidt, the device wherein the operations further comprise: receiving a prioritized access request of the target spectrum from a second user device; and wherein the tracking the determination further comprises tracking a determination to stop a current access to the target spectrum in response to the prioritized access request from the second user device (Hmimy teaches tiers spectrum access, PAL (priority access license); se paragraph 97, Hmimy).
With regard to claims 14 and 19, Hmimy teaches through Schmidt, the device wherein the operations further comprise: detecting that the target spectrum corresponds to a spectrum of Citizens Broadband Radio Service (CBRS); and detecting whether or not the user device is an authorized Citizens Broadband Radio Service Device (CBSD); and wherein the tracking the determination further comprises tracking a determination to deny access to the target spectrum upon a determination that the user device is not the authorized CBSD (Hmimy teaches an approach for determining wireless/radio spectrum assignment and reassignment, particularly CBRS; see paragraphs 23 and 25, Hmimy. Hmimy explains a SAS granting or withdrawing frequency allocation; see paragraphs 90 and 145, Hmimy. Hmimy further supports CBSD and granting and revoking frequency allocation; see paragraphs 90-91, Hmimy).
With regards to claim 15, Hmimy teaches through Schmidt, a method, comprising: tracking a determination, by a processing system including a processor, of whether to grant, deny, or modify access to a target spectrum by a user device; generating, by the processing system, a temporary transmission access key that mirrors a tracked determination (Hmimy teaches an approach for determining wireless/radio spectrum assignment and reassignment, particularly CBRS; see paragraphs 23 and 25, Hmimy. Hmimy explains a SAS granting or withdrawing frequency allocation; see paragraphs 90 and 145, Hmimy. Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. See Schmidt below for key/credential);
and transmitting, by the processing system, the temporary transmission access key to a spectrum access control implementor connected to an antenna (see Schmidt below) operating to transmit a radio signal in the target spectrum via a secure communication channel using a predetermined authentication process (Hmimy teaches the access control network can be a private network and can have security requirements mandated by the MSO and/or SAS; see paragraph 126, Hmimy), wherein the spectrum access control implementor is separate from the user device and configured to control access to the target spectrum via the antenna based on the temporary transmission access key.
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches a server (i.e. spectrum access control implementor separate from the user device) providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The radio devices having corresponding antenna assemblies; see paragraph 25, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 20, Hmimy teaches through Schmidt, the method further comprising: detecting, by the processing system, that a request from the user device occupies bandwidth of the target spectrum over a predetermined threshold; and wherein the generating the temporary transmission access key further comprises generating the temporary transmission access key, by the processing system, that deactivates the connection to the antenna upon detection that the user device occupies the bandwidth of the target spectrum over the predetermined threshold
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys or deactivating the connection when over a threshold. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. Schmidt also explains how a power limit may not exceed the limit and when a limit is reached, access to more devices is restricted until operating parameters are renewed; see paragraphs 38 and 59, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 21, Hmimy teaches through Schmidt, a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising:
detecting that a user device is requesting access to a Citizens Broadband Radio Service (CBRS) spectrum; determining whether the user device is an authorized Citizens Broadband Radio Service Device (CBSD) (Hmimy teaches an approach for determining wireless/radio spectrum assignment and reassignment, particularly CBRS; see paragraphs 23 and 25, Hmimy. Hmimy explains a SAS granting or withdrawing frequency allocation; see paragraphs 90 and 145, Hmimy. Grants or authorized states is used by CBSD to be allocated spectrum frequency allocation; see paragraphs 10, 89, and 156-157, Hmimy);
tracking a determination to grant or deny access to the CBRS spectrum by the user device based on whether the user device is an authorized CBSD (Again, Hmimy teaches an approach for determining wireless/radio spectrum assignment and reassignment, particularly CBRS; see paragraphs 23 and 25, Hmimy. Hmimy explains a SAS granting or withdrawing frequency allocation; see paragraphs 90 and 145, Hmimy. Grants or authorized states is used by CBSD to be allocated spectrum frequency allocation; see paragraphs 10, 89, and 156-157, Hmimy);
generating a temporary transmission access key that mirrors the determination (Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. See Schmidt below for key/credential),
wherein the temporary transmission access key includes a time value indicating a duration of permitted access or a zero value to deny access (Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. Hmimy goes on to explain terminating/expiring (i.e. set timer to zero) the grant and revoking the grantID; see paragraph 157, Hmimy); and transmitting the temporary transmission access key to a spectrum access control implementor coupled to an antenna operating in the CBRS spectrum (see Schmidt below), wherein the spectrum access control implementor is separate from the user device.
