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 .
Drawings
2. The drawings were received on 12/28/2023. These drawings are considered by examiner.
Claim Rejections - 35 USC § 112
3. Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
As to claim 1, claim recite “establishing, by the wireless, a connection with the wireless communication node, the connection established on a previous information of channel within a frequency band between 2-5 gigahertz GHz) and 5(GHz), according to information of the device type the signal”. There is clearly indefinite claimed, it is unclear what constitutes "the connection established on a previous information of channel" and "according to information of the device type the signal".
Claims 2-9 rejected under 35 U.S.C. 112(b) by virtue of their respective dependencies on claim 1.
Examiner Note: The claims are required to correct in appropriate. The prior art of rejection will apply when the claimed correction.
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
6. Claims 10-14, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Berliner (WO 2023/009580), hereinafter “Berliner”, in view of Bae et al (US 2023/0074476), hereinafter “Bae“.
Regarding claim 10, Berliner teaches a wireless communication device (Fig. 1), comprising: a wireless transceiver configured to:
transmit, to a wireless communication node (Fig. 1, par [0011] teaches receiving via a wireless network), a signal indicating a device type of the wireless communication device as a two receiver extended reality (XR) device (par [0746] teaches channels may permit the transport of data and/or information signals from one or more transmitters to one or more receivers); and
establish a connection with the wireless communication node (pars [0094] [0105] teach network interface 320 designed to operate over a GSM network, a GPRS network, an EDGE network, a Wi-Fi or WiMax network, and a Bluetooth network), the connection established on a channel within a frequency band between 2.5 gigahertz (GHz) and 5GHz (par [0105] teaches a Wi-Fi or WiMax network, and a Bluetooth network reads on between 2.5GHz and 5GHz),
Berliner does not explicitly teach according to information of the first signal and the second signal.
Bae, in the same field of endeavor, teaches according to information of the first signal and the second signal (pars [0075] [0079] teach the wearable device for using extended reality (XR) technology that using the long-range and short-range signal which reads on the first signal and the second signal).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to provide the above teaching of Berliner to Bae, in order to provide extended reality (XR) encompassing augmented reality (AR), virtual reality (VR), or mixed reality (MR) are being developed for controlling immersive content (e.g., extended reality-based content) but also function to provide the wearable device's own functions (e.g., services for checking messages, call reception (as suggested by Bae in paragraphs [0003-0005]).
Regarding claim 11, the combination of Berliner and Bae teach the wireless communication device of claim 10, Berliner further teaches wherein the wireless transceiver is further configured to receive, from the wireless communication node, traffic on the channel within the frequency band (par [0746]).
Regarding claim 12, the combination of Berliner and Bae teach the wireless communication device of claim 10, Berliner further teaches wherein the wireless transceiver is further configured to: receive, from the wireless communication node, an indication which indicates acceptance of the connection to be established on the channel within the frequency band (par [0150] [0334]).
Regarding claim 13, the combination of Berliner and Bae teach the wireless communication device of claim 12, Berliner further teaches wherein the wireless communication device receives the indication (par [0094]), according to the signal indicating that the wireless communication device comprises an XR device (par [0746]).
Regarding claim 14, the combination of Berliner and Bae teach the wireless communication device of claim 10, Berliner further teaches wherein the signal comprises device capability information indicating the device type of the wireless communication device (par [0746]).
Regarding to claim 19, Berliner teaches a wireless communication node (Fig. 1), comprising:
a wireless transceiver configured to (Fig. 1):
receive, from a wireless communication device (par [0078] teaches a digital communication device receive the content data), a signal indicating a device type of the wireless communication device as an extended reality (XR) device (par [0746] teaches the communication channel is established between the computing device and the wearable extended reality); and establish a connection with the wireless communication node (pars [0088] [0150]), the connection established on a channel within a frequency band between 2.5 gigahertz (GHz) and 5GHz (pars [0094] [0105] teach network interface 320 designed to operate over a GSM network, a GPRS network, an EDGE network, a Wi-Fi or WiMax network, and a Bluetooth network),
Berliner does not explicitly teach according to information included in the signal.
