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 .
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
3. Claims 21-40 of the instant application is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 10, and 15 of US Patent 11,722,950 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited the present application are transparently found in US Patent 11,722,950 B2 with obvious wording variations. Take an example of comparing claim 21 of pending application and claim 1 of US Patent 11,722,950 B2. The claim 21 of pending application has a first NAN device and a second NAND device trading service discovery frames indicating operation in a 6 GHz frequency band prior to establishing a connection between the two devices. The claim 1 of US Patent 11,722,950 B2 also states the same inventive concepts as well as the limitations. However, there are differences in wordings describing the non-distinct inventive concepts. The limitation in claim 21 of pending application, " a first NAN service discovery frame comprising a first indication that the NAN device supports a NAN operation with a maximum transmit power in a 6 GHz frequency band " is only worded differently and is not patentably distinct from the limitation in claim 1 of US Patent 11,722,950 B2, “generate a first NAN frame comprising a first indication of a NAN operation capability of providing a service by the NAN device in a 6 GHz frequency band”. Furthermore, the limitation in claim 21 of pending application, “establish, based on the maximum transmit power, a NAN connection, between the NAN device and the second NAN device, using the 6 GHz frequency band for the NAN operation” is also only worded differently and is not patentably distinct from the limitation in claim 1 of US Patent 11,722,950 B2, “determine, based on the transmit power of the NAN device in the 6 GHz frequency band and the transmit power of the second NAN device in the 6 GHz frequency band, an operation parameter ... establish, based on the operation parameter, a NAN connection between the device and the second NAN device for NAN operations, the NAN connection using the 6 GHz frequency band”.
CLAIMS FOR INSTANT APPLICATION 18,366,671
CLAIMS FOR US Patent 11,722,950 B2
21. A neighbor awareness networking (NAN) device, the NAN device comprising processing circuitry coupled to non-transitory storage, the processing circuitry configured to: generate a first NAN service discovery frame comprising a first indication that the NAN device supports a NAN operation with a maximum transmit power in a 6 GHz frequency band; cause to send the first NAN service discovery frame; identify a second NAN service discovery frame received from a second NAN device, the second NAN service discovery frame comprising a second indication that the second NAN device supports the NAN operation with the maximum transmit power in the 6 GHz frequency band; and establish, based on the maximum transmit power, a NAN connection, between the NAN device and the second NAN device, using the 6 GHz frequency band for the NAN operation.
1. A neighbor awareness networking (NAN) device, the NAN device comprising processing circuitry coupled to non-transitory storage, the processing circuitry configured to: generate a first NAN frame comprising a first indication of a NAN operation capability of providing a service by the NAN device in a 6 GHz frequency band, and a second indication of a transmit power of the NAN device in the 6 GHz frequency band;
cause to send the first NAN frame using a frequency band different than the 6 GHz frequency band; identify a second NAN frame received from a second NAN device, the second NAN frame received using the frequency band and comprising a third indication of the NAN operation capability of providing the service by the second NAN device in the 6 GHz frequency band, and a fourth indication of a transmit power of the second NAN device in the 6 GHz frequency band; determine, based on the transmit power of the NAN device in the 6 GHz frequency band and the transmit power of the second NAN device in the 6 GHz frequency band, an operation parameter associated with Automated Frequency Coordination (AFC) in the 6 GHz frequency band; and establish, based on the operation parameter, a NAN connection between the device and the second NAN device for NAN operations, the NAN connection using the 6 GHz frequency band, wherein to determine the operation parameter comprises to determine, based on the first NAN frame and the second NAN frame, that at least one of the NAN device or the second NAN device is a Standard Power AFC device, wherein to establish the NAN connection is based on the determination that at least one of the NAN device or the second NAN device is a Standard Power AFC device, and
wherein the second indication is indicative of a first connection between the NAN device and an access point (AP) device or the fourth indication is indicative of a second connection between the second NAN device and the AP device, wherein the operation parameter is based on the first connection or the second connection.
