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 Amendment
The Amendment filed May 10, 2026 has been entered. Claims 1 and 3-21 are pending in the application. Applicant has submitted amendments to the claims along with other remarks. Applicant’s arguments have overcome the objection to the drawings. Claims 1 and 3-21 are still rejected by prior art references, refer to the following rejection for details.
Response to Arguments
Applicant’s arguments and amendments, see pp. 1-6 of the response, filed June 30, 2025, with respect to the rejection(s) of claim(s) 1 and 3-21 under § 102 have been fully considered and are persuasive. However, upon further consideration for the amendments, a new ground(s) of rejection is made in view of new reference, please see the rejection for details.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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, 6, 8, 12, 16, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Non-patent Literature entitled, “Multi-Access Management Services (MAMS)” (hereinafter RFC 8743) in view of U.S. Publication No. 2018/0098250 (hereinafter “Vrzic”)
Regarding claim 1, RFC 8743 teaches: operating, via a wireless communication device (Client), a first communication link between the wireless communication device and a first access point using a first media access control (MAC) layer of the wireless communication device (Fig. 1); initiating, using a second MAC layer of the wireless communication device, a roaming handover with a second access point while the first communication link remains configured to transmit and receive application or IP layer communication packets (C.1.12.1. MX Keep-Alive Request Delivery Node ID: The target delivery node ID (ECGI or Wi-Fi AP ID/MAC address) to which the handover is executed; 8.3.2. Keep-Alive Procedure - Delivery Node ID: Identity of the node to which the client is attached. In the case of LTE, this is an E-UTRAN Cell Global Identifier (ECGI). In the case of Wi-Fi, this is an AP ID or a Media Access Control (MAC) address. If the reason is "Handover", the inclusion of this field is mandatory.); ceasing transmission and reception of the application or IP layer communication packets on the first communication link after the roaming handover has been initiated (8.3.2. Keep-Alive Procedure - Additionally, the CCM SHALL immediately send an MX Keep-Alive Request to the NCM whenever it detects a handover from one base station / access point to another. During this time, the client SHALL stop using MAMS user-plane functionality in the uplink direction until it receives an MX Keep-Alive Response from the NCM.); and resuming the application or IP layer communication packets with a second communication link between the wireless communication device and the second access point upon completion of the roaming handover (C.1.12.2. MX Keep-Alive Response -On receiving an MX Keep-Alive Request from a peer, the NCM/CCM shall immediately respond with an MX Keep-Alive Response on the same delivery path from where the request arrived. In addition to the base information, it contains the unique session identifier for the CCM-NCM association (defined in Appendix C.2.2)).
RFC 8743 discloses a key exchange for an active MX configuration (client key) on p. 27/145 (“MX Convergence Method Parameters: Convergence Proxy IP Address, Convergence Proxy Port, Client Key). RFC 8743 also teaches resuming transmissions (Fig. 2 and reference in the document to: [IEEE-80211] IEEE, "IEEE Standard for Information technology-Telecommunications and information exchange between systems - Local and metropolitan area networks-Specific requirements - Part 11: Wireless LAN Medium Access Control (MAC) and Physical Layer (PHY) Specifications", IEEE 802.11-2016, <https://ieeexplore.ieee.org/document/7786995>.)
RFC 8743 does not explicitly teach: wherein the second communication link is established using the second MAC layer before termination of the first communication link, and resuming transmission and receipt of the application or IP layer communication packets with the second communication link comprises resuming transmission and reception of the application or IP layer communication packets using the first MAC layer of the wireless communication device after the second MAC layer completes authentication and key exchange with the second access point and after the encryption key is installed on the first MAC layer.
However, in the same field of endeavor, Vrzic teaches: wherein the second communication link is established using the second MAC layer before termination of the first communication link ([0042] make-before-break, [0055], [0084]), and resuming transmission and receipt of the application or IP layer communication packets with the second communication link comprises resuming transmission and reception of the application or IP layer communication packets using the first MAC layer of the wireless communication device ([0101] In each access node (i.e. MgNB 362 and SgNB 367) in MC/DC, the logical channels at the MAC 705 layer may be mapped to a transport channel associated with a different link/cell/carrier. In this case, the mapping between each logical channel to transport channel is also configured to one-to-one. There can be a common scheduler/multiplexer at the upper MAC (U-MAC 705) layer that can perform cross-carrier scheduling of the MAC PDUs or transport blocks (TBs) across different link/cell/carrier. In the lower MAC (L-MAC 710) layer, each link can in turn be handled by its own HARQ process that can be configured to support a certain maximum number of re-transmissions (e.g. 1 re-transmission per HARQ process). This allows the HARQ processes (for each link) to operate independently of each other.) after the second MAC layer completes authentication and key exchange with the second access point and after the encryption key is installed on the first MAC layer ([0054] When the UE 100 moves out of a coverage area associated with the anchor RAN node, the UE can establish the security association with the PDCP function in the target RAN node. Alternatively, the core network can initiate the key exchange during the mobility event. [0055] In order to ensure seamless handover of the Anchor node function from a first gNB to a second gNB).
