Prosecution Insights
Last updated: October 02, 2026
Application No. 18/307,391

SYSTEM FOR AND METHOD OF NON-PRIMARY CHANNEL UTILIZATION IN A NETWORK

Final Rejection §103
Filed
Apr 26, 2023
Priority
Nov 12, 2022 — IN 202221064890
Examiner
CHANG, YU-WEN
Art Unit
2400
Tech Center
2400 — Computer Networks
Assignee
Avago Technologies International Sales Pte. Limited
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
278 granted / 339 resolved
+24.0% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
15 currently pending
Career history
353
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
67.6%
+27.6% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 339 resolved cases

Office Action

§103
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 Arguments Applicant’s arguments with respect to claims have been considered but are moot in view of new ground of rejection. Claim Objections Claim 1 is objected to because of the following informalities: in line 11, “the set of channels are ... include” should be “the set of channels is ... includes”. Claim 11 is objected to because of the following informalities: in line 1, “the set of channels are” should be “the set of channels is”. Claim 12 is objected to because of the following informalities: in line 1, “the set of channels are” should be “the set of channels is”. Appropriate correction is required. 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. 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. Claims 1, 3-7, 11, 13-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2020/0413465) in view of Asterjadhi et al. (US 2020/0077421). Regarding Claim 1, Park teaches a first device for communicating with a second device ([0050] an AP and a STA), the first device comprising: circuitry configured to: communicate with the second device using a primary channel ([0054] When an AP has a packet to transmit, the AP performs CCA (clear channel assessment) on the primary 20 MHz channel and follows the PIFS rule for the secondary channels); detect occupation on the primary channel by a third device ([0052] The AP and the STA may use more than one secondary channel or band for a packet transmission when the primary channel is busy; [0054] When an AP has a packet to transmit, the AP performs CCA (clear channel assessment) on the primary 20 MHz channel and follows the PIFS rule for the secondary channels; [0056] If the primary 20 MHz channel is busy and a packet is detected on the primary 20 MHz channel, the AP decodes the PHY preamble or the MAC header of the packet to determine if the packet is from OBSS. This may be done based on the BSS color information in the HE-SIGA field in the PHY preamble of the HE PPDU or the Address field of the MAC header. This may be done by decoding Control frames); and communicate with the second device using a secondary channel in response to the occupation by the third device ([0017] transmit and receive a packet on a secondary channel when the primary channel is occupied by a packet from a neighboring STA in an OBSS. The transmitting and receiving STAs switch to the secondary channel after determining that the packet on the primary 20 MHz channel is from OBSS and transmit/receive a packet on the secondary channel if the secondary channel is idle while the primary channel is busy; [0038] transmit and receive a packet on a secondary channel when the primary channel is occupied by a packet from a neighboring STA in an OBSS. The transmitting and receiving STAs switch to the secondary channel after determining that the packet on the primary 20 MHz channel is from OBSS and transmit/receive a packet on the secondary channel if the secondary channel is idle while the primary channel is busy; [0052] The AP and the STA may use more than one secondary channel or band for a packet transmission when the primary channel is busy. The AP and the STA may define a sequence of the secondary channels to check. For example, if the secondary20, secondary40-lower-20 MHz, secondary40-upper-20 MHz are used for a packet transmission, the AP and the STA will first check the secondary20 and if it is idle, transmit the packet on the channel. If the secondary 20 MHz is busy, then check the next in the sequence, seconday40-lower-20 MHz and then secondary40-upper-20 MHz; [0056] If the primary 20 MHz channel is busy and a packet is detected on the primary 20 MHz channel, the AP decodes the PHY preamble or the MAC header of the packet to determine if the packet is from OBSS. This may be done based on the BSS color information in the HE-SIGA field in the PHY preamble of the HE PPDU or the Address field of the MAC header. This may be done by decoding Control frames; [0057] If the packet is from OBSS, the AP stops decoding the packet and resumes the contention window (CW) countdown on the secondary channel if the secondary channel is idle; [0063] If the packet is for another STA or from OBSS, it stops decoding the packet, updates the NAV of the channel, and continue listening to the secondary channel it pre-arranged with the AP), the secondary channel being chosen from