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 . This Action is in response to
Applicant's Pre-Brief Conference Request remarks filed on January 20, 2026. Claims 1-20 are now pending in the present application. This Action is made Non-Final.
Response to Arguments
2. Applicant’s arguments on the Pre-Appeal Brief Request for Review filed on January 20, 2026, with respect to claims 1-20 have been fully considered and are persuasive. On February 10, 2026, a Pre-Appeal conference was held where it was decided to Re-Open the case. Therefore, the FINAL rejection mailed on September 18, 2025 has been withdrawn. However, upon further consideration, a new rejection has been formulated to address the limitations set forth within claims 1-20 with newly found prior art references.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 103
3. 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Elliott et al. (U.S. Patent Application Publication # 2022/0353685 A1) in view of Douglas et al. (U.S. Patent Application Publication # 2005/0060319 A1).
Regarding claim 1, Elliott et al. teach a first device (read as a AP (Paragraph [0058])), comprising:
a circuit configured to provide at least one frame across a connection to a second device during a disassociation operation or deauthentication operation (read as “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])),
wherein the frame is a disassociation frame or a deauthentication frame. (read as Deauthentication Frame (Paragraph [0058]) Also, Elliot et al. teaches a Disassociation Frame (Paragraph [0060]))
However, Elliott et al. fail to explicitly teach the frame comprising data indicating at least one target access point for the second device
Douglas et al. teach a method wherein the frame comprising data indicating at least one target access point for the second device. (read as unicast frame comprising of a roaming list (Paragraph [0081]) For example, “If the client has a feature vector that is not supported by access point 600, controller 606 can still send a unicast message, or alternatively, can associate the client by sending an association response message, the roaming list, and a disassociation message through transmit circuit 606. The roaming list can contain a list of all access points supporting the client's feature vector, a list of neighboring access points, or be prioritized based on at least one of path loss, distance to nearby access points, access point loading, and received signal strength indication.”(Fig.6; Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Regarding claim 11, Elliott et al. teach a first device (read as AP (Paragraph [0058])), comprising:
a circuit configured to provide at least one disassociation frame or a deauthentication frame across a connection to a second device (read as “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])),
Also, Elliott et al. teach the at least one disassociation frame or deauthentication frame. (read as Deauthentication Frame (Paragraph [0058]) Also, Elliot et al. teaches a Disassociation Frame (Paragraph [0060]))
However, Elliott et al. fail to explicitly teach the frame comprising data indicating at least one target access point for the second device.
Douglas et al. teach a frame comprising data indicating at least one target access point for the second device (read as unicast frame comprising of a roaming list (Paragraph [0081]) For example, “If the client has a feature vector that is not supported by access point 600, controller 606 can still send a unicast message, or alternatively, can associate the client by sending an association response message, the roaming list, and a disassociation message through transmit circuit 606. The roaming list can contain a list of all access points supporting the client's feature vector, a list of neighboring access points, or be prioritized based on at least one of path loss, distance to nearby access points, access point loading, and received signal strength indication.”(Fig.6; Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Regarding claim 16, teach a method, comprising:
providing at least one frame across a connection from a first device to the second device in a disassociation operation or deauthentication operation (read as “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])),
wherein the frame is a disassociation frame or a deauthentication frame. (read as Deauthentication Frame (Paragraph [0058]) Also, Elliot et al. teaches a Disassociation Frame (Paragraph [0060]))
However, Elliott et al. fail to explicitly teach providing data indicating at least one target device for a second device; and
the frame comprising the data indicating at least one target device for the second device.
Douglas et al. teach a method for providing data indicating at least one target device for a second device (read as roaming list (Paragraph [0058])); and
the frame comprising the data indicating at least one target device for the second device.(read as “If the client has a feature vector that is not supported by access point 600, controller 606 can still send a unicast message, or alternatively, can associate the client by sending an association response message, the roaming list, and a disassociation message through transmit circuit 606. The roaming list can contain a list of all access points supporting the client's feature vector, a list of neighboring access points, or be prioritized based on at least one of path loss, distance to nearby access points, access point loading, and received signal strength indication.”(Fig.6; Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Regarding claims 2 and 15, and as applied to claims 1 and 11 above, Elliot et al., as modified by Douglas et al., teach a first device and method (Fig(s).16) wherein the frame is provided according to an 802.11 protocol and the connection is established by using an association or authentication operation.(read as “trusted AP 1600 includes a processor 1602 that is coupled a single or multi-PHY radio chip 1604 and an optional single or multi-PHY radio chip 1606. A multi-PHY radio chip is capable of supporting multiple IEEE 802.11-based PHY protocols.”(Fig.16; Paragraph(s) [0154]))
Regarding claim 3, and as applied to claim 1 above, Huang et al., as modified by Ong, teach a first device wherein the frame is provided by an access point connected to the first device.(Fig(s).1 and 16)
Regarding claims 5, 12, and 20, and as applied to claims 1, 11, and 16 above, Elliot et al., as modified by Douglas et al., teach a first device and method wherein the at least one disassociation frame or deauthentication frame is the disassociation frame. (read as disassociation frame (Paragraph [0060]))
Regarding claims 6 and 13, and as applied to claims 1 and 11 above, Elliot et al., as modified by Douglas et al., teach a first device wherein the at least one disassociation frame or deauthentication frame is the deauthentication frame. (read as deauthentication frame (Paragraph [0058]))
Regarding claim 7, and as applied to claim 1 above, Elliot et al. teach “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])
However, Elliott et al. fail to explicitly teach wherein the at least one frame provides an indication of a multi AP or single AP environment.