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 modify RFC 8743 to include the feature of make-before-break connections and a combination of RFC 8743 with Vrzic renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing make-before-break connections).
Regarding claim 3, RFC 8743 teaches: wherein initiating the roaming handover comprises transmitting an authentication request from the wireless communication device to the second access point using the second MAC layer. (14.1. MAMS Control-Plane Security - For deployment scenarios where client authentication is desired, the WebSocket server can use any client authentication mechanisms available to a generic HTTP server, such as cookies, HTTP authentication, or TLS authentication; See also, cited RFC 8446 4.1.2 – Client Hello).
Regarding claim 6, RFC 8743 teaches: exchanging security and encryption frames with the second access point; and installing the encryption key, wherein exchanging and installing are performed prior to resuming transmission and reception of the application or IP layer communication packets using the second communication link (1. Introduction: The MAMS framework leverages network intelligence and policies to dynamically adapt traffic distribution across selected paths and user-plane treatments (e.g., encryption needed for transport over Wi-Fi, or tunneling needed to overcome a NAT between client and multipath proxy) to changing network/link conditions. . . . Further, it allows the choice and configuration of user-plane treatment for the traffic over the paths, depending on the application's needs. See also, Cisco - 802.11r, 802.11k, and 802.11w Deployment Guide).
Regarding claim 8, RFC 8743 teaches: wherein resuming transmission and reception of the application or IP layer communication packets with the second communication link comprises resuming transmission and reception of the application or IP layer communication using the second MAC layer of the wireless communication device (4.9. Lossless Path (Connection) Switching - When switching data traffic from one path (connection) to another, packets may be lost or delivered out of order; this will have negative impact on the performance of higher-layer protocols, e.g., TCP. The framework SHOULD provide the necessary mechanisms to ensure in-order delivery at the receiver, e.g., during path switching. The framework MUST NOT cause any packet loss beyond losses that access network mobility functions may cause.).
Regarding claim 12, RFC 8743 teaches: wherein initiating, using the second MAC layer of the wireless communication device, a roaming handover with the second access point while the first communication link remains configured for transmission (p. 48/145, Figure 21 describes the steps where the client reports that Wi-Fi link conditions have degraded in both the UL and DL. As the Wi-Fi link conditions deteriorate further, the NCM may decide to send a MX Traffic Steering Request that instructs the client to stop using Wi-Fi and to use only the LTE access in both the UL and DL. This condition may be maintained until the NCM determines, based on reported measurements, that the Wi-Fi link has again become usable.) and reception of the application or IP layer communication packets comprises establishing the second communication link that is limited to performing the MAC layer operations (p. 49/145, Figure 22 shows the call flow describing MAMS control procedures applied for dynamic optimal path selection in a scenario where Convergence and Adaptation Layer protocols are omitted. This scenario indicates the applicability of a solution for only the MAMS control plane.) for the roam handover until the second communication link is ready to transmit and receive the application or IP layer communication packets in response to an action event signal that is transmitted to the second access point (4.14. Service Discovery and Reachability - The client MUST have the flexibility to choose the appropriate control-plane instance in the network and use the control-plane signaling to choose the desired user-plane functional element instances. The client's choice can be based on considerations such as, but not limited to, the quality of the link through which the network function is reachable, client preferences, preconfiguration, etc.).
Regarding claim 16, RFC 8743 teaches: wherein the second communication link is established before the first communication link ceases transmission and reception of the application or IP layer communication packets and is utilized for transmission and reception of the application or IP layer communication packets after the first communication link ceases transmission and reception of the application or IP layer communication packets (4.9. Lossless Path (Connection) Switching - When switching data traffic from one path (connection) to another, packets may be lost or delivered out of order; this will have negative impact on the performance of higher-layer protocols, e.g., TCP. The framework SHOULD provide the necessary mechanisms to ensure in-order delivery at the receiver, e.g., during path switching. The framework MUST NOT cause any packet loss beyond losses that access network mobility functions may cause.).