a set of channels, the set of channels being determined at least partially in response to information exchanged during an association procedure of the first device and the second device, the association procedure configured to coordinate communication between the first device and the second device ([0023] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0044] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy. This may be expanded to non-contiguous 80+80 or 160+160 MHz operation, or across different bands). However, Park does not teach wherein the set of channels are non-continuous and include a channel for each of a plurality of contiguous sub-bands of an operating bandwidth of the first device. In an analogous art, Asterjadhi teaches wherein the set of channels are non-continuous and include a channel for each of a plurality of contiguous sub-bands of an operating bandwidth of the first device ([0127] The frame 200 may be transmitted over a radio frequency spectrum band, which may include a plurality of sub-bands. For example, the radio frequency spectrum band may have a bandwidth of 80 MHz, and each of the sub-bands may have a bandwidth of 20 MHz. In some examples the sub-bands may be associated with a primary channel and one or more secondary channels; AP 300 may configure a primary channel in a first sub-band of the AP bandwidth, may configure a first secondary channel in a second sub-band of the AP bandwidth, and may configure one or more other secondary channels in other sub-bands of the AP bandwidth; [0145] In the example of FIG. 5A, an available AP bandwidth 505 may span a relatively wide bandwidth. For example, available AP bandwidth 505 may span 320 MHz in a 6 GHz frequency band. In this example, a number of channels may be configured, including a first channel 520 that may be configured as a primary channel, and a number of secondary channels 525 such as second channel 525-a, third channel 525-b, and fourth channel 525-c. ... Such channel configuration may be repeated across the entire available AP bandwidth 505, such as is illustrated in FIG. 5A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Asterjadhi’s method with Park’s method so that it can provide low latency communications in a wireless communication system. Some implementations more specifically relate to configuring an access point (AP) and one or more stations (STAs) with one or more channels for non-low latency communications, and one or more other channels for low latency communications (Asterjadhi [0111]). Regarding Claim 3, the combination of Park and Asterjadhi, specifically Park teaches the first device comprises a station (STA) device communicating via a protocol employing 20 MHz beacon signals ([0050] An AP and a STA listen to the primary 20 MHz channel of the operation bandwidth; [0024] The STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors). Regarding Claim 4, the combination of Park and Asterjadhi, specifically Park teaches the information comprises a first capability of the first device and a second capability of the second device ([0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy). Regarding Claim 5, the combination of Park and Asterjadhi, specifically Park teaches the first capability comprises a capability to perform a preamble decode operation in parallel on multiple channels ([0024] The STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors; [0045] the single-radio multi-channel medium access 142 may facilitate that the STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy). Regarding Claim 6, the combination of Park and Asterjadhi, specifically Park teaches a number of the channels in the set of the channels is less than or equal to a number of the multiple channels upon which the preamble decode operation is performed in parallel ([0024] The STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors; [0045] the single-radio multi-channel medium access 142 may facilitate that the STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy). Regarding Claim 7, the combination of Park and Asterjadhi, specifically Park teaches the second capability comprises a capability to perform a clear channel assessment operation in parallel on multiple channels ([0024] The STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors; [0045] the single-radio multi-channel medium access 142 may facilitate that the STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy). Regarding Claim 11, the combination of Park and Asterjadhi, specifically Park teaches the set of channels are channels used for a data transfer ([0019] The switching time to the secondary channel may depend on the packet the STAs receive on the primary channel as follows: [0020] If the packet is VHT or HE PPDUs, the switching happens after the VHT-SIGA or HE-SIGA field. [0021] If the packet is non-HT or HT PPDUs, the switching happens after the RA field of the MAC header of the packet; [0073] At block 606, the device may select the secondary channel for packet transmission while the primary channel is occupied by the first packet. The device