30. A non-transitory computer-readable medium storing computer-executable instructions which when executed by one or more processors of a neighbor awareness networking (NAN) device result in performing operations comprising: generating a first NAN service discovery frame comprising a first indication that the NAN device supports a NAN operation with a maximum transmit power in a 6 GHz frequency band; causing to send the first NAN service discovery frame; identifying a second NAN service discovery frame received from a second NAN device, the second NAN service discovery frame comprising a second indication that the second NAN device supports the NAN operation with the maximum transmit power in the 6 GHz frequency band; and establishing, based on the maximum transmit power, a NAN connection, between the NAN device and the second NAN device, using the 6 GHz frequency band for the NAN operation.
10. A non-transitory computer-readable medium storing computer-executable instructions which when executed by one or more processors result in performing operations comprising: generating, by a first neighbor awareness networking (NAN) device a first NAN frame comprising a first indication of a NAN operation capability of providing a service by the NAN device in a 6 GHz frequency band, and a second indication of a transmit power of the first NAN device in the 6 GHz frequency band; causing to send the first NAN frame using a frequency band different than the 6 GHz frequency band; identifying a second NAN frame received from a second NAN device, the second NAN frame received using the frequency band and comprising a third indication of the NAN operation capability of providing the service by the second NAN device in the 6 GHz frequency band, and a fourth indication of a transmit power of the second NAN device in the 6 GHz frequency band; determining, based on the transmit power of the first NAN device in the 6 GHz frequency band and the transmit power of the second NAN device in the 6 GHz frequency band, an operation parameter associated with Automated Frequency Coordination (AFC) in the 6 GHz frequency band; and establishing, based on the operation parameter, a NAN connection between the first NAN device and the second NAN device for NAN operations, the NAN connection using the 6 GHz frequency band, wherein determining the operation parameter comprises determining, based on the first NAN frame and the second NAN frame, that at least one of the NAN device or the second NAN device is a Standard Power AFC device, wherein establishing the NAN connection is based on the determination that at least one of the NAN device or the second NAN device is a Standard Power AFC device, and wherein the second indication is indicative of a first connection between the NAN device and an access point (AP) device or the fourth indication is indicative of a second connection between the second NAN device and the AP device, wherein the operation parameter is based on the first connection or the second connection.
37. A method comprising: generating, by processing circuitry of a first NAN device, a first NAN service discovery frame comprising a first indication that the first NAN device supports a NAN operation with a maximum transmit power in a 6 GHz frequency band; causing to send, by the processing circuitry, the first NAN service discovery frame; identifying, by the processing circuitry, a second NAN service discovery frame received from a second NAN device, the second NAN service discovery frame comprising a second indication that the second NAN device supports the NAN operation with the maximum transmit power in the 6 GHz frequency band; and establishing, by the processing circuitry, based on the maximum transmit power, a NAN connection, between the first NAN device and the second NAN device, using the 6 GHz frequency band for the NAN operation.
15. A method for neighbor awareness networking (NAN) device communications, the method comprising: generating, by processing circuitry of a first NAN device, a first NAN frame comprising a first indication of a NAN operation capability of providing a service by the NAN device in a 6 GHz frequency band, and a second indication of a transmit power of the first NAN device in the 6 GHz frequency band; causing to send, by the processing circuitry, the first NAN frame using a frequency band different than the 6 GHz frequency band; identifying, by the processing circuitry, a second NAN frame received from a second NAN device, the second NAN frame received using the frequency band and comprising a third indication of the NAN operation capability of providing the service by the second NAN device in the 6 GHz frequency band, and a fourth indication of a transmit power of the second NAN device in the 6 GHz frequency band; determining, by the processing circuitry, based on the transmit power of the first NAN device in the 6 GHz frequency band and the transmit power of the second NAN device in the 6 GHz frequency band, an operation parameter associated with Automated Frequency Coordination (AFC) in the 6 GHz frequency band; and establishing, by the processing circuitry, based on the operation parameter, a NAN connection between the first NAN device and the second NAN device for NAN operations, the NAN connection using the 6 GHz frequency band, wherein determining the operation parameter comprises determining, based on the first NAN frame and the second NAN frame, that at least one of the NAN device or the second NAN device is a Standard Power AFC device, wherein establishing the NAN connection is based on the determination that at least one of the NAN device or the second NAN device is a Standard Power AFC device, and wherein the second indication is indicative of a first connection between the NAN device and an access point (AP) device or the fourth indication is indicative of a second connection between the second NAN device and the AP device, wherein the operation parameter is based on the first connection or the second connection.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claims 21, 28-30, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Park ("Method and Device for Performing Service Discovery in Wireless Communication System", WO 2016/148506 A1, pub. date 2016-09-22) in view of Cherian (US 2019/0098565 A1).
