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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/12/2026 has been entered.
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 (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 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.
Claim(s) 1-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. Pub. No. US 20200260464 A1 in view of Tsai et al. Patent. No. US 11606791 B1
Regarding Claim 1, Zhu teaches a wireless communication device (WCD) for wireless communication (Para 30 and Fig. 1, a network system 100 including multiple nodes or networking devices communicating over a shared medium i.e., a wireless communication device (WCD) for wireless communication), comprising:
one or more memories (Fig. 2 Unit 208 and Para 33, a memory 208); and
one or more processors (Fig. 2 Unit 206 and Para 33, a hardware processor 206), coupled to the one or more memories (Fig. 2 Para 97, storage medium can be coupled to the processor), configured to cause the WCD to:
communicate (Para 48, the nodes select channels for sensing and transmitting in a randomized order i.e., communicating), during a time period (Para 41, every node knows exactly which slot it will be transmitting in and which slot it will be receiving in. Invariably there are slots in which a given node is forced into the wait state during which DSA related activity can take place. FIG. 4C illustrates a MAC underlay signaling process in a Token Passing system where a single token can be passed from one node to another in the network. Any node having the token can send packets. Similar to a CSMA scheme, when the node having the token sends a packet it needs to identify the receiver and it also needs to identify the length of the packet. Thus, when a node reads the packet header and realizes that the packet is not destined for itself, it will go into a wait state for the duration of that packet i.e., during a time period), with a peripheral device via a wireless connection (Para 40, two nodes are communicating on the primary channel i.e., peripheral device is communication with the wireless device), the wireless connection using a first channel for communication (Para 40, iterative DSA operations may refer to successive or continuously sensing or transmitting on the secondary channel while two nodes are communicating on the primary channel i.e., the wireless connection using a first channel for communication);
monitor a second channel during a concurrency time of the wireless connection (Para 40, iterative DSA operations may refer to successive or continuously sensing or transmitting on the secondary channel i.e., monitoring a second channel while two nodes are communicating on the primary channel i.e., monitor a second channel during a concurrency time of the wireless connection), the second channel using a channel availability check (CAC) to obtain resources for communicating (Para 26, Dynamic Spectrum Access (DSA) refers to moving portions or all of the network communications into one or more unused channels to balance out the demands of a network i.e., the second channel using a channel availability check (CAC) to obtain resources for communicating); and
transmit an indication to switch to the second channel for communication (Para 62-63, the network device 200 can perform one of the DSA operations at block 1010. The DSA operations may include sensing state of the selected channel i.e., transmit an indication to switch to the second channel for communication and storing the sensed state into the memory of the network device 200. Further, DSA operations may also include transmitting stored state of channels for that particular node and states of channels received for other nodes i.e., transmit an indication to switch to the second channel for communication).
Zhu does not disclose that second channel is a Dynamic Frequency Selection (DFS) channel and select channel from a list of DFS available channels based at least in part on performance of the CAC.
However, in the same field of endeavor, Tsai teaches the first wireless device performs a CAC on each DFS channel of the first set of DFS channels in a specified order. The first wireless device identifies a second set of DFS channels in which no radar event is found during the respective CAC and generates second data associated with the second set of DFS channels. The first wireless device receives a first request for the second data from a second wireless device. The first wireless device determines a receive signal strength indicator (RSSI) value associated with the first request and sends a first response, including the second data and the RSSI value, to the second wireless device (Abstract).
Tsai teaches second channel is a Dynamic Frequency Selection (DFS) channel (Col 12 L 45-55, the processing logic identifies a second set of DFS channels in which no radar event is found during the respective CAC and the second timestamp data is greater than a specified amount of time (e.g., 30 minutes). The processing logic generates second data that includes i) the identifier, ii) the first value, and v) the second timestamp data for each DFS channel in the second set i.e., second channel is a Dynamic Frequency Selection (DFS) channel)
and select channel from a list of DFS available channels based at least in part on performance of the CAC (Col 11 L 65- Col 12 L 33, At block 404, the processing logic selects a channel with a priority equal to N. The processing logic determines if the “Last CAC Timestamp” for the selected channel is the oldest (block 406). If the “Last CAC Timestamp” is not the oldest at block 406, the processing logic increments N and returns to block 404. If the “Last CAC Timestamp” is the oldest at block 406, the processing logic determines if the “Last CAC Timestamp” is greater than a specified amount of time (e.g., 30 minutes) (block 408). If the “Last CAC Timestamp” is not greater than the specified amount of time at block 408, the processing logic increments N and returns to block 404. If the “Last CAC Timestamp” is greater than the specified amount of time at block 408, the processing logic performs a CAC according to the bandwidth parameter and the CAC duration parameter for the selected channel identifier (block 410). That is, the processing logic performs the CAC for the CAC duration on the selected channel. The processing logic determines whether there are any radar events on the selected channel during the CAC (block 412). If a radar event is found during the CAC, the processing logic removes the channel from the DFS approved list (e.g., Table 2) (or alternatively does not include the channel when generating the DFS approved list) (block 416) and returns to block 402. If a radar event is not found during the CAC, the processing logic adds the channel to the DFS approved list (e.g., Table 2) (block 414) and returns to block 402 i.e., select the second channel from a list of DFS available channel based at least in part on performance of the CAC).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Zhu with the method of Tsai so that many short ranged, low powered wireless communication system can operate in these frequency bands (See Tsai Col 2 L 20-25).
