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 .
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 5-7, 12, 15-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bodas et al. US 2016/0261332 (hereinafter Bodas), in view of KUMAR US 2015/0351010 (hereinafter KUMAR).
Regarding claim 1, Bodas teaches a method for enhancing a communication range between a first device and a second device communicatively coupled to the first device,
([Bodas, Fig. 2, ¶8-¶9] To improve communication through range extension the communication range between two directly connected (via connection 205) communication device 115-a (interpreted as the claimed first device) and communication device 115-b (interpreted as the claimed second device) may be enhanced by being extended in communication range using a relay device (135) as an intermediary communications bridge between the two communication devices (115-a and 115-b))
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the method comprising:
scanning within a first range of the first device to determine a first list of connectable devices;
([Bodas, Fig. s, ¶28 ¶35-¶39] The communication device 115-a, which is also referred to the source communication device, may receive beacon signals from relay candidate 135-a - 135-e. This act of receiving beacon signals is a form of scanning, at least in a passive scanning sense; whereby the source communication device 115-a generates communication signal metrics corresponding to each of the relay candidates from which it receives a beacon thus determining a first list of connectable devices also referred to as the first capacity estimates.)
the second device to scan within a second range of the second device to determine a second list of connectable devices;
([Bodas, Fig. 2, ¶39] The communication device 115-b, which is also referred to the destination communication device, may receive beacon signals from relay candidate 135-a - 135-e. Similarly, this act of receiving beacon signals is a form of scanning, at least in a passive scanning sense; whereby the destination communication device 115-b generates communication signal metrics corresponding to each of the relay candidates from which it receives a beacon thus determining a second list of connectable devices (also referred to as a second capacity estimate).)
receiving, by the first device, the second list of connectable devices from the second device;
([Bodas, Fig. 2, ¶39-¶40] The destination communication device 115-b sends its second capacity estimate (comprising the communication signal metrics for each of the relay candidates it received a beacon, which is interpreted as the claimed second list of connectable devices) to the source communication devices 115-a which receives it.)
determining, by the first device, a target device based on the first list of connectable devices and the second list of connectable devices; and
([Bodas, Fig. 2, ¶40] The source communication device 115-a determines a relay candidate which is selected that will serve as the claimed target device which will be used to bridge communications between the source communication device 115-a and the destination communication device 115-b. This determination is performed based on the received second capacity estimate of the relay candidates.)
establishing, by the first device, a communication with the second device via the target device.
([Bodas, Fig. 2, ¶41] Following the selection of one of the relay candidates 135-a – 135-e by the source communication device 115-a, the selected relay is used for device-to-relay-to-device communications between the source communication device 115-a and the destination communication device 115-b.)
But it does not teach instructing, by the first device, the second device to scan.
However, KUMAR teaches instructing, by the first device, the second device to scan within a second range of the second device to determine a second list of connectable devices;
([KUMAR, Figs 1 and 4, ¶40, ¶42-¶44 and ¶52] KUMAR teaches the STA 110 (interpreted as the claimed first device) sending a probe request to initiate scanning which is received by the STA 108 (interpreted as the claimed second device receiving instruction to scan), wherein the STA 108 scans to obtain scanning information of the APs in receiving range to determine the APs it may associated with (interpreted as the claimed determine a second list of connectable device))
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Bodas, indicating a source communication device and method of operating the source communication device within a wireless communication system to determine a relay device to select and use for routing communication between the source communication device and a destination wireless communication device based on consideration of the set of relays available to the source communication device in view of a set of relays available to the destination communication device collected from the destination communication device by the source communication device with the teachings of KUMAR, indicating the ability of a first communication device to instruct another communication device to perform scanning to determine a list of connectable devices. The resulting benefit of the combination would have been the ability to determine the most recent and up-to-date connectable devices which more accurately represent the connections available to the communications device [KUMAR, ¶49].