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches a server (i.e. spectrum access control implementor separate from the user device) providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The radio devices having corresponding antenna assemblies; see paragraph 25, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 22, Hmimy teaches through Schmidt, the non-transitory machine-readable medium wherein the operations further comprise: setting the time value of the temporary transmission access key to a predetermined duration based on a determination to grant access to the CBRS spectrum
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The grant access can be for a predetermined amount of time; see claim 11, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 23, Hmimy teaches through Schmidt, the non-transitory machine-readable medium wherein the operations further comprise: setting the time value of the temporary transmission access key to zero based on a determination to deny access to the CBRS spectrum
Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. Hmimy goes on to explain terminating/expiring (i.e. set timer to zero) the grant and revoking the grantID; see paragraph 157, Hmimy. However, Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The radio devices having corresponding antenna assemblies; see paragraph 25, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 24, Hmimy teaches through Schmidt, the non-transitory machine-readable medium wherein the operations further comprise: receiving a prioritized access request for the CBRS spectrum from a second user device; and tracking a determination to terminate a current access to the CBRS spectrum by the user device in response to the prioritized access request (Hmimy teaches tiers spectrum access, PAL (priority access license); se paragraph 97, Hmimy).
With regards to claim 25, Hmimy teaches through Schmidt, the non-transitory machine-readable medium wherein the operations further comprise: detecting that a request from the user device occupies bandwidth of the CBRS spectrum over a predetermined threshold; and generating the temporary transmission access key to deactivate a connection to the antenna based on detection that the user device occupies the bandwidth of the CBRS spectrum over the predetermined threshold
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys or deactivating the connection when over a threshold. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. Schmidt also explains how a power limit may not exceed the limit and when a limit is reached, access to more devices is restricted until operating parameters are renewed; see paragraphs 38 and 59, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 26, Hmimy teaches through Schmidt, the non-transitory machine-readable medium wherein the transmitting the temporary transmission access key to a spectrum access control implementor comprises: transmitting the temporary transmission access key to the spectrum access control implementor via a secure communication channel using a predetermined authentication process (Hmimy teaches the access control network can be a private network and can have security requirements mandated by the MSO and/or SAS; see paragraph 126, Hmimy).
With regards to claim 27, Hmimy teaches through Schmidt, the non-transitory machine-readable medium wherein the operations further comprise: periodically renewing the temporary transmission access key based on ongoing determinations regarding access to the CBRS spectrum
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The access renewal may be made periodically; see paragraph 60, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
With regards to claim 28, Hmimy teaches through Schmidt, the non-transitory machine-readable medium, wherein the generating a temporary transmission access key comprises: generating the temporary transmission access key including information specifying a target frequency within the CBRS spectrum for transmission or reception by the antenna
While Hmimy teaches a wireless network that supports CBRS (citizens broadband radio spectrum) and manages access such as via SAS (spectrum access system), Hmimy does not explicitly cite the use of keys. In the same field of endeavor, Schmidt also teaches a wireless network that manages spectrums, including CBRS (see paragraphs 6, 21, and 23, Schmidt). Schmidt teaches providing/granting channel access credentials to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires; see paragraph 97, Schmidt. The access credentials are issued by the server and enable radio devices to use shared spectrum within limits; see paragraphs 37-38 and 43, Schmidt. The radio devices having corresponding antenna assemblies; see paragraph 25, Schmidt.
By using credentials, networks can device access to spectrum ensuring transmissions remain at levels that won’t harm transmission from CBSDs/devices; see paragraph 6, 26, 29, and 32, Schmidt. Therefore, it would have been obvious to one skilled in the art, before the effective filing date, to have combined the teachings of Schmidt with those of Hmimy to control spectrum access to manage transmission levels; see paragraphs 6, 26, 29, and 32, Schmidt.
The obviousness motivation applied to independent claims 9, 15, and 21 are applicable to their respective dependent claims.