Regarding claim 20, RFC 8743 teaches: wherein a connection error occurs between the wireless communication device and the second access point during the roaming handover and the method further comprises: reattempting to establish the second communication link with the second access point or a third access point while the first communication link remains configured to transmit and receive application or IP layer communication packets (8.3.1. Message Timeout - After sending a MAMS control message, the MAMS control-plane peer (NCM or CCM) waits for a duration of MAMS_TIMEOUT ms before timing out in cases where a response was expected. The sender of the message will retransmit the message for MAMS_RETRY times before declaring failure if no response is received. A failure implies that the MAMS peer is dead or unreachable, and the sender reverts to native non-multi-access / single-path mode. The CCM may initiate the MAMS discovery procedure for re-establishing the MAMS session.).
Regarding claim 21, RFC 8743 teaches: A wireless communication device comprising: one or more antennas; one or more radiofrequency transceivers configured to transmit and receive radiofrequency signals via the one or more antennas (client); a first media access control (MAC) layer configured to operate a first communication link between the wireless communication device and a first access point (p. 21/145 Delivery Node ID: Identity of the node to which the client is attached. In the case of LTE, this is an E-UTRAN Cell Global Identifier (ECGI). In the case of Wi-Fi, this is an AP ID or a Media Access Control (MAC) address. If the reason is "Handover", the inclusion of this field is mandatory.); and a second media access control (MAC) layer configured to initiate a roaming handover with a second access point while transmission and reception of application or IP layer communication packets (C.1.12.1. MX Keep-Alive Request Delivery Node ID: The target delivery node ID (ECGI or Wi-Fi AP ID/MAC address) to which the handover is executed; 8.3.2. Keep-Alive Procedure - Delivery Node ID: Identity of the node to which the client is attached. In the case of LTE, this is an E-UTRAN Cell Global Identifier (ECGI). In the case of Wi-Fi, this is an AP ID or a Media Access Control (MAC) address. If the reason is "Handover", the inclusion of this field is mandatory.) continues on the first communication link (Figure 1, lines from C-MADP), transmission and reception of the application or IP layer communication packets ceasing on the first communication link after the roaming handover has been initiated (8.3.2. Keep-Alive Procedure - Additionally, the CCM SHALL immediately send an MX Keep-Alive Request to the NCM whenever it detects a handover from one base station / access point to another. During this time, the client SHALL stop using MAMS user-plane functionality in the uplink direction until it receives an MX Keep-Alive Response from the NCM.), and transmission and reception of the application or IP layer communication packets resuming on a second communication link between the wireless communication device and the second access point upon completion of the roaming handover (C.1.12.2. MX Keep-Alive Response -On receiving an MX Keep-Alive Request from a peer, the NCM/CCM shall immediately respond with an MX Keep-Alive Response on the same delivery path from where the request arrived. In addition to the base information, it contains the unique session identifier for the CCM-NCM association (defined in Appendix C.2.2)).
Claims 4, 5, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over RFC 8743 in view of Vrzic and further in view of U.S. Publication No. 2009/0186601 (hereinafter “Hahn”)
Regarding claim 4, the combination of RFC 8743 and Vrzic does not explicitly teach: receiving an authentication reply from the second access point; and sending an authentication ready signal from the second MAC layer to the first MAC layer, wherein the wireless communication device ceases transmission and reception of the application or IP layer communication packets via the first communication link in response to the authentication ready signal.
However, in the same field of endeavor, Hahn teaches: receiving an authentication reply from the second access point; and sending an authentication ready signal from the second MAC layer to the first MAC layer, wherein the wireless communication device ceases transmission and reception of the application or IP layer communication packets via the first communication link in response to the authentication ready signal ([0235] The mobile node (MN), which has performed the pre-authentication procedure with the target network authenticator 690 at steps S614.about.S617, can perform the L2 handover to the target network 690. Therefore, after the above handover, a new authentication procedure and a key setup procedure between the mobile node (MN) and the target network may be omitted as necessary. If the L2 handover (i.e., a second layer (L2) handover), the MAC of the mobile node (MN) 600 establishes a security association (SA) with an access point of the target network authenticator 690, and is ready to communicate with the access point at step S617.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of providing a ready signal and a combination of RFC 8743 and Vrzic with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing a ready signal).
