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 .
Election/Restrictions
Claims 14-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/23/2026.
Applicant’s election without traverse of group I (claims 1-13) in the reply filed on 04/23/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement submitted on 03/14/2025 has been considered by the Examiner and made of record in the application file.
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, 5-8, 10-11 and 13 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Pathak et al. (US 2018/0310279 Al, hereinafter Pathak).
Regarding claim 1, Pathak discloses, a method for managing wireless networks (see e.g., “a root AP (or Multi-AP Controller) may participate in a channel selection technique and manage which channel(s) could be used by other APs in the network”, [0050]), the method comprising:
storing an indication of a first frequency band used for communications in a wireless backhaul network (see e.g., “The first AP 110 may have a backhaul channel 111 to the root AP 150. The second AP 120 may have a backhaul channel 121 to the root AP 150. The third AP 130 may have a backhaul channel 131 to the second AP 120…A child AP will utilize a backhaul channel to access an upstream AP. The backhaul channels 111, 121, 131 may be wired, wireless, or a combination of wireless and wired links.”, [0055] and/or “…combine multiple APs such that each AP is in communication with at least one other AP to provide a larger wireless coverage area with network access to the broadband network…”, [0003]);
deriving an indication of one or more corresponding Wi-Fi channels based on the stored indication of the first frequency band, the one or more corresponding Wi-Fi channels each being associated with a respective frequency band, wherein the respective frequency bands at least partially overlap with the first frequency band (see e.g., “a Multi-AP Controller (or root AP) may allocate channels to various APs such that the allocation would not violate the channel operating constraints of the Aps…”, [0051] and/or “The channel may be selected from a set of channels within the frequency bands supported by the AP. In a network having multiple APs, some APs may create overlapping wireless coverage areas using different channels. It may be possible for multiple APs to use the same channel in overlapping wireless coverage areas using channel reuse…channel reuse allows both the first and second AP to utilize the channel with acceptable amounts co-channel interference”, [0049] and/or “The TX power level may be included in a message with channel operating constraints that is sent to another AP, root AP, or Multi-AP Controller. The other AP, root AP, or Multi-AP Controller may consider the TX power level indicated by each AP to allocate channels and maximum TX power levels to various APs in the network”, [0051] and/or “The root AP 150 also may inform another AP (such as a neighbor AP of the first AP 110) about the channel selection of the first AP 110 (if the first AP 110 has not already done so)”, [0089];
generating a message including an indication of the one or more corresponding Wi-Fi channels and including an indication that said one or more corresponding Wi-Fi channels are not available for use (see e.g., “The root AP may be able to select (or assign, delegate, instruct) which channels to be used by a first AP by considering the overall network, overlapping areas, information from various APs, etc. To improve the channel selection…”, [0050] and/or “a channel selection information message can inform another AP regarding any distinct considerations for a first AP. Because there may be different vendors for various APs in the network, a root AP (or Multi-AP Controller) may not be aware of the channel operating constraints”, [0058]); and
transmitting the message to one or more wireless network devices that are managing a local Wi-Fi network (see e.g., “the first AP may transmit a channel selection information message (which also may be referred to as a “Channel Preference Report message”) to a root AP of the network. The channel selection information message may include the first list of channels (which also may be referred to as a channel preference list) and the one or more operating constraints (which also may be referred to as radio operation restrictions) for at least the first channel”, [0069] and/or “The first example message format 710 includes a field to indicate the quantity of operable channels (designated as a number k). The operable channels may be a subset of a set of channels in a frequency band. For each operable channel (k), the first example message format 710 includes channel-specific information including channel operating constraints”, [012] and/or “The TX power level may be included in a message with channel operating constraints that is sent to another AP, root AP, or Multi-AP Controller. The other AP, root AP, or Multi-AP Controller may consider the TX power level indicated by each AP to allocate channels and maximum TX power levels to various APs in the network”, [0051]).
Regarding claim 2, Pathak discloses, wherein the indication of the first frequency band includes an indication of a base frequency and a channel width (see e.g., “The first example message format 710 includes a field to indicate the quantity of operable channels (designated as a number k). The operable channels may be a subset of a set of channels in a frequency band. For each operable channel (k), the first example message format 710 includes channel-specific information including channel operating constraints. The channel-specific information may include the channel number and a bandwidth parameter (for example, “0000” for indicating 20 MHz, “0001” for indicating 40 MHz, “0010” for indicating 80 MHz, and so on). The channel-specific information may include a channel separation parameter”, [0102] and/or “The first AP may determine what channel separation (or frequency separation or bandwidth separation) should be used for a combination of a particular channel and particular TX power level”, [0068]).
