DETAILED ACTION
Claims 1-9 are pending.
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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
MPEP 2111.04 (II) states, in part and with emphasis added:
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.
As to claim 1, limitations "(d) if the wireless transmission data is not received through the primary transmission channel, switching to a dynamically selected secondary transmission channel, wherein among plural secondary transmission channels, the secondary transmission channel that is not interfered and whose frequency range is the farthest from a frequency range of the primary transmission channel has the highest priority to be selected as the dynamically selected secondary transmission channel by the wireless receiver”; “(e) judging whether the same wireless transmission data through the dynamically selected secondary transmission channel is received within a second time interval”; “(f) if the wireless transmission data is received through the dynamically selected secondary transmission channel, allowing the wireless receiver to be temporarily switched to the transmitting mode, and allowing the wireless receiver to send back a second acknowledgement packet to the wireless transmitter, which is temporarily switched to the receiving mode, wherein the second acknowledgement packet contains at least one of a primary transmission channel change information, a wireless receiver time sequence information and an application function information for controlling the wireless transmitter, and the wireless transmitter sends the additional wireless transmission data through an additional primary transmission channel in response to the primary transmission channel change information”; and “(g) recognizing and processing the wireless transmission data from the dynamically selected secondary transmission channel, continuously receiving the additional wireless transmission data through the additional primary transmission channel that has not been occupied, and then performing the step (a) again" are not required in the claim. In Ex Parte Schulhauser, the Patent Trial and Appeal Board ("the Board") held certain claims as unpatentable based on contingent limitations. The examiner states that contingent limitations are not required to be performed under a broadest reasonable interpretation (BRI) of the claim.
As to claims 2, recites contingent limitations “(d) and before the step (e), the data transmission method further comprises steps of: (d1) if the wireless transmission data is not received through the primary transmission channel, checking whether the second acknowledgement packet has been stored in a buffer storage space; (d2) if the second acknowledgement packet has been stored in the buffer storage space, performing the step (e); and (d3) if the second acknowledgement packet has not been stored in the buffer storage space, allowing the wireless receiver to add the primary transmission channel change information to the second acknowledgement packet and store the second acknowledgement packet in the buffer storage space, and performing the step (e)” are not required in the claim. In Ex Parte Schulhauser, the Patent Trial and Appeal Board ("the Board") held certain claims as unpatentable based on contingent limitations. The examiner states that contingent limitations are not required to be performed under a broadest reasonable interpretation (BRI) of the claim.
As to claim 4, recites contingent limitations “(f), a frequency range of the additional primary transmission channel is determined by the wireless receiver, and the frequency range of the additional primary transmission channel is identical or close to the frequency range of the dynamically selected secondary transmission channel” are not required in the claim. In Ex Parte Schulhauser, the Patent Trial and Appeal Board ("the Board") held certain claims as unpatentable based on contingent limitations. The examiner states that contingent limitations are not required to be performed under a broadest reasonable interpretation (BRI) of the claim.
As to claim 5 recites contingent limitations “wherein the primary transmission channel and the additional primary transmission channel are included in plural primary transmission channels” are not required in the claim. In Ex Parte Schulhauser, the Patent Trial and Appeal Board ("the Board") held certain claims as unpatentable based on contingent limitations. The examiner states that contingent limitations are not required to be performed under a broadest reasonable interpretation (BRI) of the claim.