Regarding claim 5, the combination of RFC 8743 and Vrzic does not explicitly teach: transmitting a reassociation request from the wireless communication device to the second access point using the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets using the second communication link.
However, in the same field of endeavor, Hahn teaches: transmitting a reassociation request from the wireless communication device to the second access point using the first MAC layer ([0012] By the above-mentioned procedure, the MS and the TBS form basic functions at step S119. The MS and the TBS perform the ranging process to start re-entering the network. Also, the MS is re-registered in the TBS, and establishes a re-connection to the TBS at step S120); and resuming transmission and reception of the application or IP layer communication packets using the second communication link (So, the MS is registered in the TBS at step S121, and an IP connection from the TBS is re-established in the MS at step S122. As a result, the TBS serves as the SBS, such that it can provide the MS with necessary services.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of providing a ready signal and a combination of RFC 8743 and Vrzic with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., reassociating and resuming transmission).
Regarding claim 10, the combination of RFC 8743 and Vrzic does not explicitly teach: exchanging security and encryption frames with the second access point; and installing the encryption key, wherein exchanging and installing are performed prior to resuming transmission and reception of the application or IP layer communication packets using the second communication link and after the new link ready signal is sent.
However, in the same field of endeavor, Hahn teaches: exchanging security and encryption frames with the second access point; and installing the encryption key, wherein exchanging and installing are performed prior to resuming transmission and reception of the application or IP layer communication packets using the second communication link and after the new link ready signal is sent ([0005] A general handover procedure and an authentication procedure based on a Privacy and Key Management Sublayer (PKM) prescribed in the IEEE 802.16 standard will hereinafter be described in detail.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of exchanging frames and a combination of RFC 8743 and Vrzic with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., exchanging security and encryption frames).
Regarding claim 11, the combination of RFC 8743 and Vrzic does not explicitly teach: exchanging security and encryption frames with the second access point; and installing the encryption key, wherein exchanging and installing are performed prior to resuming transmission and reception of the application or IP layer communication packets using the second communication link and before the new link ready signal is sent.
However, in the same field of endeavor, Hahn teaches: exchanging security and encryption frames with the second access point; and installing the encryption key, wherein exchanging and installing are performed prior to resuming transmission and reception of the application or IP layer communication packets using the second communication link and before the new link ready signal is sent ([0005] A general handover procedure and an authentication procedure based on a Privacy and Key Management Sublayer (PKM) prescribed in the IEEE 802.16 standard will hereinafter be described in detail.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of exchanging frames and a combination of RFC 8743 and Vrzic with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., exchanging security and encryption frames).
Claims 7, 9, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over RFC 8743 in view of Vrzic and further in view of U.S. Patent No. 11,483,845 (hereinafter “Gordaychik”) and further in view of Hahn
Regarding claim 7, the combination of RFC 8743 and Vrzic does not explicitly teach: transmitting an authentication request from the wireless communication device to the second access point using the second MAC layer and a first frequency band; transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band; and exchanging security and encryption frames with the second access point using the second MAC layer and the first frequency band; sending a new link read signal from the second MAC layer to the first MAC layer after exchanging the security and encryption frames; installing the encryption key on the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets via the second communication link using the first MAC layer and a second frequency band of the second access point, wherein the wireless communication device ceases transmission and reception of the application layer communication via the first communication link in response to the new link ready signal.
However, in the same field of endeavor, Gordaychik teaches: transmitting an authentication request from the wireless communication device to the second access point using the second MAC layer (1:37-42, The wireless device may transmit feedback, to the first AP or the second AP, based on reception of the data. The first group based transmission may be addressed to a first MAC address of the plurality of MAC addresses and the second group based transmission may be addressed to a second MAC address of the plurality of MAC addresses.) and a first frequency band (1:17-21, The wireless device may receive a first group based transmission, on an operating band of the first AP, from the first access point (AP).)
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 modify the combination of RFC 8743 and Vrzic to include the feature of multiple frequency bands and a combination of RFC 8743 and Vrzic with Gordaychik renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing access to multiple frequency bands).