Regarding claim 21, Park teaches a neighbor awareness networking (NAN) device, the NAN device comprising processing circuitry coupled to non-transitory storage, the processing circuitry (pg. 3, par. 6, “first NAN terminal may include a receiving module for receiving the information from the external device, a transmitting module for transmitting the information to the external device, and a processor for controlling the receiving module and the transmitting module”; pg. 21, par. 5, “software code may be stored in a memory unit and driven by a processor”) configured to:
generate a first NAN service discovery frame comprising a first indication that the NAN device supports a NAN operation with a maximum transmit power in a sub 1 GHz frequency band (pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”, wherein the NAN service discovery frame is generated by the first NAN terminal 1010 for transmission to the second NAN terminal 1020; sub 1GHz device such as 900 MHz operates at its maximum allowable power to ensure long-range, non-line-of-sight connectivity; pg. 13, par. 3, “when the NAN terminal supports 900MHz, the NAN terminal may transmit a signal farther”);
cause to send the first NAN service discovery frame (pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”);
identify a second NAN service discovery frame received from a second NAN device (pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010. In this case, the NAN service discovery frame may include a NAN connection capability attribute field. In addition, the NAN connectivity capability attribute field may include a Sub 1 GHz band or an IEEE 802.11ah information field”, wherein the first NAN terminal 1010 identifies the NAN service discovery frame received from the second NAN terminal 1020),
the second NAN service discovery frame comprising a second indication that the second NAN device supports the NAN operation with the maximum transmit power in the sub 1 GHz frequency band (pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010. In this case, the NAN service discovery frame may include a NAN connection capability attribute field. In addition, the NAN connectivity capability attribute field may include a Sub 1 GHz band or an IEEE 802.11ah information field”; sub 1GHz device such as 900 MHz operates at its maximum allowable power to ensure long-range, non-line-of-sight connectivity; pg. 13, par. 3, “when the NAN terminal supports 900MHz, the NAN terminal may transmit a signal farther”); and
establish, based on the maximum transmit power, a NAN connection, between the NAN device and the second NAN device, using the sub 1 GHz frequency band for the NAN operation (pg. 19, pars. 5-6, “When the first NAN terminal 1010 receives a service discovery frame indicating that the Sub 1 GHz band or IEEE 802.11ah supports from the second NAN terminal 1020, the first NAN terminal 1010 is a Connection Result event Can be delivered to the service / application stage. Through this, the first NAN terminal 1010 and the second NAN terminal 1020 may exchange information ... the first NAN terminal 1010 and the second NAN terminal 1020 exchange information on the Sub 1 GHz band or IEEE 802.11ah, and then perform data exchange using the Sub 1 GHz band or IEEE 802.11ah.”).
Park does not explicitly teach that the operation support and connection establishment in the sub 1 GHz frequency band is support and connection establishment in 6 GHz.
However, Cherian teaches operation support and connection establishment in 6 GHz ([0088], “STA 106 or the AP 104 transmitting the HE PHY capabilities information field supports 6 GHz operation or communications. Specifically, the HE PHY capabilities information field transmitted by the HE STA 106 or the HE AP 104 may include a 6 GHz support field having a length of one or more bits”; [0071], “STA 106 may receive and transmit communications on ... frequency network or channel (e.g., a 6 GHz network). Other frequencies of networks may be applicable as well”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Cherian with the teaching of Park in order to offer a significant advantage by combining an exclusive, clean, and massive spectrum with advanced, intelligent, and efficient protocols, allowing for higher capacity, low-latency, and high-throughput transmissions for better handling of high-density environments.