Regarding Claim 2, Zhu teaches wherein the second channel is associated with radar-based signaling, military-based communications, or satellite-based communications (Para 90).
Regarding Claim 3, Zhu teaches wherein the second channel is associated with a transmission power limit that is less than a transmission power limit associated with the first channel (Para 90).
Regarding Claim 4, Zhu teaches wherein the one or more processors are further configured to cause the WCD to: monitor the second channel for availability before transmitting the indication to switch (Para 40-41).
Regarding Claim 5, Zhu teaches wherein the one or more processors, to monitor the second channel, are configured to cause the WCD to: monitor the second channel using a first transmission chain or first radio device that is different from a second transmission chain or second radio device used for communicating using the first channel during the time period (Para 40-41).
Regarding Claim 6, Zhu teaches wherein the one or more processors are further configured to cause the WCD to: perform the CAC before transmitting the indication to switch to the second channel; and select the second channel from one or more available channels that are available based at least in part on performance of the CAC (Para 40).
Regarding Claim 7, Zhu teaches wherein the one or more processors, to select the second channel, are configured to select the second channel based at least in part on one or more of: a congestion of the second channel, a bias toward using a channel that uses CAC to obtain resources for communicating (Para 66).
Regarding Claim 8, Zhu teaches wherein the one or more processors are further configured to cause the WCD to: communicate using the second channel; monitor for communications having a priority that is higher than a priority of the wireless connection; and transmit an indication to switch to a third channel for communications based at least in part on detection, in the second channel, of a communication having a priority that is higher than the priority of the wireless connection (Para 80).
Regarding Claim 9, Zhu teaches wherein the one or more processors are further configured to cause the WCD to: provide, before transmission of the indication to switch to the second channel for communication, an indication to increase a latency of communications via the first channel (Para 40).
Regarding Claim 10, Zhu teaches wherein transmission of the indication to switch to the second channel for communication comprises: transmission of the indication via a channel switch announcement (CSA), or transmission of the indication via a vendor-specific action frame (Para 41).
Regarding Claim 11, Zhu teaches wherein transmission of the indication to switch to the second channel for communication is based at least in part on one or more of: obtaining of resources of the second channel based at least in part on using a CAC, or congestion of the first channel (Para 63).
Regarding Claim 12, Zhu teaches wherein the indication to switch to the second channel for communication comprises one or more of: an indication of parameters of the second channel, or an indication of a time to begin using the second channel (Para 64).
Regarding Claim 13, Zhu teaches wherein the first channel uses the CAC to obtain resource for communicating, or wherein the first channel does not use CAC (Para 40).
Regarding Claim 14, Zhu teaches wherein the peripheral device comprises one or more of: an audio device, an extended reality device, or a video display device (Para 25).
Regarding Claim 15, Zhu teaches a peripheral device for wireless communication (Para 30 and Fig. 1, a network system 100 including multiple nodes or networking devices communicating over a shared medium i.e., a peripheral device for wireless communication), comprising:
a memory (Fig. 2 Unit 208 and Para 33, a memory 208); and
one or more processors (Fig. 2 Unit 206 and Para 33, a hardware processor 206), coupled to the memory (Fig. 2 Para 97, storage medium can be coupled to the processor), configured to cause the peripheral device to:
communicate (Para 48, the nodes select channels for sensing and transmitting in a randomized order i.e., communicating), during a time period (Para 41, every node knows exactly which slot it will be transmitting in and which slot it will be receiving in. Invariably there are slots in which a given node is forced into the wait state during which DSA related activity can take place. FIG. 4C illustrates a MAC underlay signaling process in a Token Passing system where a single token can be passed from one node to another in the network. Any node having the token can send packets. Similar to a CSMA scheme, when the node having the token sends a packet it needs to identify the receiver and it also needs to identify the length of the packet. Thus, when a node reads the packet header and realizes that the packet is not destined for itself, it will go into a wait state for the duration of that packet i.e., during a time period), with a wireless communication device (WCD) via a wireless connection(Para 40, two nodes are communicating on the primary channel i.e., peripheral device is communication with the wireless device), the wireless connection using a first channel for communication(Para 40, iterative DSA operations may refer to successive or continuously sensing or transmitting on the secondary channel while two nodes are communicating on the primary channel i.e., the wireless connection using a first channel for communication); and
receive an indication to switch to a second channel for communication (Para 62-63, the network device 200 can perform one of the DSA operations at block 1010. The DSA operations may include sensing state of the selected channel i.e., receive an indication to switch to a second channel for communication and storing the sensed state into the memory of the network device 200. Further, DSA operations may also include transmitting stored state of channels for that particular node and states of channels received for other nodes i.e., receive an indication to switch to a second channel for communication), the second channel using a channel availability check (CAC) to obtain resources for communicating (Para 26, Dynamic Spectrum Access (DSA) refers to moving portions or all of the network communications into one or more unused channels to balance out the demands of a network i.e., the second channel using a channel availability check (CAC) to obtain resources for communicating).