The combination of RFC 8743, Vrzic, and Gordaychik teaches sending end exchanging encryption keys and authentication. (11:45-60 The UE may be configured with security information (keys, certificates or the like) of another UE accessible via sidelink and may authenticate the another UE. The UE may be configured with a group ID or other ID instead of a single UE ID. Security may be employed via physical layer, MAC layer or higher layer security procedures. Using physical layer procedures, for example, a cryptographic key or set of cryptographic keys may be derived via channel state information (CSI), beam forming information, channel statistics or other channel characteristics gleamed from measurements taken on a channel. These channel characteristics may be determined from beacon signals transmitted by an access point or via scheduled or unscheduled transmissions made by a STA. Other methods of employing physical layer security include an addition of random noise into a data transmission to degrade detection ability.). The combination of RFC 8743, Vrzic, and Gordaychik does not explicitly teach: transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band; and exchanging security and encryption frames with the second access point using the second MAC layer and the first frequency band; sending a new link read signal from the second MAC layer to the first MAC layer after exchanging the security and encryption frames; installing the encryption key on the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets via the second communication link using the first MAC layer and a second frequency band of the second access point, wherein the wireless communication device ceases transmission and reception of the application layer communication via the first communication link in response to the new link ready signal.
However, in the same field of endeavor, Hahn teaches: transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band; and exchanging security and encryption frames with the second access point using the second MAC layer and the first frequency band ([0021-22]); sending a new link read signal from the second MAC layer to the first MAC layer after exchanging the security and encryption frames ([0008]); installing the encryption key on the first MAC layer ([0037]); and resuming transmission and reception of the application or IP layer communication packets via the second communication link using the first MAC layer and a second frequency band of the second access point ([0012] By the above-mentioned procedure, the MS and the TBS form basic functions at step S119. The MS and the TBS perform the ranging process to start re-entering the network. Also, the MS is re-registered in the TBS, and establishes a re-connection to the TBS at step S120. So, the MS is registered in the TBS at step S121, and an IP connection from the TBS is re-established in the MS at step S122. As a result, the TBS serves as the SBS, such that it can provide the MS with necessary services.), wherein the wireless communication device ceases transmission and reception of the application layer communication via the first communication link in response to the new link ready signal ([0235] The mobile node (MN), which has performed the pre-authentication procedure with the target network authenticator 690 at steps S614.about.S617, can perform the L2 handover to the target network 690. Therefore, after the above handover, a new authentication procedure and a key setup procedure between the mobile node (MN) and the target network may be omitted as necessary. If the L2 handover (i.e., a second layer (L2) handover), the MAC of the mobile node (MN) 600 establishes a security association (SA) with an access point of the target network authenticator 690, and is ready to communicate with the access point at step S617.).
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 modify the combination of RFC 8743, Vrzic, and Gordaychik to include the feature of security associations and a combination of RFC 8743, Vrzic, and Gordaychik with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing security with multiple frequency bands).
Regarding claim 9, RFC 8743 teaches that the wherein the wireless communication device ceases transmission and reception of the application layer communication via the first communication link in response to the new link ready signal (4.9. Lossless Path (Connection) Switching - When switching data traffic from one path (connection) to another, packets may be lost or delivered out of order; this will have negative impact on the performance of higher-layer protocols, e.g., TCP. The framework SHOULD provide the necessary mechanisms to ensure in-order delivery at the receiver, e.g., during path switching. The framework MUST NOT cause any packet loss beyond losses that access network mobility functions may cause.). The combination of RFC 8743 and Vrzic does not explicitly teach: transmitting an authentication request from the wireless communication device to the second access point using the second MAC layer; transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer; and in response to the reassociation response, sending a new link ready signal from the second MAC layer to the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets using the second communication link.
However, in the same field of endeavor, Gordaychik teaches: transmitting an authentication request from the wireless communication device to the second access point using the second MAC layer (1:37-42, The wireless device may transmit feedback, to the first AP or the second AP, based on reception of the data. The first group based transmission may be addressed to a first MAC address of the plurality of MAC addresses and the second group based transmission may be addressed to a second MAC address of the plurality of MAC addresses.) and a first frequency band (1:17-21, The wireless device may receive a first group based transmission, on an operating band of the first AP, from the first access point (AP).)
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 modify the combination of RFC 8743 and Vrzic to include the feature of multiple frequency bands and a combination of RFC 8743 and Vrzic with Gordaychik renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing access to multiple frequency bands).