Regarding claim 28. Park in view of Cherian teaches the NAN device of claim 21, further comprising a transceiver configured to transmit and receive wireless signals comprising the first NAN service discovery frame and the second NAN service discovery frame (Park pg. 3, par. 6, “first NAN terminal may include a receiving module for receiving the information from the external device, a transmitting module for transmitting the information to the external device, and a processor for controlling the receiving module and the transmitting module”; pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”; pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010”).
Regarding claim 29, Park in view of Cherian teaches the NAN device of claim 28, further comprising an antenna coupled to the transceiver to send the first NAN service discovery frame (Park pg. 3, par. 6, “first NAN terminal may include a receiving module for receiving the information from the external device, a transmitting module for transmitting the information to the external device, and a processor for controlling the receiving module and the transmitting module”, wherein the transmitting module and the receiving module (~transceiver) are coupled to an antenna; pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”; pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010”).
Regarding claim 30, Park teaches a non-transitory computer-readable medium storing computer-executable instructions which when executed by one or more processors of a neighbor awareness networking (NAN) device result in performing operations (pg. 3, par. 6, “first NAN terminal may include a receiving module for receiving the information from the external device, a transmitting module for transmitting the information to the external device, and a processor for controlling the receiving module and the transmitting module”; pg. 21, par. 5, “software code (~computer executable instructions) may be stored in a memory unit (~non-transitory computer-readable medium) and driven (~executed) by a processor”) comprising:
generating a first NAN service discovery frame comprising a first indication that the NAN device supports a NAN operation with a maximum transmit power in a sub 1 GHz frequency band (pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”, wherein the NAN service discovery frame is generated by the first NAN terminal 1010 for transmission to the second NAN terminal 1020; sub 1GHz device such as 900 MHz operates at its maximum allowable power to ensure long-range, non-line-of-sight connectivity; pg. 13, par. 3, “when the NAN terminal supports 900MHz, the NAN terminal may transmit a signal farther”);
causing to send the first NAN service discovery frame (pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”);
identifying a second NAN service discovery frame received from a second NAN device (pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010. In this case, the NAN service discovery frame may include a NAN connection capability attribute field. In addition, the NAN connectivity capability attribute field may include a Sub 1 GHz band or an IEEE 802.11ah information field”, wherein the first NAN terminal 1010 identifies the NAN service discovery frame received from the second NAN terminal 1020),
the second NAN service discovery frame comprising a second indication that the second NAN device supports the NAN operation with the maximum transmit power in the sub 1 GHz frequency band (pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010. In this case, the NAN service discovery frame may include a NAN connection capability attribute field. In addition, the NAN connectivity capability attribute field may include a Sub 1 GHz band or an IEEE 802.11ah information field”; sub 1GHz device such as 900 MHz operates at its maximum allowable power to ensure long-range, non-line-of-sight connectivity; pg. 13, par. 3, “when the NAN terminal supports 900MHz, the NAN terminal may transmit a signal farther”); and
establishing, based on the maximum transmit power, a NAN connection, between the NAN device and the second NAN device, using the 6 sub 1 GHz frequency band for the NAN operation (pg. 19, pars. 5-6, “When the first NAN terminal 1010 receives a service discovery frame indicating that the Sub 1 GHz band or IEEE 802.11ah supports from the second NAN terminal 1020, the first NAN terminal 1010 is a Connection Result event Can be delivered to the service / application stage. Through this, the first NAN terminal 1010 and the second NAN terminal 1020 may exchange information ... the first NAN terminal 1010 and the second NAN terminal 1020 exchange information on the Sub 1 GHz band or IEEE 802.11ah, and then perform data exchange using the Sub 1 GHz band or IEEE 802.11ah.”).
Park does not explicitly teach that the operation support and connection establishment in the sub 1 GHz frequency band is support and connection establishment in 6 GHz.
