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 claims received on 2/19/2026.
Communications via email (MPEP 502.03)
In order to advance prosecution of the instant application, the Applicants are invited to file a form PTO/SB/439 "Internet Communications Authorized", and to include, in their response, the Applicants’ contact telephone number and e-mail address:
http://www.uspto.gov/sites/default/files/documents/sb0439.pdf
Allowable Subject Matter
Claims 12-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Indicating Allowable Subject Matter
The following is an examiner’s statement of reasons for indication of allowable subject matter:
The best reference for claim 9 is Gidvani et al (publication number 2019/0268892), hereinafter Gidvani. Gidvani teaches a "WLAN apparatus" or "access point" (AP) which operates multiple virtual APs or VAPs. These VAPs are co-located with the AP. Each VAP corresponds to a respective basic service set (BSS) and a respective BSS identifier (BSSID). The AP aggregates all BSS's into one periodic beacon or "management frame". The management frame also broadcasts information about the multiple BSSIDs for the multiple co-located VAPs. Gidvani's solution is an alternative to using multiple beacon frames, each corresponding to a single respective BSSID.
Patil et al (publication number 2020/0137550), hereinafter Patil, is the best reference to clarify the meaning of fast-initial link setup (FILS) discovery (FD) frames. These were developed by IEEE, they are broadcast by the AP, and occur more frequently than traditional management beacon frames. FD frames are broadcast between successive beacon frames and contain information which supplements the management beacon, making it easier for mobile stations to acquire the WI-FI signal; Patil's FD frames help the mobile devices to identify the BSSID of their respective VAPs.
Regarding claim 12, Gidvani indicates the existence of multiple VAPs, each one having its own BSSID, using the beacon frame, because the beacon advertises the multiple BSSIDs. However, there is no such dedicated information element of a MBSSID for indicating existence of the mesh VAP.
Regarding claims 13-15, they incorporate all limitations of claim 12; therefore, they present allowable subject matter for the same above reasons.
Therefore, in view of their respective base claims, the further limitations of the above-mentioned claims in combination with all of the limitations of the base claim and any intervening claims, are neither anticipated nor rendered obvious by the prior art.
Election without Traverse
Applicant’s election without traverse of Group II, formed by claims 9-15, in the reply filed on 2/19/2026 is acknowledged. Claims 1-8, 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/19/2026. The non-elected claims were canceled in the latest response received.
Drawings Objected To
The drawings are objected to because Fig. 3 represents prior art. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Figure 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled "Replacement Sheet" in the page header (as per 37 CFR 1.84(c) ) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. In this case, the specification states "[0037] FIG. 3 illustrates a mandatory (per the 802.11 standard) in-band discovery process when an AP is operating on a channel in the 6 GHz band."
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 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 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.
7.20.02.aia Joint Inventors, Common Ownership Presumed
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 at the time any inventions covered therein were effectively filed 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 at the time a later invention was effectively filed 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.
7.23.aia Test for Obviousness
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 or pre-AIA 35 U.S.C. 103(a) 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 9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Gidvani et al (publication number 2019/0268892), hereinafter Gidvani, and further in view of Patil et al (publication number 2020/0137550), hereinafter Patil, and further in view of publication number 2010/0232400, hereinafter 2010/0232400.
Gidvani uses the following terms and acronyms:
[0003] Access point (AP); wireless local area network (WLAN); client device (also referred to as a station, or STA). Basic Service Set (BSS) is defined as one AP, the wireless channel configuration, and the set of STAs that are wirelessly associated with the AP.
[0016] BSS identifier (BSSID), Service Set identifier (SSID).
[0046] [0047] [0048] "WLAN apparatus" is the same as "access point" (AP). Virtual access points are "VAPs". An access point device operates multiple VAPs corresponding to multiple BSSs, the BSSs may be referred to as "co-hosted" or “co-located” BSSs. Co-located BSSs are used interchangeably with co-located VAPs.