Regarding claim 12, Bodas teaches a computing apparatus comprising:
[Bodas, Fig. 2 and 8, Communication Device 115]
a processor; and
([Bodas, Fig. 2 and 8, Processor 810])
a memory storing instructions that, when executed by the processor, configure the apparatus to:
([Bodas, Fig. 2 and 8, Memory 820, Code 825]
scan within a first range of a first device to determine a first list of connectable devices;
([Bodas, Fig. s, ¶28 ¶35-¶39] The communication device 115-a, which is also referred to the source communication device, may receive beacon signals from relay candidate 135-a - 135-e. This act of receiving beacon signals is a form of scanning, at least in a passive scanning sense; whereby the source communication device 115-a generates communication signal metrics corresponding to each of the relay candidates from which it receives a beacon thus determining a first list of connectable devices also referred to as the first capacity estimates.)
the second device to scan within a second range of the second device to determine a second list of connectable devices;
([Bodas, Fig. 2, ¶39] The communication device 115-b, which is also referred to the destination communication device, may receive beacon signals from relay candidate 135-a - 135-e. Similarly, this act of receiving beacon signals is a form of scanning, at least in a passive scanning sense; whereby the destination communication device 115-b generates communication signal metrics corresponding to each of the relay candidates from which it receives a beacon thus determining a second list of connectable devices (also referred to as a second capacity estimate).)
receive, by the first device, the second list of connectable devices from the second device;
([Bodas, Fig. 2, ¶39-¶40] The destination communication device 115-b sends its second capacity estimate (comprising the communication signal metrics for each of the relay candidates it received a beacon, which is interpreted as the claimed second list of connectable devices) to the source communication devices 115-a which receives it.)
determine, by the first device, a target device based on the first list of connectable devices and the second list of connectable devices; and
([Bodas, Fig. 2, ¶40] The source communication device 115-a determines a relay candidate which is selected that will serve as the claimed target device which will be used to bridge communications between the source communication device 115-a and the destination communication device 115-b. This determination is performed based on the received second capacity estimate of the relay candidates.)
establish, by the first device, a communication with the second device via the target device.
([Bodas, Fig. 2, ¶41] Following the selection of one of the relay candidates 135-a – 135-e by the source communication device 115-a, the selected relay is used for device-to-relay-to-device communications between the source communication device 115-a and the destination communication device 115-b.)
But it does not teach instructing, by the first device, the second device to scan.
However, KUMAR teaches instructing, by the first device, the second device to scan within a second range of the second device to determine a second list of connectable devices;
([KUMAR, Figs 1 and 4, ¶40, ¶42-¶44 and ¶52] KUMAR teaches the STA 110 (interpreted as the claimed first device) sending a probe request to initiate scanning which is received by the STA 108 (interpreted as the claimed second device receiving instruction to scan), wherein the STA 108 scans to obtain scanning information of the APs in receiving range to determine the APs it may associated with (interpreted as the claimed determine a second list of connectable device))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Bodas, indicating a source communication device and method of operating the source communication device within a wireless communication system to determine a relay device to select and use for routing communication between the source communication device and a destination wireless communication device based on consideration of the set of relays available to the source communication device in view of a set of relays available to the destination communication device collected from the destination communication device by the source communication device with the teachings of KUMAR, indicating the ability of a first communication device to instruct another communication device to perform scanning to determine a list of connectable devices. The resulting benefit of the combination would have been the ability to determine the most recent and up-to-date connectable devices which more accurately represent the connections available to the communications device [KUMAR, ¶49].
Regarding claim 20, Bodas teaches a non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that when executed by a computer, ([Bodas, Fig. 2 and 8, Memory 820, Code 825 and Processor 810 of the communication device 115]
cause the computer to:
scan within a first range of a first device to determine a first list of connectable devices;
([Bodas, Fig. s, ¶28 ¶35-¶39] The communication device 115-a, which is also referred to the source communication device, may receive beacon signals from relay candidate 135-a - 135-e. This act of receiving beacon signals is a form of scanning, at least in a passive scanning sense; whereby the source communication device 115-a generates communication signal metrics corresponding to each of the relay candidates from which it receives a beacon thus determining a first list of connectable devices also referred to as the first capacity estimates.)
a second device to scan within a second range of the second device to determine a second list of connectable devices;
([Bodas, Fig. 2, ¶39] The communication device 115-b, which is also referred to the destination communication device, may receive beacon signals from relay candidate 135-a - 135-e. Similarly, this act of receiving beacon signals is a form of scanning, at least in a passive scanning sense; whereby the destination communication device 115-b generates communication signal metrics corresponding to each of the relay candidates from which it receives a beacon thus determining a second list of connectable devices (also referred to as a second capacity estimate).)
receive, by the first device, the second list of connectable devices from the second device;
([Bodas, Fig. 2, ¶39-¶40] The destination communication device 115-b sends its second capacity estimate (comprising the communication signal metrics for each of the relay candidates it received a beacon, which is interpreted as the claimed second list of connectable devices) to the source communication devices 115-a which receives it.)
determine, by the first device, a target device based on the first list of connectable devices and the second list of connectable devices; and
([Bodas, Fig. 2, ¶40] The source communication device 115-a determines a relay candidate which is selected that will serve as the claimed target device which will be used to bridge communications between the source communication device 115-a and the destination communication device 115-b. This determination is performed based on the received second capacity estimate of the relay candidates.)
establish, by the first device, a communication with the second device via the target device.