may determine the first packet is a very high throughput (VHT) physical layer (PHY) protocol data unit (PPDU) or an high efficiency (HE) PPDU. The device may switch to the second channel after a reception of a VHT-SIGA field or an HE-SIGA field of the first packet on the primary channel. The device may determine the first packet contains a control frame). Regarding Claim 13, Park teaches a first device for communicating on a network, the first device comprising: circuitry configured to: communicate using a secondary channel after completing an association procedure on a primary channel, wherein the secondary channel is selected from a set of non-continuous channels and exchanged at least partially in response to a parameter exchanged during the association ([0017] transmit and receive a packet on a secondary channel when the primary channel is occupied by a packet from a neighboring STA in an OBSS. The transmitting and receiving STAs switch to the secondary channel after determining that the packet on the primary 20 MHz channel is from OBSS and transmit/receive a packet on the secondary channel if the secondary channel is idle while the primary channel is busy; [0038] transmit and receive a packet on a secondary channel when the primary channel is occupied by a packet from a neighboring STA in an OBSS. The transmitting and receiving STAs switch to the secondary channel after determining that the packet on the primary 20 MHz channel is from OBSS and transmit/receive a packet on the secondary channel if the secondary channel is idle while the primary channel is busy; [0052] The AP and the STA may use more than one secondary channel or band for a packet transmission when the primary channel is busy. The AP and the STA may define a sequence of the secondary channels to check. For example, if the secondary20, secondary40-lower-20 MHz, secondary40-upper-20 MHz are used for a packet transmission, the AP and the STA will first check the secondary20 and if it is idle, transmit the packet on the channel. If the secondary 20 MHz is busy, then check the next in the sequence, seconday40-lower-20 MHz and then secondary40-upper-20 MHz; [0056] If the primary 20 MHz channel is busy and a packet is detected on the primary 20 MHz channel, the AP decodes the PHY preamble or the MAC header of the packet to determine if the packet is from OBSS. This may be done based on the BSS color information in the HE-SIGA field in the PHY preamble of the HE PPDU or the Address field of the MAC header. This may be done by decoding Control frames; [0057] If the packet is from OBSS, the AP stops decoding the packet and resumes the contention window (CW) countdown on the secondary channel if the secondary channel is idle; [0063] If the packet is for another STA or from OBSS, it stops decoding the packet, updates the NAV of the channel, and continue listening to the secondary channel it pre-arranged with the AP; [0023] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0044] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy. This may be expanded to non-contiguous 80+80 or 160+160 MHz operation, or across different bands), wherein the parameter indicates a capability to perform a preamble decode operation in parallel on multiple channels, a capability to perform a clear channel assessment operation in parallel on multiple channels, a capability for a clear channel assessment that does not perform the clear channel assessment operation in parallel on multiple channels, or a capability for a preamble decode operation that does not perform the preamble decode operation in parallel on multiple channels ([0024] The STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors; [0045] the single-radio multi-channel medium access 142 may facilitate that the STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy). However, Park does not teach a set of non-continuous channels including a channel for each of a plurality of contiguous sub-bands of an operating bandwidth of the first device. In an analogous art, Asterjadhi teaches a set of non-continuous channels including a channel for each of a plurality of contiguous sub-bands of an operating bandwidth of the first device ([0127] The frame 200 may be transmitted over a radio frequency spectrum band, which may include a plurality of sub-bands. For example, the radio frequency spectrum band may have a bandwidth of 80 MHz, and each of the sub-bands may have a bandwidth of 20 MHz. In some examples the sub-bands may be associated with a primary channel and one or more secondary channels; AP 300 may configure a primary channel in a first sub-band of the AP bandwidth, may configure a first secondary channel in a second sub-band of the AP bandwidth, and may configure one or more other secondary channels in other sub-bands of the AP bandwidth; [0145] In the example of FIG. 5A, an available AP bandwidth 505 may span a relatively wide bandwidth. For example, available AP bandwidth 505 may span 320 MHz in a 6 GHz frequency band. In this example, a number of channels may be configured, including a first channel 520 that