[0049] Multiple BSSID capability (as defined by IEEE 802.11 DRAFT standards, such as 802.11ax) is a capability of a WLAN apparatus to advertise information about multiple BSSIDs for multiple co-located BSSs using a single management frame (such as a Beacon Frame or Probe Response Frame), instead of using multiple Beacon or Probe Response Frames, each corresponding to a single respective BSSID.
[0049] Transmitted BSSID (TxBSSID); nontransmitted BSSID (NonTxBSSID).
Regarding claim 9, Gidvani teaches an access point (AP, Gidvani [0064] FIG. 1 depicts a WLAN apparatus or AP 150, operating co-located BSSs), comprising:
a processor (Gidvani [0086] FIG. 2 shows a block diagram of AP 200; processor 210); and
a memory (Gidvani [0086] FIG. 2 memory 220) operatively connected to the processor (Gidvani [0086] FIG. 2 processor 210), and including computer code that when executed (Gidvani [0088] memory 220 stores software (SW) code containing instructions executed by the processor 210), causes the processor to:
assign a basic service set identifier (BSSID) to a virtual AP (VAP) configured as a Gidvani [0006] [0024] [0046] [0047] [0066] In FIG. 1, each of the VAPs 151, 152, 153, and 154 are assigned a respective BSS having a different respective BSSID and are operated as separate WLANs, even though they are implemented by the same WLAN apparatus AP 150);
broadcast a plurality of multiple BSSID (MBSSID) beacons including the BSSID information of the Gidvani [0049] [0050] WLAN apparatus advertises multiple BSSIDs for multiple co-located BSSs using a single management frame, also called "Beacon Frame" or "Probe Response Frame". Together, the multiple BSSIDs that are included in the single management frame signaling are referred to as a Multiple BSSID Set. [0099] In Fig. 4, the first VAP 410 transmits a beacon frame 430 that includes a first BSS of first VAP 410; beacon frame 430 includes an indicator that the first BSS is part of a Co-Located BSS Set, and includes the BSSIDs for the co-located BSSs. Beacon frames are periodic, [0058] [0059]); and
In between each of the plurality of MBSSID beacons, transmit a plurality of fast initial link setup (FILS) discovery frames (Gidvani [0054] An indicator whether the second BSS transmit periodic discovery frames, for example, unsolicited broadcast Probe Response frames or FILS Discovery frames transmitted every 20 milliseconds).
Gidvani does not explicitly teach: "At a periodicity less than a periodicity of the MBSSID beacons, each of the FILS discovery frames including mesh information associated with the mesh VAP".
Patil teaches:
assign a basic service set identifier (BSSID) to a virtual AP (VAP) configured as a Patil [0041] A WLAN apparatus operates multiple virtual APs (VAPs); each VAP is assigned a different BSS; each BSS is assigned a different BSS identifier (BSSID). A first VAP transmits management information for multiple BSSs corresponding to multiple BSSIDs using a single management frame, such as a Beacon Frame or Probe Response Frame. [0051] In FIG. 1, each of the VAPs 151, 152, 153 and 154 is assigned a different BSSs; each BSS is assigned a different BSSID); and
in between each of the plurality of MBSSID beacons, transmit a plurality of fast initial link setup (FILS) discovery frames at a periodicity less than a periodicity of the MBSSID beacons (Patil Fig. 2 and [0042] In addition to traditional management frames, the IEEE has developed fast-initial link setup (FILS) discovery (FD) frames that are broadcast which occur more frequently than traditional management frames. FD frames are broadcast between successive Beacon frames. [0056] WLAN apparatus 150 transmits several FD frames 213, 215, 217, and 219 in the time period between two Beacon frames 210, 220.), each of the FILS discovery frames including Patil Figs. 1, 4 and [0053] A fourth STA 140 observes a FILS discovery frame to determine the BSSIDs available from the WLAN apparatus 150; the discovery frame indicates the NonTxBSSIDs of the other BSSs corresponding to VAPs 152, 153 and 154 being hosted by the WLAN apparatus 150).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Gidvani, by introducing FILS discovery frames which the IEEE has developed, that are broadcast and which occur more frequently than traditional management frames, and which indicate the NonTxBSSIDs of the other BSSs corresponding to VAPs 152, 153 and 154 being hosted by a WLAN apparatus, as suggested by Patil, in order to obtain the advantage of reducing network overhead while enabling a WLAN apparatus to host different BSSs, such as for traffic separation, and in order to obtain the advantages of the fast-initial link setup (FILS) protocol which the IEEE has developed to improve network discovery and setup times, since the FD frames are a faster technique to provide information about networks available for a STA to join (Patil [0041] [0042]). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Gidvani as modified does not explicitly teach "mesh".