Regarding claim 3, Pathak discloses, identifying a first set of one or more Wi-Fi channels corresponding to the base frequency (see e.g., “a channel selection indicating at least a first selected channel from among the first list of channels…The second list of channels may be a subset of the first list of channels which has been selected by the root AP. The second list may include the first selected channel which has been selected by the root AP based, at least in part, on the one or more operating constraints”, [0070] and/or “the root AP 150 may distil the first list of channels to determine a first selected channel (or a second list of channels, which is a subset of the first list of channels)”, [0087] and/or “The first AP may determine what channel separation (or frequency separation or bandwidth separation) should be used for a combination of a particular channel and particular TX power level. In some implementations, the minimum frequency separation may be expressed in multiples of 10 MHz”, [0068]; and
determining one or more further sets of Wi-Fi channels that correspond to frequencies starting from the base frequency up to and including a frequency that is equal to the base frequency plus the channel width (see e.g., “The operable channels may be a subset of a set of channels in a frequency band. For each operable channel (k), the first example message format 710 includes channel-specific information including channel operating constraints. The channel-specific information may include the channel number and a bandwidth parameter (for example, “0000” for indicating 20 MHz, “0001” for indicating 40 MHz, “0010” for indicating 80 MHz, and so on). The channel-specific information may include a channel separation parameter”, [0102]).
Regarding claim 5, Pathak discloses, wherein the message includes an indication of a time period for which the said one or more corresponding Wi-Fi channels are not available for use (see e.g., “the first AP 110 may determine a first list of channels using a first selection technique at the first AP 110. For example, the first AP 110 may determine the first list of channels based on ranking an effective channel capacity for each channel. The effective channel capacity may be estimated using parameters such as the available airtime of a channel, overlapping BSS airtime…”, [0081] and/or “determine an additional contention airtime of the candidate channel based, at least in part, on a quantity of stations associated with the first AP and the current available airtime (utilized by the OBSS); determine an estimated physical layer transmission data rate for the quantity of stations associated with the first AP; and calculate the effective channel capacity based, at least in part, on the current available airtime, the additional contention airtime”, [0082]).
Regarding claim 6, Pathak discloses, wherein the indication that said one or more corresponding Wi-Fi channels are not available for use includes an indication that the said one or more corresponding Wi-Fi channels are occupied by the wireless backhaul network (see e.g., “The second AP 120 can be impacted in multiple ways depending on how it is utilizing its radios. For example, if the second AP 120 is using that channel for a backhaul channel from the second AP 120 to the first AP 110, then the second AP 120 may see higher packet errors for the backhaul channel due to a neighboring interferer that is unseen by the first AP 110. In another example, if the second AP 120 is using the channel for both backhaul and BSS service links, then the second AP 120 also may be constrained in the amount of traffic it can serve in its BSS (since the second AP 120 would be contending with the neighbor AP, even though the neighbor AP is unseen by the first AP 110).”, [0063] and/or “The first AP 110 may have a backhaul channel 111 to the root AP 150. The second AP 120 may have a backhaul channel 121 to the root AP 150. The third AP 130 may have a backhaul channel 131 to the second AP 120. In this arrangement, the third AP 130 may be referred to as a child AP of the second AP 120.”, [0055]).
Regarding claim 7, Pathak discloses, wherein deriving the indication of one or more corresponding Wi-Fi channels is performed in response to detecting a change in the stored indication of the first frequency band (see e.g., “The second AP 120 can be impacted in multiple ways depending on how it is utilizing its radios. For example, if the second AP 120 is using that channel for a backhaul channel from the second AP 120 to the first AP 110, then the second AP 120 may see higher packet errors for the backhaul channel due to a neighboring interferer that is unseen by the first AP 110. In another example, if the second AP 120 is using the channel for both backhaul and BSS service links, then the second AP 120 also may be constrained in the amount of traffic it can serve in its BSS (since the second AP 120 would be contending with the neighbor AP, even though the neighbor AP is unseen by the first AP 110).”, [0063] and/or “The first AP 110 may have a backhaul channel 111 to the root AP 150. The second AP 120 may have a backhaul channel 121 to the root AP 150. The third AP 130 may have a backhaul channel 131 to the second AP 120. In this arrangement, the third AP 130 may be referred to as a child AP of the second AP 120.”, [0055]).