The combination of RFC 8743, Vrzic, and Gordaychik teaches sending end exchanging encryption keys and authentication. (11:45-60 The UE may be configured with security information (keys, certificates or the like) of another UE accessible via sidelink and may authenticate the another UE. The UE may be configured with a group ID or other ID instead of a single UE ID. Security may be employed via physical layer, MAC layer or higher layer security procedures. Using physical layer procedures, for example, a cryptographic key or set of cryptographic keys may be derived via channel state information (CSI), beam forming information, channel statistics or other channel characteristics gleamed from measurements taken on a channel. These channel characteristics may be determined from beacon signals transmitted by an access point or via scheduled or unscheduled transmissions made by a STA. Other methods of employing physical layer security include an addition of random noise into a data transmission to degrade detection ability.). The combination of RFC 8743, Vrzic, and Gordaychik does not explicitly teach: transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band; and in response to the reassociation response, sending a new link ready signal from the second MAC layer to the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets using the second communication link.
However, in the same field of endeavor, Hahn teaches: transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band; and in response to the reassociation response, sending a new link ready signal from the second MAC layer to the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets using the second communication link, wherein the wireless communication device ceases transmission and reception of the application or IP layer communication packets via the first communication link in response to the new link ready signal ([0235] The mobile node (MN), which has performed the pre-authentication procedure with the target network authenticator 690 at steps S614.about.S617, can perform the L2 handover to the target network 690. Therefore, after the above handover, a new authentication procedure and a key setup procedure between the mobile node (MN) and the target network may be omitted as necessary. If the L2 handover (i.e., a second layer (L2) handover), the MAC of the mobile node (MN) 600 establishes a security association (SA) with an access point of the target network authenticator 690, and is ready to communicate with the access point at step S617.).
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 modify the combination of RFC 8743, Vrzic, and Gordaychik to include the feature of security associations and a combination of RFC 8743, Vrzic, and Gordaychik with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., indicating the connection is ready).
Regarding claim 13, the combination of RFC 8743 and Vrzic does not explicitly teach: wherein the wireless communication device utilizes multi-link operation (MLO) communication for the first communication link in which the wireless communication device uses the first MAC layer to communicate with the first access point using a first frequency band or a first channel and uses the second MAC layer to communicate with the first access point using a second frequency band or a first channel, in response to initiating the roam handover, the wireless communication device ceases the MLO communication on the second MAC layer while the first communication remains between the wireless communication device and the first access point using the first MAC layer and the first frequency band or the first channel, and the wireless communication device uses the second MAC layer to initiate the roam handover with the second access point.
However, in the same field of endeavor, Gordaychik teaches: wherein the wireless communication device utilizes multi-link operation (MLO) communication for the first communication link in which the wireless communication device uses the first MAC layer to communicate with the first access point using a first frequency band or a first channel and uses the second MAC layer to communicate with the first access point using a second frequency band or a first channel (1:37-42, The wireless device may transmit feedback, to the first AP or the second AP, based on reception of the data. The first group based transmission may be addressed to a first MAC address of the plurality of MAC addresses and the second group based transmission may be addressed to a second MAC address of the plurality of MAC addresses.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of multiple frequency bands and a combination of RFC 8743 and Vrzic with Gordaychik renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing access to multiple frequency bands).
The combination of RFC 8743, Vrzic, and Gordaychik teaches sending end exchanging encryption keys and authentication. (11:45-60 The UE may be configured with security information (keys, certificates or the like) of another UE accessible via sidelink and may authenticate the another UE. The UE may be configured with a group ID or other ID instead of a single UE ID. Security may be employed via physical layer, MAC layer or higher layer security procedures. Using physical layer procedures, for example, a cryptographic key or set of cryptographic keys may be derived via channel state information (CSI), beam forming information, channel statistics or other channel characteristics gleamed from measurements taken on a channel. These channel characteristics may be determined from beacon signals transmitted by an access point or via scheduled or unscheduled transmissions made by a STA. Other methods of employing physical layer security include an addition of random noise into a data transmission to degrade detection ability.). The combination of RFC 8743, Vrzic, and Gordaychik does not explicitly teach: in response to initiating the roam handover, the wireless communication device ceases the MLO communication on the second MAC layer while the first communication remains between the wireless communication device and the first access point using the first MAC layer and the first frequency band or the first channel, and the wireless communication device uses the second MAC layer to initiate the roam handover with the second access point.