Zhu does not disclose that second channel is a Dynamic Frequency Selection (DFS) channel and select channel from a list of DFS available channels based at least in part on performance of the CAC.
However, in the same field of endeavor, Tsai teaches the first wireless device performs a CAC on each DFS channel of the first set of DFS channels in a specified order. The first wireless device identifies a second set of DFS channels in which no radar event is found during the respective CAC and generates second data associated with the second set of DFS channels. The first wireless device receives a first request for the second data from a second wireless device. The first wireless device determines a receive signal strength indicator (RSSI) value associated with the first request and sends a first response, including the second data and the RSSI value, to the second wireless device (Abstract).
Tsai teaches second channel is a Dynamic Frequency Selection (DFS) channel (Col 12 L 45-55, the processing logic identifies a second set of DFS channels in which no radar event is found during the respective CAC and the second timestamp data is greater than a specified amount of time (e.g., 30 minutes). The processing logic generates second data that includes i) the identifier, ii) the first value, and v) the second timestamp data for each DFS channel in the second set i.e., second channel is a Dynamic Frequency Selection (DFS) channel)
and select channel from a list of DFS available channels based at least in part on performance of the CAC (Col 11 L 65- Col 12 L 33, At block 404, the processing logic selects a channel with a priority equal to N. The processing logic determines if the “Last CAC Timestamp” for the selected channel is the oldest (block 406). If the “Last CAC Timestamp” is not the oldest at block 406, the processing logic increments N and returns to block 404. If the “Last CAC Timestamp” is the oldest at block 406, the processing logic determines if the “Last CAC Timestamp” is greater than a specified amount of time (e.g., 30 minutes) (block 408). If the “Last CAC Timestamp” is not greater than the specified amount of time at block 408, the processing logic increments N and returns to block 404. If the “Last CAC Timestamp” is greater than the specified amount of time at block 408, the processing logic performs a CAC according to the bandwidth parameter and the CAC duration parameter for the selected channel identifier (block 410). That is, the processing logic performs the CAC for the CAC duration on the selected channel. The processing logic determines whether there are any radar events on the selected channel during the CAC (block 412). If a radar event is found during the CAC, the processing logic removes the channel from the DFS approved list (e.g., Table 2) (or alternatively does not include the channel when generating the DFS approved list) (block 416) and returns to block 402. If a radar event is not found during the CAC, the processing logic adds the channel to the DFS approved list (e.g., Table 2) (block 414) and returns to block 402 i.e., select the second channel from a list of DFS available channel based at least in part on performance of the CAC).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Zhu with the method of Tsai so that many short ranged, low powered wireless communication system can operate in these frequency bands (See Tsai Col 2 L 20-25).
Regarding Claim 16, it has been rejected for the same reasons as claim 2.
Regarding Claim 17, it has been rejected for the same reasons as claim 3.
Regarding Claim 18, it has been rejected for the same reasons as claim 8.
Regarding Claim 19, it has been rejected for the same reasons as claim 9.
Regarding Claim 20, it has been rejected for the same reasons as claim 10.
Regarding Claim 21, it has been rejected for the same reasons as claim 11.
Regarding Claim 22, it has been rejected for the same reasons as claim 12.
Regarding Claim 23, it has been rejected for the same reasons as claim 13.
Regarding Claim 24, it has been rejected for the same reasons as claim 14.
Regarding Claim 25, it has been rejected for the same reasons as claim 1.
Regarding Claim 26, it has been rejected for the same reasons as claim 4.
Regarding Claim 27, it has been rejected for the same reasons as claim 6.
Regarding Claim 28, it has been rejected for the same reasons as claim 15.
Regarding Claim 29, it has been rejected for the same reasons as claim 3.
Regarding Claim 30, it has been rejected for the same reasons as claim 11.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-30have 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.
Conclusion
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647
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