As to claims 6, recites contingent limitations “(l) if the first acknowledgement packet from the wireless receiver is not received, judging whether a sending failure count of the wireless transmitter exceeds a first threshold value within a third time interval”; “(m) if the sending failure count of the wireless transmitter does not exceed the first threshold value, performing the step (i) again, so that the wireless transmitter continuously sends the wireless transmission data through the primary transmission channel”; “(n) if the sending failure count of the wireless transmitter exceeds the first threshold value, the wireless transmitter sending the same wireless transmission data through the dynamically selected secondary transmission channel, wherein among the plural secondary transmission channels, the secondary transmission channel that is not interfered and whose frequency range is the farthest from the frequency range of the primary transmission channel has the highest priority to be selected as the dynamically selected secondary transmission channel by the wireless transmitter”; “(o) judging whether the second acknowledgement packet from the wireless receiver is received, wherein the second acknowledgement packet contains at least one of the primary transmission channel change information, the wireless receiver time sequence information and the application function information for controlling the wireless transmitter”; “(p) if the second acknowledgement packet containing the primary transmission channel change information and from the wireless receiver is received, the wireless transmitter sending the additional wireless transmission data through the additional primary transmission channel in response to the primary transmission channel change information, and performing the step (h) again”; and “(q) if the second acknowledgement packet containing the primary transmission channel change information and from the wireless receiver is not received, judging whether the sending failure count of the wireless transmitter exceeds a second threshold value and all of the plural secondary transmission channels have been broadcast-polled within a second time interval, wherein if the wireless transmitter does not exceed the second threshold value or all of the plural secondary transmission channels have not been broadcast-polled, the wireless transmitter continuously sending the same wireless transmission data through the dynamically selected secondary transmission channels until the sending failure count of the wireless transmitter exceeds the second threshold value and all of the plural secondary transmission channels have been broadcast-polled, and performing the step (h) again.” are not required in the claim. In Ex Parte Schulhauser, the Patent Trial and Appeal Board ("the Board") held certain claims as unpatentable based on contingent limitations. The examiner states that contingent limitations are not required to be performed under a broadest reasonable interpretation (BRI) of the claim.
As to claim 7, recites contingent limitations “(p), a frequency range of the additional primary transmission channel is determined by the wireless transmitter, and the frequency range of the additional primary transmission channel is identical or close to the frequency range of the dynamically selected secondary transmission channel” are not required in the claim based on contingent limitations. In Ex Parte Schulhauser, the Patent Trial and Appeal Board ("the Board") held certain claims as unpatentable based on contingent limitations. The examiner states that contingent limitations are not required to be performed under a broadest reasonable interpretation (BRI) of the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin, Chien-Nan (US 20220173763, Lin hereinafter).
As to claim 1: Lin discloses a data transmission method for use between a wireless transmitter and a wireless receiver of a wireless peripheral device, the data transmission method comprising a data receiving process, the data receiving process being implemented by the wireless receiver (see at least paragraph [0017], a data transmission method for use between a wireless transmitter and a wireless receiver of a wireless peripheral device is provided. The data transmission method includes a data receiving process. The data receiving process is implemented by the wireless receiver. ), the data receiving process at least comprising steps of:
(a) judging whether a wireless transmission data from the wireless transmitter is received through a primary transmission channel within a first time interval (see at least paragraph [0017], a judging step is performed to judge whether a wireless transmission data from the wireless transmitter is received through a primary transmission channel within a first time interval.);
(b) if the wireless transmission data from the primary transmission channel is received, allowing the wireless receiver to be temporarily switched to a transmitting mode and allowing the wireless receiver to send back a first acknowledgement packet to the wireless transmitter, which is temporarily switched to a receiving mode (see at least paragraph [0017], If the wireless transmission data from the primary transmission channel is received, the wireless receiver is temporarily switched to a transmitting mode and a first receiving/transmitting acknowledgement packet is set back to the wireless transmitter which is temporarily switched to a receiving mode.);
(c) recognizing and processing the wireless transmission data from the primary transmission channel, and continuously receiving an additional wireless transmission data through the primary transmission channel, and performing the step (a) again (see at least paragraph [0007], [0017] and Fig. 1B, the wireless transmission data from the primary transmission channel is recognized and processed, and another wireless transmission data is continuously received through the primary transmission channel. Then, the step S11 is performed again.).