([Bodas, Fig. 2, ¶41] Following the selection of one of the relay candidates 135-a – 135-e by the source communication device 115-a, the selected relay is used for device-to-relay-to-device communications between the source communication device 115-a and the destination communication device 115-b.)
But it does not teach instructing, by the first device, the second device to scan.
However, KUMAR teaches instructing, by the first device, the second device to scan within a second range of the second device to determine a second list of connectable devices;
([KUMAR, Figs 1 and 4, ¶40, ¶42-¶44 and ¶52] KUMAR teaches the STA 110 (interpreted as the claimed first device) sending a probe request to initiate scanning which is received by the STA 108 (interpreted as the claimed second device receiving instruction to scan), wherein the STA 108 scans to obtain scanning information of the APs in receiving range to determine the APs it may associated with (interpreted as the claimed determine a second list of connectable device))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Bodas, indicating a memory of a source communication device and method of operating the source communication device within a wireless communication system to determine a relay device to select and use for routing communication between the source communication device and a destination wireless communication device based on consideration of the set of relays available to the source communication device in view of a set of relays available to the destination communication device collected from the destination communication device by the source communication device with the teachings of KUMAR, indicating the ability of a first communication device to instruct another communication device to perform scanning to determine a list of connectable devices. The resulting benefit of the combination would have been the ability to determine the most recent and up-to-date connectable devices which more accurately represent the connections available to the communications device [KUMAR, ¶49].
Regarding claim 5 and claim 15, the combination of Bodas, in view of KUMAR teaches the method of claim 1 and the computing apparatus of claim 12 respectively, wherein the target device is a first target device, the method further comprising: determining, by the first device, a second target device based on the first list of connectable devices and the second list of connectable devices; and establishing, by the first device, a communication with the second device via the first target device and the second target device.
([Bodas, Figs. 2 and 3, ¶28 and ¶35-¶41] According to Bodas, the source communication device 115-a (interpreted as the claimed first device) may utilize the received first capacity estimates of the relay candidate devices (135-a through 135-e) obtained using the source communication device 115-a (interpreted as the first list of connectable devices) along with the second capacity estimates of the relay candidate devices obtained from the destination communication device 115-b to determine and select a relay communication device during the relay selection periods (305 and 315) as shown in Fig. 3. [Bodas, Fig. 3 and ¶43] It is further noted that there are at least two relay selection periods 305 and 315 for selecting a relay candidate for communication between the source communication device 115-a and the destination communication device 115-b. [Bodas, Fig. 3] The configuration of at least two relay selection periods 305 and 315 for the selection of a relay by the source communication device 115-a in each relay selection period yielding at least two selected relays, in view of the teachings of Bodas in ¶6 which discloses that device-to-device communications may be configured to be relayed through more than one relay (serving as an more than one intermediary communication device) does teach the claim limitations above of determining, by the first device, a second target device (a second relay) based on the first list of connectable devices and the second list of connectable devices (the disclosed first and second capacity estimates of the source communication device 115-a and the destination communication device 115-b respectively) and establishing, by the first device (the disclosed first communication device), a communication with the second device (the disclosed destination communication device) via the first target and the second target device (the disclosed at least two intermediary communication devices/relays))
Regarding claim 6 and claim 16, the combination of Bodas, in view of KUMAR teaches the method of claim 1 and the computing apparatus of claim 12 respectively, wherein the determining of the target device based on the first list of connectable devices and the second list of connectable devices comprises: determining a device that exists in both the first list and the second list as the target device. ([Bodas, ¶40] The relay may be selected based at least in part on each first capacity estimate for the source communication device 115-a and each second capacity estimate for the destination communication device 115-b (e.g., based on end-to-end link capacity determinations). The requirement of an end-to-end link capacity determination according to the first capacity estimate for the source communication device 115-a and the second link capacity estimate for the destination communication device 115-b means that the selected relay candidate is common to both the first capacity estimate and the second capacity estimate.)