Regarding claim 8, Pathak discloses, wherein the first frequency band includes two or more non-contiguous frequency bands (see e.g., “The one or more operating constraints may indicate a minimum frequency separation associated with the first selected channel. The second selected channel may be selected such that the second selected channel does not violate the minimum frequency separation associated with the first selected channel.”, [0022] and/or “the channel operating constraints may describe a minimum channel separation (which also may be referred to as a minimum frequency separation or bandwidth separation) that should be between two channels implemented at the first AP… if the first AP utilizes a first channel on a first radio of the first AP, there may be a channel operating constraint that the first AP cannot utilize another channel on a second radio of the first AP that is less than the minimum channel separation away from the first channel.”, [0050] and/or “the channel separation parameter may indicate a bandwidth/frequency distance from the operating channel of another interface on this device that can have single band simultaneous TX/RX with this interface operating on this channel. In some implementations, the channel separation parameter may be described in 5 MHz or 10 MHz increments. In some implementations, the available channels are pre-determined in 5 MHz steps, and the channel separation parameter can indicate a number of 5 MHz channels to include between the currently-described channel and another channel”, [0102]).
Regarding claim 10, Pathak discloses, a wireless networks management device comprising one or more processors (see e.g., “device 1000 may be one of an access point (including any of the APs described herein)”, Fig. 10, [0112] and/or Fig. 10, processor 1102 and/or “a root AP (or Multi-AP Controller) may participate in a channel selection technique and manage which channel(s) could be used by other APs in the network”, [0050]), one or more communications modules (see e.g., Fig. 10, Network Interface 1104), storage on which is stored storing computer-executable instructions which (see e.g., Fig. 10, Memory 1106), when executed by the one or more processors cause the wireless network management device to:
store an indication of a first frequency band used for communications in a wireless backhaul network (see e.g., “The first AP 110 may have a backhaul channel 111 to the root AP 150. The second AP 120 may have a backhaul channel 121 to the root AP 150. The third AP 130 may have a backhaul channel 131 to the second AP 120…A child AP will utilize a backhaul channel to access an upstream AP. The backhaul channels 111, 121, 131 may be wired, wireless, or a combination of wireless and wired links.”, [0055] and/or “…combine multiple APs such that each AP is in communication with at least one other AP to provide a larger wireless coverage area with network access to the broadband network…”, [0003]);
derive an indication of one or more corresponding Wi-Fi channels based on the stored indication of the first frequency band, the one or more corresponding Wi-Fi channels each being associated with a respective frequency band, wherein the respective frequency bands at least partially overlap with the first frequency band (see e.g., “a Multi-AP Controller (or root AP) may allocate channels to various APs such that the allocation would not violate the channel operating constraints of the Aps…”, [0051] and/or “The channel may be selected from a set of channels within the frequency bands supported by the AP. In a network having multiple APs, some APs may create overlapping wireless coverage areas using different channels. It may be possible for multiple APs to use the same channel in overlapping wireless coverage areas using channel reuse…channel reuse allows both the first and second AP to utilize the channel with acceptable amounts co-channel interference”, [0049] and/or “The TX power level may be included in a message with channel operating constraints that is sent to another AP, root AP, or Multi-AP Controller. The other AP, root AP, or Multi-AP Controller may consider the TX power level indicated by each AP to allocate channels and maximum TX power levels to various APs in the network”, [0051] and/or “The root AP 150 also may inform another AP (such as a neighbor AP of the first AP 110) about the channel selection of the first AP 110 (if the first AP 110 has not already done so)”, [0089];
generate a message including an indication of the one or more corresponding Wi-Fi channels and including an indication that said one or more corresponding Wi-Fi channels are not available for use (see e.g., “The root AP may be able to select (or assign, delegate, instruct) which channels to be used by a first AP by considering the overall network, overlapping areas, information from various APs, etc. To improve the channel selection…”, [0050] and/or “a channel selection information message can inform another AP regarding any distinct considerations for a first AP. Because there may be different vendors for various APs in the network, a root AP (or Multi-AP Controller) may not be aware of the channel operating constraints”, [0058]); and
transmit the message to one or more wireless network devices that are managing a local Wi-Fi network (see e.g., “the first AP may transmit a channel selection information message (which also may be referred to as a “Channel Preference Report message”) to a root AP of the network. The channel selection information message may include the first list of channels (which also may be referred to as a channel preference list) and the one or more operating constraints (which also may be referred to as radio operation restrictions) for at least the first channel”, [0069] and/or “The first example message format 710 includes a field to indicate the quantity of operable channels (designated as a number k). The operable channels may be a subset of a set of channels in a frequency band. For each operable channel (k), the first example message format 710 includes channel-specific information including channel operating constraints”, [012] and/or “The TX power level may be included in a message with channel operating constraints that is sent to another AP, root AP, or Multi-AP Controller. The other AP, root AP, or Multi-AP Controller may consider the TX power level indicated by each AP to allocate channels and maximum TX power levels to various APs in the network”, [0051]).