However, Cherian teaches operation support and connection establishment in 6 GHz ([0088], “STA 106 or the AP 104 transmitting the HE PHY capabilities information field supports 6 GHz operation or communications. Specifically, the HE PHY capabilities information field transmitted by the HE STA 106 or the HE AP 104 may include a 6 GHz support field having a length of one or more bits”; [0071], “STA 106 may receive and transmit communications on ... frequency network or channel (e.g., a 6 GHz network). Other frequencies of networks may be applicable as well”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Cherian with the teaching of Park in order to offer a significant advantage by combining an exclusive, clean, and massive spectrum with advanced, intelligent, and efficient protocols, allowing for higher capacity, low-latency, and high-throughput transmissions for better handling of high-density environments.
Regarding claim 37, Park teaches a method comprising:
generating, by processing circuitry of a first NAN device (pg. 3, par. 6, “first NAN terminal may include a receiving module for receiving the information from the external device, a transmitting module for transmitting the information to the external device, and a processor for controlling the receiving module and the transmitting module”; pg. 21, par. 5, “software code may be stored in a memory unit and driven by a processor”), a first NAN service discovery frame comprising a first indication that the first NAN device supports a NAN operation with a maximum transmit power in a 6 sub 1 GHz frequency band (pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”, wherein the NAN service discovery frame is generated by the first NAN terminal 1010 for transmission to the second NAN terminal 1020; sub 1GHz device such as 900 MHz operates at its maximum allowable power to ensure long-range, non-line-of-sight connectivity; pg. 13, par. 3, “when the NAN terminal supports 900MHz, the NAN terminal may transmit a signal farther”);
causing to send, by the processing circuitry (pg. 3, par. 6, “first NAN terminal may include a receiving module for receiving the information from the external device, a transmitting module for transmitting the information to the external device, and a processor for controlling the receiving module and the transmitting module”; pg. 21, par. 5, “software code may be stored in a memory unit and driven by a processor”), the first NAN service discovery frame (pg. 18, par. 3, “the first NAN terminal 1010 may transmit a NAN service discovery frame in which a Sub 1 GHz band or an IEEE 802.11ah information field is set to a first value to the second NAN terminal 1020”);
identifying, by the processing circuitry(pg. 3, par. 6, “first NAN terminal may include a receiving module for receiving the information from the external device, a transmitting module for transmitting the information to the external device, and a processor for controlling the receiving module and the transmitting module”; pg. 21, par. 5, “software code may be stored in a memory unit and driven by a processor”), a second NAN service discovery frame received from a second NAN device (pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010. In this case, the NAN service discovery frame may include a NAN connection capability attribute field. In addition, the NAN connectivity capability attribute field may include a Sub 1 GHz band or an IEEE 802.11ah information field”, wherein the first NAN terminal 1010 identifies the NAN service discovery frame received from the second NAN terminal 1020),
the second NAN service discovery frame comprising a second indication that the second NAN device supports the NAN operation with the maximum transmit power in the sub 1 GHz frequency band (pg. 19, par. 1, “second NAN terminal 1020 may also transmit the NAN service discovery frame to the first NAN terminal 1010. In this case, the NAN service discovery frame may include a NAN connection capability attribute field. In addition, the NAN connectivity capability attribute field may include a Sub 1 GHz band or an IEEE 802.11ah information field”; sub 1GHz device such as 900 MHz operates at its maximum allowable power to ensure long-range, non-line-of-sight connectivity; pg. 13, par. 3, “when the NAN terminal supports 900MHz, the NAN terminal may transmit a signal farther”); and
establishing, by the processing circuitry, based on the maximum transmit power, a NAN connection, between the first NAN device and the second NAN device, using the sub 1 GHz frequency band for the NAN operation (pg. 19, pars. 5-6, “When the first NAN terminal 1010 receives a service discovery frame indicating that the Sub 1 GHz band or IEEE 802.11ah supports from the second NAN terminal 1020, the first NAN terminal 1010 is a Connection Result event Can be delivered to the service / application stage. Through this, the first NAN terminal 1010 and the second NAN terminal 1020 may exchange information ... the first NAN terminal 1010 and the second NAN terminal 1020 exchange information on the Sub 1 GHz band or IEEE 802.11ah, and then perform data exchange using the Sub 1 GHz band or IEEE 802.11ah.”).