may be configured as a primary channel, and a number of secondary channels 525 such as second channel 525-a, third channel 525-b, and fourth channel 525-c. ... Such channel configuration may be repeated across the entire available AP bandwidth 505, such as is illustrated in FIG. 5A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Asterjadhi’s method with Park’s method so that it can provide low latency communications in a wireless communication system. Some implementations more specifically relate to configuring an access point (AP) and one or more stations (STAs) with one or more channels for non-low latency communications, and one or more other channels for low latency communications (Asterjadhi [0111]). Regarding Claim 14, the claim is interpreted and rejected for the same reason as set forth in Claim 3. Regarding Claim 18, Park does not teach the secondary channel is selected from a list of anchor channels determined at least partially in response to the parameter. In an analogous art, Asterjadhi teaches the secondary channel is selected from a list of anchor channels determined at least partially in response to the parameter ([0145] In the example of FIG. 5A, an available AP bandwidth 505 may span a relatively wide bandwidth. For example, available AP bandwidth 505 may span 320 MHz in a 6 GHz frequency band. In this example, a number of channels may be configured, including a first channel 520 that may be configured as a primary channel, and a number of secondary channels 525 such as second channel 525-a, third channel 525-b, and fourth channel 525-c. The AP may configure the first channel 520 as a primary channel that is available for contention-based communications of one or more STAs that are associated with the AP. Further, the AP may configure the first channel 520 as a discovery channel that non-associated STAs may use to transmit probe requests in order to become associated with the AP. Secondary channels 525, in this example, may be unavailable for contention-based channel access or discovery, and may be used for low latency communications. Such channel configuration may be repeated across the entire available AP bandwidth 505, such as is illustrated in FIG. 5A. In other implementations a one or more of the secondary channels 525 may be configured as discovery channels, and the AP may configure low latency channels around other channels that are configured as primary channels and discovery channels in accordance with techniques discussed herein). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Asterjadhi’s method with Park’s method so that it can provide low latency communications in a wireless communication system. Some implementations more specifically relate to configuring an access point (AP) and one or more stations (STAs) with one or more channels for non-low latency communications, and one or more other channels for low latency communications (Asterjadhi [0111]). Regarding Claim 19, Park teaches a method of switching from a primary channel to a secondary channel, the method comprising: associating with a first device according to an association procedure of the first device and a second device using the primary channel, wherein the association comprises exchanging a set of non-continuous channels ([0023] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0044] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy. This may be expanded to non-contiguous 80+80 or 160+160 MHz operation, or across different bands); detect occupation on the primary channel by the second device ([0052] The AP and the STA may use more than one secondary channel or band for a packet transmission when the primary channel is busy; [0054] When an AP has a packet to transmit, the AP performs CCA (clear channel assessment) on the primary 20 MHz channel and follows the PIFS rule for the secondary channels; [0056] If the primary 20 MHz channel is busy and a packet is detected on the primary 20 MHz channel, the AP decodes the PHY preamble or the MAC header of the packet to determine if the packet is from OBSS. This may be done based on the BSS color information in the HE-SIGA field in the PHY preamble of the HE PPDU or the Address field of the MAC header. This may be done by decoding Control frames); communicating with the first device using the secondary channel at least in response to the occupation by the second device, the secondary channel being chosen in response to a parameter exchanged during association using the primary channel ([0017] transmit and receive a packet on a secondary channel when the primary channel is occupied by a packet from a neighboring STA in an OBSS. The transmitting and receiving STAs switch to the secondary channel after determining that the packet on the primary 20 MHz channel is from OBSS and transmit/receive a packet on the secondary channel if the secondary channel is idle while the primary channel is busy; [0038] transmit and receive a packet on a secondary channel when the primary channel is occupied by a packet from a neighboring STA in an OBSS. The transmitting and receiving