Regarding claim 11, Pathak discloses, receive an indication of changes to frequency bands used in the wireless backhaul network (see e.g., “The second AP 120 can be impacted in multiple ways depending on how it is utilizing its radios. For example, if the second AP 120 is using that channel for a backhaul channel from the second AP 120 to the first AP 110, then the second AP 120 may see higher packet errors for the backhaul channel due to a neighboring interferer that is unseen by the first AP 110. In another example, if the second AP 120 is using the channel for both backhaul and BSS service links, then the second AP 120 also may be constrained in the amount of traffic it can serve in its BSS (since the second AP 120 would be contending with the neighbor AP, even though the neighbor AP is unseen by the first AP 110).”, [0063] and/or “The first AP 110 may have a backhaul channel 111 to the root AP 150. The second AP 120 may have a backhaul channel 121 to the root AP 150. The third AP 130 may have a backhaul channel 131 to the second AP 120. In this arrangement, the third AP 130 may be referred to as a child AP of the second AP 120.”, [0055]); and
updated the stored indication of the first frequency band based on the received indication of changes to frequency bands (see e.g., “APs may coordinate with one another or a centralized resource to support automated configuration, optimization, and management of overlapping BSSs in a network (such as a self-organizing network, SON). In some networks, APs may autonomously configure (or reconfigure) a BSS based on information gathered by the AP”, [0048] and/or “By sharing channel operating constraints, the first AP can improve the channel selection technique to account for hardware characteristics of the first AP. In a network having a mix of APs from different vendors, the channel selection information message may provide a consistent mechanism for sharing hardware-specific limitations between the Aps”, [0053]).
Regarding claim 13, Pathak discloses, a non-transitory computer-readable storage medium comprising computer- executable instructions which, when executed by at least one processor (see e.g., “device 1000 may be one of an access point (including any of the APs described herein)”, Fig. 10, [0112] and/or Fig. 10, processor 1102 and/or “a root AP (or Multi-AP Controller) may participate in a channel selection technique and manage which channel(s) could be used by other APs in the network”, [0050] and/or Fig. 10, Memory 1106), cause the processor to:
store an indication of a first frequency band used for communications in a wireless backhaul network (see e.g., “The first AP 110 may have a backhaul channel 111 to the root AP 150. The second AP 120 may have a backhaul channel 121 to the root AP 150. The third AP 130 may have a backhaul channel 131 to the second AP 120…A child AP will utilize a backhaul channel to access an upstream AP. The backhaul channels 111, 121, 131 may be wired, wireless, or a combination of wireless and wired links.”, [0055] and/or “…combine multiple APs such that each AP is in communication with at least one other AP to provide a larger wireless coverage area with network access to the broadband network…”, [0003]);
derive an indication of one or more corresponding Wi-Fi channels based on the stored indication of the first frequency band, the one or more corresponding Wi-Fi channels each being associated with a respective frequency band, wherein the respective frequency bands at least partially overlap with the first frequency band (see e.g., “a Multi-AP Controller (or root AP) may allocate channels to various APs such that the allocation would not violate the channel operating constraints of the Aps…”, [0051] and/or “The channel may be selected from a set of channels within the frequency bands supported by the AP. In a network having multiple APs, some APs may create overlapping wireless coverage areas using different channels. It may be possible for multiple APs to use the same channel in overlapping wireless coverage areas using channel reuse…channel reuse allows both the first and second AP to utilize the channel with acceptable amounts co-channel interference”, [0049] and/or “The TX power level may be included in a message with channel operating constraints that is sent to another AP, root AP, or Multi-AP Controller. The other AP, root AP, or Multi-AP Controller may consider the TX power level indicated by each AP to allocate channels and maximum TX power levels to various APs in the network”, [0051] and/or “The root AP 150 also may inform another AP (such as a neighbor AP of the first AP 110) about the channel selection of the first AP 110 (if the first AP 110 has not already done so)”, [0089];
generate a message including an indication of the one or more corresponding Wi-Fi channels and including an indication that said one or more corresponding Wi-Fi channels are not available for use (see e.g., “The root AP may be able to select (or assign, delegate, instruct) which channels to be used by a first AP by considering the overall network, overlapping areas, information from various APs, etc. To improve the channel selection…”, [0050] and/or “a channel selection information message can inform another AP regarding any distinct considerations for a first AP. Because there may be different vendors for various APs in the network, a root AP (or Multi-AP Controller) may not be aware of the channel operating constraints”, [0058]); and