Response to Arguments
Applicant's arguments filed March 4, 2026 have been fully considered but they are not persuasive. The following are the examiner’s response to the applicant’s arguments.
The first argument presented by the applicant concerns the limitation, “…generating a temporary transmission access key that mirrors the determination…” Applicant alleges that Hmimy’s grant having an expiration timer is a protocol-level expiration and does not reasonably teach or suggest a temporary transmission access key. The examiner disagrees. First, applicant’s assertion that Hmimy is teach a protocol-level expiration is their own interpretation but, not a reasonable one. The claimed term temporary itself is rooted from the Latin term tempus, that is “time”. Applicant’s claims do not recite the level at which their key is temporary, nor does Hmimy (nor does Schmidt). It merely states the key is temporary, or rather is valid as a key for a period of time until it expires. Hmimy teaches the grant/access expiring, this simply teaches access control being temporary. Applicant’s argument also fails to be persuasive since it is also a piecemeal analysis. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Schmidt is relied upon for the key, as explicitly stated in the rejection. Schmidt teaches a server (i.e. spectrum access control implementor separate from the user device) providing/granting channel access credentials (i.e. transmission access key) to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires (i.e. key is temporary); see paragraph 97, Schmidt. So, Schmidt teaches providing channel access credentials (i.e. transmission access key) that expire (i.e. are temporary). As such, the argument is not deemed persuasive.
The next argument presented by the applicant concerns the Schmidt reference. Applicant alleges that Schmidt fails to teach the claimed “temporary transmission access key”. Applicant alleges that Schmidt teaches the issuance of spectrum access credentials that constrain transmitter operation. This argument is unclear and the examiner respectfully disagrees that Schmidt fails to teach the claimed “temporary transmission access key”. The argument is unclear because applicant did not explain why an “access credential” cannot be an “access key”. In the field of cryptography, key and credentials are synonymous. Continuing on, Schmidt teaches a server (i.e. spectrum access control implementor separate from the user device) providing/granting channel access credentials (i.e. transmission access key) to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. That is, grant access to transfer on the spectrum. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires (i.e. key is temporary); see paragraph 97, Schmidt. So, Schmidt teaches providing channel access credentials (i.e. transmission access key) that expire (i.e. are temporary). Again, this argument is not deemed persuasive.
The following argument presented by the applicant concerns the amended claim limitation of “the spectrum access control implementor is separate from the user device…” Applicant alleges that Schmidt’s radio devices are simply user devices themselves and not separate from the user device. The examiner respectfully disagrees. The updated rejection explains how Schmidt teaches a server (i.e. spectrum access control implementor separate from the user device) providing/granting channel access credentials (i.e. transmission access key) to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. The server itself is separate from the user device and is granting/controlling access. Therefore, this argument fails to be persuasive.
Substantially similar arguments are made for independent claims 15 and 21. The same rationales explained above applies to these claims as well.
The final argument presented by applicant focuses on the claimed “the temporary transmission access key includes a time value indicating a duration of permitted access or a zero value to deny access”. Applicant argues that this limitation is not taught. The examiner disagrees. This limitation is similar to that of claim 11 and the same rationale applies. Hmimy teaches a grant having an expiration timer; see paragraph 156, Hmimy. Hmimy goes on to explain terminating/expiring (i.e. set timer to zero) the grant and revoking the grantID; see paragraph 157, Hmimy. Schmidt similarly teaches access expiring. Schmidt teaches a server (i.e. spectrum access control implementor separate from the user device) providing/granting channel access credentials (i.e. transmission access key) to qualified radio devices to make use of the wireless spectrum; see paragraph 32, Schmidt. That is, grant access to transfer on the spectrum. Schmidt explains how without spectrum access credential (key) renewal, radio’s authorization to use a channel expires (i.e. key is temporary); see paragraph 97, Schmidt. So, Schmidt teaches providing channel access credentials (i.e. transmission access key) that expire (i.e. are temporary). In computing, expiration means for a clock/timer to come down to zero. As such, this argument also fails to be persuasive.
Conclusion
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 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 AZIZUL Q CHOUDHURY whose telephone number is (571)272-3909. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EMMANUEL MOISE can be reached at (571) 272-3865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AZIZUL CHOUDHURY/Primary Examiner, Art Unit 2455
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