As to claim 3: Lin discloses the data transmission method according to claim 1. Lin further discloses wherein after the step (a) and before the step (b), the data transmission method further comprises steps of:
(a1) if the wireless transmission data from the primary transmission channel is received, judging whether an acknowledgement request from the wireless transmitter is received (see at least paragraph [0019], if the wireless transmission data from the primary transmission channel is received, the data transmission method further include the following steps. Firstly, a judging step is performed to judge whether a transmitting/receiving acknowledgement request from the wireless transmitter is received.);
(a2) if no acknowledgement request from the wireless transmitter is received, performing the step (c) (see at least paragraph [0019], If no transmitting/receiving acknowledgement request from the wireless transmitter is received, the wireless receiver directly performs the step of recognizing and processing the wireless transmission data from the primary transmission channel and continuously receiving another wireless transmission data through the primary transmission channel.); and
(a3) if the acknowledgement request from the wireless transmitter is received, allowing the wireless receiver to be temporarily switched to the transmitting mode and allowing the wireless receiver to send back the first acknowledgement packet to the wireless transmitter which is temporarily switched to a receiving mode, and performing the step (c) (see at least paragraph [0019], If the transmitting/receiving acknowledgement request from the wireless transmitter is received, the wireless receiver is temporarily switched to the transmitting mode and the first receiving/transmitting acknowledgement packet is sent back to the wireless transmitter which is temporarily switched to a receiving mode. Then, the step of recognizing and processing the wireless transmission data from the primary transmission channel and continuously receiving another wireless transmission data through the primary transmission channel is performed.).
As to claim 6: Lin discloses the data transmission method according to claim 1. Lin further discloses wherein the data transmission method further comprising a data sending process, and the data sending process is implemented by the wireless transmitter, wherein the data sending process at least comprises steps of:
(h) waiting for a triggering event (see at least paragraphs [0063]-[0069] and Fig. 4A, step S41);
(i) the wireless transmitter sending the wireless transmission data through the primary transmission channel in response to the triggering event (see at least paragraphs [0063]-[0069] and Fig. 4A, step S42);
(j) judging whether the first acknowledgement packet from the wireless receiver is received (see at least paragraphs [0063]-[0069] and Fig. 4A, step S43);
(k) if the first acknowledgement packet from the wireless receiver is received, performing the step (h) again, so that the wireless transmitter continuously waits for another triggering event (see at least paragraphs [0063]-[0069] and Fig. 4A).
As to claim 8: Lin discloses the data transmission method according to claim 6. Lin further discloses wherein after the step (i) and before the step (j), the data transmission method further comprises steps of: (i1) judging whether the wireless transmitter sends an acknowledgement request (see at least paragraphs [0063]-[0069] and Fig. 4A, step S43);
(i2) if the wireless transmitter sends the acknowledgement request, performing the step (j) (see at least paragraphs [0063]-[0069] and Fig. 4A, step S43); and
(i3) if the wireless transmitter does not send the acknowledgement request, the wireless transmitter continuously sending the wireless transmission data through the primary transmission channel for several times within a fifth time interval, and performing the step (h), so that the wireless transmitter waits for another triggering event (see at least paragraphs [0063]-[0069] and Fig. 4A, step S43).
As to claim 9: Lin discloses the data transmission method according to claim 8. Lin further discloses wherein the step (h) comprises sub-steps of:
(h1) judging whether the triggering event is generated (see at least paragraph [0028], a judging step is performed to judge whether the triggering event is generated.);
(h2) if the triggering event is generated, performing the step (i) (see at least paragraph [0028], If the triggering event is generated, the step of transmitting the wireless transmission data through the primary transmission channel in response to the triggering event is performed.); and
(h3) if no triggering event is generated, the wireless transmitter sending a virtual synchronous packet as the wireless transmission data through the primary transmission channel within a sixth time interval, and performing the step (i1) (see at least paragraph [0028], If no triggering event is generated, the wireless transmitter transmits a virtual synchronous packet as the wireless transmission data through the primary transmission channel within a fourth time interval, and the step of judging whether the wireless transmitter transmits a transmitting/receiving acknowledgement request is performed.).
Allowable Subject Matter
Claims 2, 4-5 and 7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bhora et al. (US 20160323881) discloses Techniques For Using Alternate Channels For Acknowledgement Messages.
CHUN et al. (US 20170238286) discloses Method And Device For Downlink Multi-User Transmission In Wireless Communication System.
LEE et al. (US 20230239946) discloses Electronic Device For Providing Dual Connectivity And Method For Operating Thereof.
ABOUL-MAGD et al. (US 20220191929) discloses Non-Primary Channel Transmissions In Wireless Network.
XIN et al. (US 20250158764) discloses Apparatus And Methods For Millimeter Wave Coordinated Monostatic Sensing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR U JAHANGIR whose telephone number is (571)272-0796. The examiner can normally be reached Mon-Fri 10am to 6:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Ngo can be reached at (571)272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K. J./
Examiner, Art Unit 2464
/RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464