transmit the message to one or more wireless network devices that are managing a local Wi-Fi network (see e.g., “the first AP may transmit a channel selection information message (which also may be referred to as a “Channel Preference Report message”) to a root AP of the network. The channel selection information message may include the first list of channels (which also may be referred to as a channel preference list) and the one or more operating constraints (which also may be referred to as radio operation restrictions) for at least the first channel”, [0069] and/or “The first example message format 710 includes a field to indicate the quantity of operable channels (designated as a number k). The operable channels may be a subset of a set of channels in a frequency band. For each operable channel (k), the first example message format 710 includes channel-specific information including channel operating constraints”, [012] and/or “The TX power level may be included in a message with channel operating constraints that is sent to another AP, root AP, or Multi-AP Controller. The other AP, root AP, or Multi-AP Controller may consider the TX power level indicated by each AP to allocate channels and maximum TX power levels to various APs in the network”, [0051]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4 and 12 are rejected under 35 U.S.C. 103(a) as being unpatentable over Pathak, in view of WATERS et al. (US 2012/0063340 A1, hereinafter Waters).
Regarding claim 4, Pathak fails to explicitly disclose, wherein deriving the indication of the one or more corresponding Wi-Fi channels includes accessing a database storing a plurality of records associating Wi-Fi channels to frequencies.
In the same field of endeavor, Waters discloses, wherein deriving the indication of the one or more corresponding Wi-Fi channels includes accessing a database storing a plurality of records associating Wi-Fi channels to frequencies (see e.g., “The scanner 204 may access the AP database 114 to retrieve information regarding what network channels are being used by APs proximate to the wireless device 102, and scan only those channels.”, [0029] and/or “The scanner 204 may retrieve channel use information from the AP database 114”, [0030] and/or “The AP database 114 may reside in the wireless device or on a network server”, [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine teachings of Pathak with Waters, in order to retrieve information regarding what network channels are being used by Aps by accessing AP database (please see Waters, [0029]).
Regarding claim 12, Pathak fails to explicitly disclose, wherein deriving the indication of one or more corresponding Wi-Fi channels based on the stored indication of the first frequency band includes accessing a database to determine frequencies associated with one or more Wi-Fi channels.
In the same field of endeavor, Waters discloses, wherein deriving the indication of one or more corresponding Wi-Fi channels based on the stored indication of the first frequency band includes accessing a database to determine frequencies associated with one or more Wi-Fi channels (see e.g., “The scanner 204 may access the AP database 114 to retrieve information regarding what network channels are being used by APs proximate to the wireless device 102, and scan only those channels.”, [0029] and/or “The scanner 204 may retrieve channel use information from the AP database 114”, [0030] and/or “The AP database 114 may reside in the wireless device or on a network server”, [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine teachings of Pathak with Waters, in order to retrieve information regarding what network channels are being used by Aps by accessing AP database (please see Waters, [0029]).
Claim 9 is rejected under 35 U.S.C. 103(a) as being unpatentable over Pathak, in view of CRAWLEY (US 2018/0376470 A1, hereinafter Crawley).
Regarding claim 9, Pathak fails to explicitly disclose, wherein transmitting the message to one or more wireless network devices is performed in response to a detection that a wireless network device has been registered.
In the same field of endeavor, Crawley discloses, wherein transmitting the message to one or more wireless network devices is performed in response to a detection that a wireless network device has been registered (see e.g., “At item 402, the AP generates a list of possible WLAN channels that STAs might use while operating in the WLAN. This list may be compiled using any information available such as that available from system information or operational frequency information obtained from STA operational constraints.”, [0044] and/or “the AP registers all STAs that it currently has operating on a particular channel frequency.”, [0045] and/or “the AP sends or transmits one or more channel switch messages to all remote stations to change from the first channel frequency to the second channel frequency. ”, [0046] and/or “determine if a first channel frequency is congested, and transmit one or more channel switching messages to the plurality of remote stations”, [0053]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine teachings of Pathak with Crawley, in order to transmit message indicating channel changes in a wireless local area network (WLAN), specifically a reliable channel change for all remote stations (STAs) using a specified access point (AP) (please see Crawley, [0001]).
Conclusion
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/FARID SEYEDVOSOGHI/ Examiner, Art Unit 2645
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