Regarding claim 7, the combination of Bodas, in view of KUMAR teaches the method of claim 1, wherein the establishing, by the first device, the communication with the second device via the target device comprises: transmitting, by the first device, a signal for communication to the second device via the target device; or receiving, by the first device, a signal for communication from the second device via the target device. ([Bodas, Fig. 10, Step 1030 and ¶105] Bodas discloses communication is sent from the source communication device to the destination communication device through the selected relay. [Bodas, Figs. 4-6, ¶48-¶51 and ¶70-¶71] The receiver and transmitter of the relay receives and transmits data signals that are sent over the communications links of the wireless communication system to relay communication of data signals between the source communication device and the destination communication device, wherein the source device may originate the data signal sent via its transmitter to the relay which receives this data signal and relays the data signal as a transmission to the destination communication device.)
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bodas, in view of KUMAR as applied to claim 1 above, and further in view of YANG et al. US 2024/0305358 (hereinafter YANG).
Regarding claim 2, Bodas, in view of KUMAR teaches the method of claim 1, wherein the target device is a relay device as shown in claim 2 of Bodas [See Bodas, Fig. 2, Relay Candidate 135-b], but it does not teach wherein the relay device is a router device that uses a Wi-Fi network to communicate between the first device and the second device.
However, YANG teaches wherein the target device is a router device and the established communication between the first device and the second device via the target device uses a Wi-Fi network [Yang, Figs. 1 and 4 and ¶30 and ¶72 (the wireless relay device is configured to perform relay routing using sidelink communications according to Wi-Fi protocols between the client devices (UEs))].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Bodas, in view of KUMAR, disclosing source and destination communication devices that wirelessly communicate using D2D links and over relays as an intermediary communication device, with the teachings of YANG, disclosing that the wireless relay devices are configured to perform relay routing using slink communication according to Wi-Fi communication protocols for routing between devices communicating through the wireless relay device. The resulting benefit of the combination would have been the ability to incorporate communications technology that is widely available and operate using unlicensed spectrum for reduced cost.
Allowable Subject Matter
Claims 3-4, 8-11, 13-14 and 17-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The Examiner has conducted an prior art search of the available Patent and Non-Patent Literature and was unable to find any prior art which teaches either solely or in combination with another reference the claim limitations of claims 3-4, 8-11, 13-14 and 17-19, which recites, wire respect to claims 3-4 and 13-14: the method of claim 1 and apparatus of claim 12, “wherein: the scanning within the first range of the first device is performed in response to detecting that the second device is about to leave the first range of the first device; and the detecting that the second device is about to leave the first range of the first device comprises: detecting, by the first device, that a strength of signals received from the second device drops below a threshold.”, with respect to claims 8 and 17: the method of claim 1 and the apparatus of claim 12, “wherein the first list includes a Service Set Identifier (SSID) and a password for each of the connectable devices, the method further comprising: instructing, by the first device, the second device to determine at least one device in the second list based on the first list, wherein the at least one device is not connectable by the second device until the SSID and the password of the at least one device are received from the first list sent by first device.”, with respect to claims 9 and 18: the method of claim 1 and the apparatus of claim 12, “wherein the second list includes a Service Set Identifier (SSID) and a password for each of the connectable devices, the method further comprising: determining, by the first device, the target device based on the second list, wherein the target device is not connectable by the first device until the SSID and the password of the target device are received from the second list sent by the second device.”, and with respect to claims 10-11 and 19: the method of claim 1 and the apparatus of claim 12, “further comprising: monitoring a signal strength of the target device; and in response to detecting that the signal strength of the target device drops below a threshold, determining a new target device based on the first list of connectable devices and the second list of connectable devices; and establishing a new communication with the second device via the new target device.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
REUCHE et al. US 2020/0344800 (hereinafter REUCHE)
REUCHE teaches instructing, by the first device, the second device to scan within a second range of the second device to determine a second list of connectable devices ([¶19, ¶61] According to REUCHE, the first access point (interpreted as the first device) sends a scanning request (interpreted as the instruction to scan) within the vicinity of the STA (interpreted as the second range of the second device) to return a scanning report listing the WLANs within radio range of the STA (interpreted as determine a second list of connectable devices))
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/LONNIE V SWEET/Primary Examiner, Art Unit 2467