Park does not explicitly teach that the operation support and connection establishment in the sub 1 GHz frequency band is support and connection establishment in 6 GHz.
However, Cherian teaches operation support and connection establishment in 6 GHz ([0088], “STA 106 or the AP 104 transmitting the HE PHY capabilities information field supports 6 GHz operation or communications. Specifically, the HE PHY capabilities information field transmitted by the HE STA 106 or the HE AP 104 may include a 6 GHz support field having a length of one or more bits”; [0071], “STA 106 may receive and transmit communications on ... frequency network or channel (e.g., a 6 GHz network). Other frequencies of networks may be applicable as well”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Cherian with the teaching of Park in order to offer a significant advantage by combining an exclusive, clean, and massive spectrum with advanced, intelligent, and efficient protocols, allowing for higher capacity, low-latency, and high-throughput transmissions for better handling of high-density environments.
7. Claims 22, 31, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Cherian, and further in view of Banerjea (US 2017/0303275 A1).
Regarding claim 22, Park in view of Cherian teaches the NAN device of claim 21.
The combination does not explicitly teach wherein the NAN operation is a very low power (VLP) operation, and wherein the maximum transmit power is 14 dBm.
However, Banerjea teaches wherein an operation is a very low power (VLP) operation, and wherein a maximum transmit power is 14 dBm ([0032], “14 dBm power limit on Wi-Fi devices that transmit data on a 2 MHz resource unit (RU) using orthogonal frequency-division multiple access (OFDMA) communications”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Banerjea with the teaching of Park as modified by Cherian in order to provide an optimal balance between a service discovery range and power efficiency, particularly for mobile, battery-operated devices.
Regarding claim 31, Park in view of Cherian teaches the non-transitory computer-readable medium of claim 30.
The combination does not explicitly teach wherein the NAN operation is a very low power (VLP) operation, and wherein the maximum transmit power is 14 dBm.
However, Banerjea teaches wherein an operation is a very low power (VLP) operation, and wherein a maximum transmit power is 14 dBm ([0032], “14 dBm power limit on Wi-Fi devices that transmit data on a 2 MHz resource unit (RU) using orthogonal frequency-division multiple access (OFDMA) communications”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Banerjea with the teaching of Park as modified by Cherian0. in order to provide an optimal balance between a service discovery range and power efficiency, particularly for mobile, battery-operated devices.
Regarding claim 38, Park in view of Cherian teaches the method of claim 37.
The combination does not explicitly teach wherein the NAN operation is a very low power (VLP) operation, and wherein the maximum transmit power is 14 dBm.
However, Banerjea teaches wherein an operation is a very low power (VLP) operation, and wherein a maximum transmit power is 14 dBm ([0032], “14 dBm power limit on Wi-Fi devices that transmit data on a 2 MHz resource unit (RU) using orthogonal frequency-division multiple access (OFDMA) communications”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Banerjea with the teaching of Park as modified by Cherian in order to provide an optimal balance between a service discovery range and power efficiency, particularly for mobile, battery-operated devices.
8. Claims 23-24, 32-33, and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Cherian, and further in view of Li (US 2019/0335535 A1).
Regarding claim 23, Park in view of Cherian teaches the NAN device of claim 21.
The combination does not explicitly teach wherein the NAN operation is a low power indoor (LPI) operation, and wherein the maximum transmit power is 24 dBm.
However, Li teaches wherein an operation is a low power indoor (LPI) operation, and wherein a maximum transmit power is 24 dBm ([0123-0124], “Frequency hopping features for D2D communications may be supported ... transmit power may be limited to 24 dBm).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Li with the teaching of Park as modified by Cherian in order to increase the effective communication range, better signal to noise ratio, and penetration capability, in challenging environments.