However, in the same field of endeavor, Hahn teaches: in response to initiating the roam handover, the wireless communication device ceases the MLO communication on the second MAC layer while the first communication remains between the wireless communication device and the first access point using the first MAC layer and the first frequency band or the first channel, and the wireless communication device uses the second MAC layer to initiate the roam handover with the second access point ([0177] The mobile node (MN), which has performed the pre-authentication procedure with the target network 490 at steps S403.about.S410, can perform the L2 handover to the target network 490. Therefore, after the above handover, a new authentication procedure and a key setup procedure between the mobile node (MN) and the target network may be omitted. If the L2 handover (i.e., a second layer (L2) handover), the MAC of the mobile node (MN) 400 establishes a security association (SA) with an access point of the target network 490, and is ready to communicate with the access point at step S417.).
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 modify the combination of RFC 8743, Vrzic, and Gordaychik to include the feature of security associations and a combination of RFC 8743, Vrzic, and Gordaychik with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., initiating a handover using a second MAC layer).
Regarding claim 14, the combination of RFC 8743 and Vrzic does not explicitly teach: transmitting an authentication request from the wireless communication device to the second access point using the second MAC layer and a first frequency band; transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band; and exchanging security and encryption frames with the second access point using the second MAC layer and the first frequency band; sending a new link read signal from the second MAC layer to the first MAC layer after exchanging the security and encryption frames; installing the encryption key on the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets via the second communication link using the first MAC layer and a second frequency band of the second access point, wherein the wireless communication device ceases transmission and reception of the application layer communication via the first communication link in response to the new link ready signal.
However, in the same field of endeavor, Gordaychik teaches: transmitting an authentication request from the wireless communication device to the second access point using the second MAC layer (1:37-42, The wireless device may transmit feedback, to the first AP or the second AP, based on reception of the data. The first group based transmission may be addressed to a first MAC address of the plurality of MAC addresses and the second group based transmission may be addressed to a second MAC address of the plurality of MAC addresses.) and a first frequency band or the first channel of the second access point (1:17-21, The wireless device may receive a first group based transmission, on an operating band of the first AP, from the first access point (AP).)
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 modify the combination of RFC 8743 and Vrzic to include the feature of multiple frequency bands and a combination of RFC 8743 and Vrzic with Gordaychik renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing access to multiple frequency bands).
The combination of RFC 8743, Vrzic, and Gordaychik teaches sending end exchanging encryption keys and authentication. (11:45-60 The UE may be configured with security information (keys, certificates or the like) of another UE accessible via sidelink and may authenticate the another UE. The UE may be configured with a group ID or other ID instead of a single UE ID. Security may be employed via physical layer, MAC layer or higher layer security procedures. Using physical layer procedures, for example, a cryptographic key or set of cryptographic keys may be derived via channel state information (CSI), beam forming information, channel statistics or other channel characteristics gleamed from measurements taken on a channel. These channel characteristics may be determined from beacon signals transmitted by an access point or via scheduled or unscheduled transmissions made by a STA. Other methods of employing physical layer security include an addition of random noise into a data transmission to degrade detection ability.). The combination of RFC 8743, Vrzic, and Gordaychik does not explicitly teach: transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band or the first channel of the second access point; and exchanging security and encryption frames with the second access point using the second MAC layer and the first frequency band; installing the encryption key on the second MAC chain; sending a new link read signal from the second MAC layer to the first MAC layer after exchanging the security and encryption frames; installing the encryption key on the first MAC layer; and resuming transmission and reception of the application or IP layer communication packets via the second communication link using the first MAC layer and a second frequency band of the second access point, wherein the wireless communication device ceases transmission and reception of the application layer communication via the first communication link in response to the new link ready signal.
However, in the same field of endeavor, Hahn teaches: transmitting a reassociation request from the wireless communication device to the second access point using the second MAC layer and the first frequency band; and exchanging security and encryption frames with the second access point using the second MAC layer and the first frequency band ([0021-22]); sending a new link read signal from the second MAC layer to the first MAC layer after exchanging the security and encryption frames ([0008]); installing the encryption key on the first MAC layer ([0037]); and resuming transmission and reception of the application or IP layer communication packets via the second communication link using the first MAC layer and a second frequency band of the second access point ([0012] By the above-mentioned procedure, the MS and the TBS form basic functions at step S119. The MS and the TBS perform the ranging process to start re-entering the network. Also, the MS is re-registered in the TBS, and establishes a re-connection to the TBS at step S120. So, the MS is registered in the TBS at step S121, and an IP connection from the TBS is re-established in the MS at step S122. As a result, the TBS serves as the SBS, such that it can provide the MS with necessary services.), wherein the wireless communication device ceases transmission and reception of the application layer communication via the first communication link in response to the new link ready signal ([0235] The mobile node (MN), which has performed the pre-authentication procedure with the target network authenticator 690 at steps S614.about.S617, can perform the L2 handover to the target network 690. Therefore, after the above handover, a new authentication procedure and a key setup procedure between the mobile node (MN) and the target network may be omitted as necessary. If the L2 handover (i.e., a second layer (L2) handover), the MAC of the mobile node (MN) 600 establishes a security association (SA) with an access point of the target network authenticator 690, and is ready to communicate with the access point at step S617.).