STAs switch to the secondary channel after determining that the packet on the primary 20 MHz channel is from OBSS and transmit/receive a packet on the secondary channel if the secondary channel is idle while the primary channel is busy; [0052] The AP and the STA may use more than one secondary channel or band for a packet transmission when the primary channel is busy. The AP and the STA may define a sequence of the secondary channels to check. For example, if the secondary20, secondary40-lower-20 MHz, secondary40-upper-20 MHz are used for a packet transmission, the AP and the STA will first check the secondary20 and if it is idle, transmit the packet on the channel. If the secondary 20 MHz is busy, then check the next in the sequence, seconday40-lower-20 MHz and then secondary40-upper-20 MHz; [0056] If the primary 20 MHz channel is busy and a packet is detected on the primary 20 MHz channel, the AP decodes the PHY preamble or the MAC header of the packet to determine if the packet is from OBSS. This may be done based on the BSS color information in the HE-SIGA field in the PHY preamble of the HE PPDU or the Address field of the MAC header. This may be done by decoding Control frames; [0057] If the packet is from OBSS, the AP stops decoding the packet and resumes the contention window (CW) countdown on the secondary channel if the secondary channel is idle; [0063] If the packet is for another STA or from OBSS, it stops decoding the packet, updates the NAV of the channel, and continue listening to the secondary channel it pre-arranged with the AP; [0023] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0044] The secondary channel to which the STAs switch may be negotiated between the transmitter and receiver STAs before the mode of operation; [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy. This may be expanded to non-contiguous 80+80 or 160+160 MHz operation, or across different bands), wherein the parameter indicates a capability to perform a preamble decode operation in parallel on multiple channels, a capability to perform a clear channel assessment operation in parallel on multiple channels, a capability for a clear channel assessment that does not perform the clear channel assessment operation in parallel on multiple channels, or a capability for a preamble decode operation that does not perform the preamble decode operation in parallel on multiple channels ([0024] The STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors; [0045] the single-radio multi-channel medium access 142 may facilitate that the STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy). However, Park does not teach a set of non-continuous channels including a channel for each of a plurality of contiguous sub- bands of an operating bandwidth of the first device. In an analogous art, Asterjadhi teaches a set of non-continuous channels including a channel for each of a plurality of contiguous sub- bands of an operating bandwidth of the first device ([0127] The frame 200 may be transmitted over a radio frequency spectrum band, which may include a plurality of sub-bands. For example, the radio frequency spectrum band may have a bandwidth of 80 MHz, and each of the sub-bands may have a bandwidth of 20 MHz. In some examples the sub-bands may be associated with a primary channel and one or more secondary channels; AP 300 may configure a primary channel in a first sub-band of the AP bandwidth, may configure a first secondary channel in a second sub-band of the AP bandwidth, and may configure one or more other secondary channels in other sub-bands of the AP bandwidth; [0145] In the example of FIG. 5A, an available AP bandwidth 505 may span a relatively wide bandwidth. For example, available AP bandwidth 505 may span 320 MHz in a 6 GHz frequency band. In this example, a number of channels may be configured, including a first channel 520 that may be configured as a primary channel, and a number of secondary channels 525 such as second channel 525-a, third channel 525-b, and fourth channel 525-c. ... Such channel configuration may be repeated across the entire available AP bandwidth 505, such as is illustrated in FIG. 5A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Asterjadhi’s method with Park’s method so that it can provide low latency communications in a wireless communication system. Some implementations more specifically relate to configuring an access point (AP) and one or more stations (STAs) with one or more channels for non-low latency communications, and one or more other channels for low latency communications (Asterjadhi [0111]). Regarding Claim 20, the combination of Park and Asterjadhi, specifically Park teaches performing a preamble decode operation or a clear channel assessment operation on the secondary channel before communicating with the second device on the secondary channel ([0024] The STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors; [0045] the single-radio multi-channel medium access 142 may facilitate that the STA monitors the primary channel and the secondary channel simultaneously with parallel preamble detectors [0051] The AP and the STA exchange their capabilities through a capabilities element during the association process and indicate the secondary channel(s) (or band(s)) to which they will switch when the primary channel is busy). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Asterjadhi et al. and Li et al. (US 2023/0232452). Regarding Claim 2, the combination of Park and Asterjadhi does not teach communicate with the second device using the primary channel when the occupation by the third device is completed. In an analogous art, Li teaches communicate with the second device using the primary channel when the occupation by the third device is completed ([0208] (1) after the channel state of the primary channel changes from the busy state to the idle state, performing channel contention on the primary channel after the interval of a second time. (The channel contention here is the common EDCA). (2) Within time counted by a first timer of the primary channel, setting the energy detection threshold used for the CCA on the primary channel to be the value less than -62 dBm (for example, -82 dBm), and sending the RTS frame after the backoff counter on the primary channel backs off to 0, so as to perform channel protection). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Li’s method with Park’s method so that it can improve a channel access opportunity. In addition, a time of leaving the primary channel is restricted, so that the communication device can switch back to the primary channel in a relatively short time to perform channel contention, and a channel access procedure of switching from the primary channel to the secondary channel can be optimized (Li [0236]). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Asterjadhi et al. and Lv et al. (US 2019/0230703). Regarding Claim 8, the combination of Park and Asterjadhi does not teach the clear channel assessment operation comprises a virtual clear channel assessment operation. In an analogous art, Lv teaches the clear channel assessment operation comprises a virtual clear channel assessment operation ([0097] During the SR State active, the SR capable STA2 may perform the physical CCA over SR condition (i.e. SR-EDCA) to assess the medium status in parallel to the virtual CCA sensing. The SR capable STA2 may apply two kinds of CCAT in the carrier sensing: SR-CCAT (i.e. OBSS-PD) or ED threshold). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Lv’s method with Park’s method so that it can reduce airtime congestion and packet collisions by reading MAC headers of the frames to determine how long the channel will be busy. Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Asterjadhi et al. and Seok (US 2017/0171861). Regarding Claim 9, the combination of Park and Asterjadhi does not teach the second capability comprises a capability that does not include a capability to perform a clear channel assessment operation in parallel on multiple channels. In an analogous art, Seok teaches the second capability comprises a capability that does not include a capability to perform a clear channel assessment operation in parallel on multiple channels ([0106] When STATE is IDLE or when, for the type of PHY in operation, CCA is determined by a single channel, the channel-list parameter is absent. Otherwise, it carries a set indicating which channels are busy). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Seok’s method with Park’s method so that the devices can adjust the channel selection procedure based on the capabilities of clear channel assessment operation. Regarding Claim 12, Park teaches the set of channels are channels used for a data transfer ([0019] The switching time to the secondary channel may depend on the packet the STAs receive on the primary channel as follows: [0020] If the packet is VHT or HE PPDUs, the switching happens after the VHT-SIGA or HE-SIGA field. [0021] If the packet is non-HT or HT PPDUs, the switching happens after the RA field of the MAC header of the packet; [0073] At block 606, the device may select the secondary channel for packet transmission while the primary channel is occupied by the first packet. The device may determine the first packet is a very high throughput (VHT) physical layer (PHY) protocol data unit (PPDU) or an high efficiency (HE) PPDU. The device may switch to the second channel after a reception of a VHT-SIGA field or an HE-SIGA field of the first packet on the primary channel. The device may determine the first packet contains a control frame). However, the combination of Park and Asterjadhi does not teach wherein the first capability comprises a capability that does not perform a preamble decode operation in parallel on multiple channels. In an analogous art, Seok teaches wherein the first capability comprises a capability that does not perform a preamble decode operation in parallel on multiple channels ([0106] When STATE is IDLE or when, for the type of PHY in operation, CCA is determined by a single channel, the channel-list parameter is absent. Otherwise, it carries a set indicating which channels are busy). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Seok’s method with Park’s method so that the devices can adjust the channel selection procedure based on the capabilities of clear channel assessment operation. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Asterjadhi et al., Seok and Lv et al. Regarding Claim 10, the combination of Park and Asterjadhi does not teach the second capability comprises a capability to perform a clear channel assessment operation on a single channel, wherein the clear channel assessment operation comprises an energy detect operation and a virtual clear channel assessment operation. In an analogous art, Seok teaches the second capability comprises a capability to perform a clear channel assessment operation on a single channel ([0106] When STATE is IDLE or when, for the type of PHY in operation, CCA is determined by a single channel, the channel-list parameter is absent. Otherwise, it carries a set indicating which channels are busy). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Seok’s method with Park’s method so that the devices can adjust the channel selection procedure based on the capabilities of clear channel assessment operation. The combination of Park, Asterjadhi and Seok does not teach wherein the clear channel assessment operation comprises an energy detect operation and a virtual clear channel assessment operation. In an analogous art, Lv teaches wherein the clear channel assessment operation comprises an energy detect operation and a virtual clear channel assessment operation ([0097] During the SR State active, the SR capable STA2 may perform the physical CCA over SR condition (i.e. SR-EDCA) to assess the medium status in parallel to the virtual CCA sensing. The SR capable STA2 may apply two kinds of CCAT in the carrier sensing: SR-CCAT (i.e. OBSS-PD) or ED threshold). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Lv’s method with Park’s method so that it can reduce airtime congestion and packet collisions by reading MAC headers of the frames to determine how long the channel will be busy and performing energy detection. Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Asterjadhi et al. and Park et al. (US 2019/0124526, hereinafter Park ‘526). Regarding Claim 15, the combination of Park and Asterjadhi does not teach the parameter comprises a delay time. In an analogous art, Park ‘526 teaches the parameter comprises a delay time ([0155] The delay time and/or transition time of FIG. 14 may be negotiated through a management frame, and an example of such management frame may include an association request/response. Since such delay time and/or transition time are/is not required to exist, the length of the corresponding time(s) may be set to “0”. Additionally, the delay time and/or transition time may be negotiated through a MAC header (e.g., HE control field, etc.), which is included in the data field). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Park ‘526’s method with Park’s method so that switching to secondary channels between AP and STA can be successfully performed. Regarding Claim 17, the combination of Park, Asterjadhi and Park ‘526, specifically Park teaches the secondary channel is a 20 MHz channel ([0050] The AP and the STA is a single-radio STA (i.e. a STA that can transmit and receive a packet on one channel at a time) but equipped with multiple preamble detectors that can detect 802.11 packets simultaneously on multiple 20 MHz channels). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Asterjadhi et al., Park ‘526 et al. and Li et al. (US 2018/0227917). Regarding Claim 16, the combination of Park, Asterjadhi and Park ‘526 does not teach the delay time is to allow a receiver to retune for preamble detection on a channel. In an analogous art, Li teaches the delay time is to allow a receiver to retune for preamble detection on a channel ([0070] AP 110 uses a message 711 over the primary channel C1 to ask (or direct) STA 101 to retune (move) to a secondary channel and AP 110 provides a channel identifier). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Li’s method with Park’s method so that switching to secondary channels between AP and STA can be successfully performed. 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 YU-WEN CHANG whose telephone number is (408)918-7645. The examiner can normally be reached M-F 8:00am-5:00pm PT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Un Cho can be reached at 571-272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YU-WEN CHANG/Primary Examiner, Art Unit 2413
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Prosecution Timeline

Apr 26, 2023
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §103
Nov 26, 2025
Interview Requested
Dec 29, 2025
Response Filed
Sep 08, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
93%
With Interview (+11.0%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 339 resolved cases by this examiner. Grant probability derived from career allowance rate.

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