Regarding claim 24, Park in view of Cherian teaches the NAN device of claim 21.
The combination does not explicitly teach wherein the NAN operation is a standard power (SP) operation, and wherein the maximum transmit power is 30 dBM.
However, Li teaches wherein an operation is a standard power (SP) operation, and wherein a maximum transmit power is 30 dBM ([0123-0124], Frequency hopping features for D2D communications may be supported ... transmit power may be limited to 30 dBm).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Li with the teaching of Park as modified by Cherian in order to create a very robust and extensive peer-to-peer connection with expanded discovery range, improved penetration of obstacles, increased network reliability, and increased throughput.
Regarding claim 32, Park in view of Cherian teaches the non-transitory computer-readable medium of claim 30.
The combination does not explicitly teach wherein the NAN operation is a low power indoor (LPI) operation, and wherein the maximum transmit power is 24 dBm.
However, Li teaches wherein an operation is a low power indoor (LPI) operation, and wherein a maximum transmit power is 24 dBm ([0123-0124], “Frequency hopping features for D2D communications may be supported ... transmit power may be limited to 24 dBm).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Li with the teaching of Park as modified by Cherian in order to increase the effective communication range, better signal to noise ratio, and penetration capability, in challenging environments.
Regarding claim 33, Park in view of Cherian teaches the non-transitory computer-readable medium of claim 30.
The combination does not explicitly teach wherein the NAN operation is a standard power (SP) operation, and wherein the maximum transmit power is 30 dBM.
However, Li teaches wherein an operation is a standard power (SP) operation, and wherein a maximum transmit power is 30 dBM ([0123-0124], Frequency hopping features for D2D communications may be supported ... transmit power may be limited to 30 dBm).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Li with the teaching of Park as modified by Cherian in order to create a very robust and extensive peer-to-peer connection with expanded discovery range, improved penetration of obstacles, increased network reliability, and increased throughput.
Regarding claim 39, Park in view of Cherian teaches the method of claim 37.
The combination does not explicitly teach wherein the NAN operation is a low power indoor (LPI) operation, and wherein the maximum transmit power is 24 dBm.
However, Li teaches wherein an operation is a low power indoor (LPI) operation, and wherein a maximum transmit power is 24 dBm ([0123-0124], “Frequency hopping features for D2D communications may be supported ... transmit power may be limited to 24 dBm).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Li with the teaching of Park as modified by Cherian in order to increase the effective communication range, better signal to noise ratio, and penetration capability, in challenging environments.
Regarding claim 40, Park in view of Cherian teaches the method of claim 37.
The combination does not explicitly teach wherein the NAN operation is a standard power (SP) operation, and wherein the maximum transmit power is 30 dBM.
However, Li teaches wherein an operation is a standard power (SP) operation, and wherein a maximum transmit power is 30 dBM ([0123-0124], Frequency hopping features for D2D communications may be supported ... transmit power may be limited to 30 dBm).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Li with the teaching of Park as modified by Cherian in order to create a very robust and extensive peer-to-peer connection with expanded discovery range, improved penetration of obstacles, increased network reliability, and increased throughput.
9. Claims 25 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Cherian, further in view of Li, and further in view of Yucek (US 2019/0075549 A1).
Regarding claim 25, Park in view of Cherian, and further in view of Li teaches the NAN device of claim 24.
The combination does not explicitly teach wherein at least one of the first NAN device or the second NAN device operates using Automated Frequency Coordination (AFC) in the 6 GHz frequency band.
However, Yucek teaches wherein at least one of a first device or a second device operates using Automated Frequency Coordination (AFC) in a 6 GHz frequency band ([0090], “provide for automated frequency coordination (ACF), for example, in the 6 GHz frequency band”; [0029], “STAs 115 may form networks without APs 105 or other equipment other than the STAs 115 themselves. One example of such a network is an ad hoc network (or wireless ad hoc network). Ad hoc networks may alternatively be referred to as mesh networks or peer-to-peer (P2P) connections”; Fig. 1, peer-to-peer devices).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Yucek with the teaching of Park as modified by Cherian and Li in order to enable standard power operation, significantly increasing signal strength, extending range, and enabling robust outdoor deployments.