Douglas et al. teach a first device wherein the at least one frame provides an indication of a multi AP or single AP environment. (read as unicast frame comprising of a roaming list (Paragraph [0081]) For example, “The roaming list can contain a list of all access points supporting the client's feature vector, a list of neighboring access points, or be prioritized based on at least one of path loss, distance to nearby access points, access point loading, and received signal strength indication.”(Fig.6; Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Regarding claim 8, and as applied to claim 1 above, Elliot et al., as modified by Douglas et al., teach a first device wherein the first device is configured as an access point. (read as AP (Fig(s).1 and 16; Paragraph [0058]))
Regarding claim 9, and as applied to claim 1 above, Elliot et al., as modified by Douglas et al., teach a first device wherein the second device is configured as a mobile client device. (read as STATION (Fig(s).1 and 17; Paragraph [0058]))
Regarding claim 10, and as applied to claim 1 above, Elliot et al. teach “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])
However, Elliott et al. fail to explicitly teach wherein the data indicates a capability of the at least one target access point.
Douglas et al. teach a method wherein the data indicates a capability of the at least one target access point. (read as unicast frame comprising of a roaming list (Paragraph [0081]) For example, “The roaming list can contain a list of all access points supporting the client's feature vector, a list of neighboring access points, or be prioritized based on at least one of path loss, distance to nearby access points, access point loading, and received signal strength indication.”(Fig.6; Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Regarding claim 17, and as applied to claim 16 above, Elliot et al. teach “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])
However, Elliott et al. fail to explicitly teach providing an indication of a multi access point or single access point environment across the connection to the second device,
wherein the at least one frame comprises the indication.
Douglas et al. teach a method for providing an indication of a multi access point or single access point environment across the connection to the second device (read as “The roaming list can contain a list of all access points supporting the client's feature vector, a list of neighboring access points, or be prioritized based on at least one of path loss, distance to nearby access points, access point loading, and received signal strength indication.”(Fig.6; Paragraph [0081])),
wherein the at least one frame comprises the indication.(read as unicast frame comprising a roaming list (Fig.6; Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Regarding claim 18, and as applied to claim 16 above, Elliot et al. teach “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])
However, Elliott et al. fail to explicitly teach selecting the target device for association with the second device.
Douglas et al. teach a method for selecting the target device for association with the second device. (read as an association response frame (Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a an association response frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Regarding claim 19, and as applied to claim 18 above, Elliot et al. teach “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])
However, Elliott et al. fail to explicitly teach associating the first device with the target device.
Douglas et al. teach method for associating the first device with the target device.(read as a roaming list (Paragraph [0081]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Claim(s) 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Elliott et al. (U.S. Patent Application Publication # 2022/0353685 A1), in view of Douglas et al. (U.S. Patent Application Publication # 2005/0060319 A1), and Raissinia et al. (U.S. Patent Application Publication # 2018/0279192 A1).
Regarding claims 4 and 14, and as applied to claims 1 and 11 above, Elliot et al. teach “A Station or AP can send a Deauthentication Frame when all communications are terminated (when disassociated, still a station may still be authenticated to the cell).”(Fig(s).16-17; Paragraph [0058])
Douglas et al. teach “controller 606 can still send a unicast message, or alternatively, can associate the client by sending an association response message, the roaming list, and a disassociation message through transmit circuit 606. The roaming list can contain a list of all access points supporting the client's feature vector, a list of neighboring access points, or be prioritized based on at least one of path loss, distance to nearby access points, access point loading, and received signal strength indication.” (Fig.6; Paragraph [0081])
However, Elliott et al. and Douglas et al. fail to explicitly teach wherein the frame comprises a basic service set transition management (BTM) request frame.
Raissinia et al. teach a method wherein the frame comprises a basic service set transition management (BTM) request frame. (read as BTM message (Paragraph [0057]) For example, “The IEEE 802.11 standards may define BSS transmission management (BTM) messaging for the first AP to suggest that a device transition to a target AP.”(Paragraph [0057]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the function for generating and transmitting a BTM message(s) as taught by Raissinia et al. and the function for generating and transmitting a roaming list within a unicast frame as taught by Douglas et al. with the AP as taught by Elliot et al. for the purpose of enhancing AP handoff for devices in a communication network.
Response to Arguments
4. Applicant's arguments with respect to claim(s) 1-20 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
Schepers et al. (“On the Robustness of Wi-Fi Deauthentication Countermeasures” May 16-19, 2022) teach “The robust management frames represent a subset of management frames that MFP can protect. The frames include robust action frames (e.g., spectrum management actions) and (re)association and (de)authentication frames.”(Section 2.2.2)
Diener et al. (U.S. Patent Application Publication # 20130010731 A1) teach “… once a request is granted by an AP to a client to use the special SSID, the AP signals its remaining clients on the normal (first) operating channel (or frequency) that it will no longer be available, which should trigger a roam by the remaining clients. Any suitable means for signaling the disassociation can be employed. Some examples are a deauthentication message, a disassociation message, and/or a predefined, such as for example a proprietary frame can be employed. In particular embodiments, an AP may send a list of neighboring APs (and optionally their operating frequencies) to the remaining clients.”(Fig.4; Paragraph [0048])
Any response to this Office Action should be faxed to (571) 273-8300 or mailed to:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Any inquiry concerning this communication or early communications from the Examiner should be directed to Salvador E. Rivas whose telephone number is (571) 270-1784. The examiner can normally be reached on Monday-Friday from 7:00AM to 3:30PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Un C. Cho can be reached on (571) 272- 7919. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/SALVADOR E RIVAS/Primary Examiner, Art Unit 2413
May 21, 2026
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