Bae, in the same field of endeavor, teaches according to information included in the signal (pars [0075] [0079] teach the wearable device for using extended reality (XR) technology that using the long-range and short-range signal).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to provide the above teaching of Berliner to Bae, in order to provide extended reality (XR) encompassing augmented reality (AR), virtual reality (VR), or mixed reality (MR) are being developed for controlling immersive content (e.g., extended reality-based content) but also function to provide the wearable device's own functions (e.g., services for checking messages, call reception (as suggested by Bae in paragraphs [0003-0005]).
7. Claims 15, 17-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Berliner (WO 2023/009580), hereinafter “Berliner”, in view of Bae et al (US 2023/0074476), hereinafter “Bae“, further in view of Ryoo et al (US 2020/0163144); hereinafter “Ryoo”.
Regarding claims 15, and 20, the combination of Berliner and Bae teach method of claims 5, 14, 19, Berliner and Bae do not clearly teach wherein the device capability information further includes a number of layers of multiple input multiple output (MIMO) operation.
Ryoo, in the same field of endeavor, teaches wherein the device capability information further includes a number of layers of multiple input multiple output (MIMO) operation (par [0005] teaches the 5G communication system to the IoT are being made. For example, 5G communication technologies, such as a sensor network, machine to machine (M2M) and machine type communication (MTC), are implemented by schemes, such as beamforming, MIMO)
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to provide the above teaching of Berliner and Bae to Ryoo, in order to satisfy wireless data traffic demands that tend to increase after 4th generation (4G) communication system commercialization, efforts to develop an enhanced 5th generation (5G) communication system or a pre-5G communication system (as suggested by Ryoo in paragraph [0003]).
Regarding claim 17, the combination of Berliner and Bae teach method of claim 10, Berliner and Bae do not teach the wireless communication device accessible via a home subscriber server (HSS) or user data management (UDM).
Ryoo, in the same field of endeavor, teaches wherein the signal includes information corresponding to the wireless communication device accessible via a home subscriber server (HSS) (par [0053] teaches an SPID-based corresponding operation requires an operation for a home subscriber server (HSS)) or user data management (UDM).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to provide the above teaching of Berliner and Bae to Ryoo, in order to satisfy wireless data traffic demands that tend to increase after 4th generation (4G) communication system commercialization, efforts to develop an enhanced 5th generation (5G) communication system or a pre-5G communication system (as suggested by Ryoo in paragraph [0003]).
Regarding claim 18, the combination of Berliner and Bae teach method of claim 17, Berliner and Bae do not teach wherein the information comprises subscription data, and wherein the wireless communication node determines that the wireless communication device is an XR device, according to the subscription data of the HSS or UDM corresponding to the wireless communication device.
Ryoo, in the same field of endeavor, wherein the information comprises subscription data, and wherein the wireless communication node determines that the wireless communication device is an XR device, according to the subscription data of the HSS or UDM corresponding to the wireless communication device (par [0053]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to provide the above teaching of Berliner and Bae to Ryoo, in order to satisfy wireless data traffic demands that tend to increase after 4th generation (4G) communication system commercialization, efforts to develop an enhanced 5th generation (5G) communication system or a pre-5G communication system (as suggested by Ryoo in paragraph [0003]).
Allowable Subject Matter
8. Claim 16 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.
Regarding claim 16, the prior art of record fails to disclose wherein the channel is selected according to a radio access technology frequency selection priority (RFSP) parameter, and wherein the wireless communication node determines the device type according to a service profiling identifier (SPID) parameter included in the signal as specified in the claims.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T VU whose telephone number is (571)272-8131. The examiner can normally be reached on 8:00AM to 6:00PM.
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/MICHAEL T VU/
Primary Examiner, Art Unit 2641