Regarding claim 34, Park in view of Cherian, and further in view of Li teaches the non-transitory computer-readable medium of claim 33.
The combination does not explicitly teach wherein at least one of the first NAN device or the second NAN device operates using Automated Frequency Coordination (AFC) in the 6 GHz frequency band.
However, Yucek teaches wherein at least one of a first device or a second device operates using Automated Frequency Coordination (AFC) in a 6 GHz frequency band ([0090], “provide for automated frequency coordination (ACF), for example, in the 6 GHz frequency band”; [0029], “STAs 115 may form networks without APs 105 or other equipment other than the STAs 115 themselves. One example of such a network is an ad hoc network (or wireless ad hoc network). Ad hoc networks may alternatively be referred to as mesh networks or peer-to-peer (P2P) connections”; Fig. 1, peer-to-peer devices).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Yucek with the teaching of Park as modified by Cherian and Li in order to enable standard power operation, significantly increasing signal strength, extending range, and enabling robust outdoor deployments.
10. Claims 26 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Cherian, and further in view of Mukherjee ("Channel Partitioning for Frequency-Hopping Narrowband IOT", WO 2018/042371 A1, pub. date 2018-03-08).
Regarding claim 26, Park in view of Cherian teaches the NAN device of claim 21.
The combination does not explicitly teach wherein the NAN operation is a standard power (SP) operation, and wherein the maximum transmit power is 36 dBM.
However, Mukherjee teaches wherein an operation is a standard power (SP) operation, and wherein a maximum transmit power is 36 dBM (pg. 3, par. 3, “unlicensed spectrum ... transmit power of the data transmission may be as high as 36 dBm”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Mukherjee with the teaching of Park as modified by Cherian in order to extend range for device discovery, improve penetration through obstacles, and enable faster discovery.
Regarding claim 35, Park in view of Cherian teaches the non-transitory computer-readable medium of claim 30.
The combination does not explicitly teach wherein the NAN operation is a standard power (SP) operation, and wherein the maximum transmit power is 36 dBM.
However, Mukherjee teaches wherein an operation is a standard power (SP) operation, and wherein a maximum transmit power is 36 dBM (pg. 3, par. 3, “unlicensed spectrum ... transmit power of the data transmission may be as high as 36 dBm”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Mukherjee with the teaching of Park as modified by Cherian in order to extend range for device discovery, improve penetration through obstacles, and enable faster discovery.
11. Claims 27 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Cherian, and further in view of Verma (US 2019/0116545 A1).
Regarding claim 27, Park in view of Cherian teaches the NAN device of claim 21, wherein the first indication and the second indication each comprise a two bits (Park pg. 14, par. 6, “a field in which a bit is defined as “6” in the bitmap field may indicate whether the sub 1 GHz band or the IEEE 802.11ah is supported”).
Park does not explicitly teach that the bit is two bits.
However, Verma teaches a two bit indication ([0065],”Capabilities IE may utilize two or more bits to advertise the WLAN device's bandwidth capabilities information”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Verma with the teaching of Park as modified by Cherian in order to offers a balance between memory efficiency and the ability to represent more than a simple state of supported or not supported, but also a state of active or error.
Regarding claim 36, Park in view of Cherian teaches the non-transitory computer-readable medium of claim 30, wherein the first indication and the second indication each comprise two a bits (Park pg. 14, par. 6, “a field in which a bit is defined as “6” in the bitmap field may indicate whether the sub 1 GHz band or the IEEE 802.11ah is supported”).
Park does not explicitly teach that the bit is two bits.
However, Verma teaches a two bit indication ([0065],”Capabilities IE may utilize two or more bits to advertise the WLAN device's bandwidth capabilities information”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Verma with the teaching of Park as modified by Cherian in order to offers a balance between memory efficiency and the ability to represent more than a simple state of supported or not supported, but also a state of active or error.
Conclusion
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/ALEXANDER J YI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643