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 modify RFC 8743, Vrzic, and Gordaychik to include the feature of security associations and a combination of RFC 8743, Vrzic, and Gordaychik with Hahn renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing security with multiple frequency bands).
See also, Fig. 8 of U.S. Publication 2022/0210696 for upper and lower MAC chains.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over RFC 8743 and Vrzic and further in view of U.S. Publication No. 2023/0262798 (hereinafter “Choukir”)
Regarding claim 17, the combination of RFC 8743 and Vrzic does not explicitly teach: wherein the first MAC layer and the second MAC share a physical hardware address and have different virtual hardware addresses.
However, in the same field of endeavor, Choukir teaches: wherein the first MAC layer and the second MAC share a physical hardware address and have different virtual hardware addresses ([0023] Specifically with respect to FIG. 2A, the wireless device 110 includes a Virtual Interface (VIF) 220 (e.g., VIF A) to the radio layer 210. The VIF 220 is associated with a MAC address 222 (e.g., MAC A) at the data link layer 212. Associated with the MAC address 222, the wireless device 110 obtains an IP address 224 (e.g., IP A) at the IP layer 214 and starts a multi-path data session with subflow 226 (e.g., subflow A) at the transport layer 216. The wireless device 110 associates the subflow 226, the IP address 224, and the MAC address 222 with the VIF 220 that communicates with the AP 130.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of Choukir and a combination of RFC 8743 and Vrzic with Choukir renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing virtual MAC addresses).
Regarding claim 18, the combination of RFC 8743 and Vrzic does not explicitly teach: wherein the first MAC layer and the second MAC layer share a virtual hardware address and have different physical hardware addresses.
However, in the same field of endeavor, Choukir teaches: wherein the first MAC layer and the second MAC layer share a virtual hardware address and have different physical hardware addresses ([0003] Some wireless devices may use a random or rotating MAC address to account for issues of privacy and tracking the wireless device. Changing MAC addresses provides an opportunity for two devices on the network to randomly choose the same MAC address, resulting in a MAC collision that prevents proper network communications. If a MAC collision occurs with a critical application or infrastructure, the wireless devices with the same MAC address are no longer able to communicate correctly in the network.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of Choukir and a combination RFC 8743 and Vrzic with Choukir renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing the same virtual MAC addresses).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over RFC 8743 and Vrzic and further in view of U.S. Publication No. 2022/0210696 (hereinafter “Cavalcanti”)
Regarding claim 19, the combination of RFC 8743 and Vrzic does not explicitly teach: wherein the second MAC layer spoofs the hardware address of first MAC layer.
However, in the same field of endeavor, Cavalcanti teaches: wherein the second MAC layer spoofs the hardware address of first MAC layer ([0084] If the 802.1CB layer has the per-Port FRER-capability object configured, it assumes that the underlying ports (MAC/PHY) will implement frame duplication and duplicate elimination, and it only provides the Redundancy Tag for the stream and pass it on the lower layer, which will handle the FRER capability.).
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 modify the combination of RFC 8743 and Vrzic to include the feature of Cavalcanti and a combination of RFC 8743 and Vrzic with Cavalcanti renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing the same virtual MAC addresses).
Allowable Subject Matter
Claim 15 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
The cited references, in combination, do not render obvious the claimed invention regarding details about the “establishing the MLO communication between the wireless communications device and the second access point using a second frequency band or a second channel of the second access point and the first MAC layer” when viewed as a whole with elements from claims 1, 13, and 14. Therefore, claim 15 is allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
For further reasons for allowance, please refer to Applicant remarks on May 10, 2026.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WIPO Publication No. 2022033594 (Gan)
U.S. Publication No. 2021/0409335 (Zhu)
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.
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/JAB/ Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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