2010/0232400 teaches:
A virtual AP (VAP) configured as a mesh VAP on the AP (2010/0232400 [0015] Technique to virtualize a single physical radio for multiple wireless interfaces: A physical wireless network interface is configured into a first virtual access point (VAP) and a second VAP on a device using a single radio transceiver in a home mesh network. The first and second VAPs operate on first and second channels corresponding to first and second modes, respectively, by switching the physical radio parameters in a time division multiple access (TDMA) mode. Each virtualized network interface operates in different wireless modes and uses different channels – see also [0036]); and
beacon frames including mesh information associated with the mesh VAP (2010/0232400 [0037] and Fig. 3: configuration module 310 configures a network by sending a super frame that contains beacon information about the first and second VAPs 312 and 314 [0042] FIG. 4 is a diagram illustrating a super frame 400 [0043] Mesh control message 418 is for control and management functions for the mesh network. [0044] The first and second VAP mode frames 430 and 420 include messages belonging to the networks handled by the first and second VAPs 312 and 314, e.g., first VAP mode for mesh side traffic).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Gidvani as modified, by configuring a wireless network interface into a first virtual access point (VAP) and a second VAP on a device using a single radio transceiver in a home mesh network, and by configuring a super frame that contains beacon information about first and second mesh VAPs, as suggested by 2010/0232400, because a simple way to support multiple wireless interfaces is to use multiple radios on a single device; however, use of multiple RF circuits for multiple radios has a number of drawbacks, such as: 1. It is expensive; 2. Limited design flexibility due to cross-radio interferences; and 3. Multiple RF circuits occupy more space on the device. Therefore, it would be desirable to provide a home mesh network using a method to virtualize one single physical radio for multiple wireless interfaces (2010/0232400 [0003], [0004]); also, in order to obtain a decentralized, wireless home mesh network with multiple sub-networks that are responsible for different functions within WHM network (2010/0232400 [0019] and Fig. 1). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Regarding claim 11, Gidvani teaches wherein mesh information of the mesh VAP is integrated into a reserved field of a Reduced Neighbor Report (RNR) information element (Gidvani [0059] A VAP transmits a neighbor report, including a Neighbor Report element or Reduced Neighbor Report (RNR) element, to identify VAPs that are supported by and operating in the same WLAN apparatus. A RNR element is transmitted periodically in beacon frames or may be transmitted at any time via other management frames, such as probe response or (re)association response frames).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gidvani, in view of Patil, in view of 2010/0232400, and further in view of Rahman et al (publication number 2007/0250713), hereinafter Rahman.
Regarding claim 10, Gidvani as modified does not explicitly teach "capability".
Rahman teaches wherein the mesh information comprises mesh capability information (Rahman [0075] Once the child mesh AP 105 has joined the mesh, it advertises its AP capabilities using beacon frames, including sending information determined using content from the AP profile 223. [0104] In FIG. 9B, the parent mesh AP 912 in its neighbor advertisements signals that is capable of forming multiple links to a child AP by including a multilink IE that advertises its multilink capabilities, including its two identities BSSID-M and BSSID-N; [0128] information element "IE").
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Gidvani as modified, by configuring child APs and parent mesh APs to advertise their capabilities in beacon frames, as suggested by Rahman, because it is desirable to provide for rapid roaming, so that when a connected mesh AP wishes to change its parent mesh AP, it need not undergo a complete authentication phase (Rahman [0004]). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD EISNER whose telephone number is (571)270-3334. The examiner can normally be reached on Monday and Tuesday from 9:00 AM to 5:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst, can be reached at telephone number (571) 270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONALD EISNER/
Primary Examiner, Art Unit 2644