DETAILED ACTION
Claims 1-20 have been examined.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 states “the generated AFC query metric includes a positive indication or a negative indication’. It is not clear what the positive or negative indications purpose is or what it relates to. Applicant should amend the claim to make the claimed subject matter clear.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 and 14-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20230379911 A1 to Wu (hereinafter “Wu”).
As per claim 1, Wu discloses a network device (Wu Fig. 1 and 2), comprising: a processor (Wu Fig. 2); at least one network interface controller configured to provide access to a network (Wu Fig. 1 and 2); and a memory communicatively coupled to the processor (Wu Fig. 1 and 2), wherein the memory comprises a management logic (Wu Fig. 1 and 2) that is configured to: receive an indication of a location of an access point (AP) (Wu [0005] and [0032] In some embodiments, the provisioning and configuration server 152 receives registration requests from the AFC 210 of gateways 200 indicative of AP 110 location as well as specific channels or frequencies identified by the AFC 210 as available and selected for use by the AP 110. If the location information is incorrect, or the selected channels/frequencies are not available, then the provisioning and configuration server 152 will reject the registration request. Otherwise, some or all of the frequencies associated with the requested channel(s) will be registered for use by the AP 110 associated with the requesting gateway 200. That is, the server 152 rejects a request consistently due to an issue such as, illustratively, incorrect AP location data, frequency occupied, and so on. A response may propose an AP to re-register with one or more available frequencies in the same or different band.); and generate an automatic frequency coordination (AFC) query metric for the location of the AP (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.).
As per claim 2, Wu discloses the network device of claim 1, wherein the management logic is further configured to adjust at least one AFC query associated with the AP based on the generated AFC query metric (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.).
As per claim 3, Wu discloses the network device of claim 2, wherein to adjust the at least one AFC query associated with the AP, the management logic is further configured to: determine whether to perform the at least one AFC query associated with the AP based on the generated AFC query metric (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.); and perform or refrain to perform the at least one AFC query associated with the AP based on the determination of whether to perform the at least one AFC query (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.).
As per claim 4, Wu discloses the network device of claim 2, wherein to adjust the at least one AFC query associated with the AP, the management logic is further configured to assign a priority level to the at least one AFC query associated with the AP based on the generated AFC query metric (Wu [0004,0014,0050-0052]).
As per claim 5, Wu discloses the network device of claim 2, wherein to adjust the at least one AFC query associated with the AP, the management logic is further configured to adjust a query rate associated with the at least one AFC query associated with the AP based on the generated AFC query metric (Wu [0035,0047,0052]).
As per claim 6, Wu discloses the network device of claim 1, wherein the generated AFC query metric includes a positive indication (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.) or a negative indication.
As per claim 7, Wu discloses the network device of claim 1, wherein the generated AFC query metric includes an indication of likelihood of success of least one AFC query associated with the AP (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time.).
As per claim 8, Wu discloses the network device of claim 1, wherein the AFC query metric is generated based on one or more results of one or more previous AFC queries associated with the location of the AP (Wu [0005,0035,0050-0052]).
As per claim 9, Wu discloses the network device of claim 1, wherein the AFC query metric is generated based on one or more results of one or more previous AFC queries associated with one or more first locations near the location of the AP (Wu [0005,0035,0050-0052]).
As per claim 10, Wu discloses the network device of claim 9, wherein the location of the AP is associated with a polygon, the one or more first locations are each associated with a first polygon (Wu Fig. 1 and [0056]), and the polygon intersects each first polygon (Wu Fig. 1 and [0056]).
As per claim 14, Wu discloses the network device of claim 1, wherein the AFC query metric is generated based on a report of at least one monitoring radio that detects non-802.11 emission (Wu [0004,0014,0034]).
As 15, Wu discloses the network device of claim 1, wherein the AFC query metric is generated based on accessing a regulatory database (Wu Fig. 1 and [0005,0014]).
As per claim 16, Wu discloses the network device of claim 1, wherein the AFC query metric is generated based on an AFC query-related time series and a present time (Wu [0035,0047,0052]).
As per claim 17, Wu discloses the network device of claim 1, wherein the AFC query metric is generated based on global navigation satellite system (GNSS) satellite visibility at the AP (Wu [0005,0014,0038]).
As per claim 18, Wu discloses the network device of claim 1, wherein the AFC query metric is associated with a bandwidth (Wu [0005,0014]) or a channel set (Wu [0005,0014]).
As per claim 19, Wu discloses a network device (Wu Fig. 1 and 2), comprising: a processor (Wu Fig. 1 and 2); at least one network interface controller configured to provide access to a network (Wu Fig. 1 and 2); and a memory communicatively coupled to the processor (Wu Fig. 1 and 2), wherein the memory comprises a management logic (Wu Fig. 1 and 2) that is configured to: receive an indication of a location of an access point (AP) (Wu [0005] and [0032] In some embodiments, the provisioning and configuration server 152 receives registration requests from the AFC 210 of gateways 200 indicative of AP 110 location as well as specific channels or frequencies identified by the AFC 210 as available and selected for use by the AP 110. If the location information is incorrect, or the selected channels/frequencies are not available, then the provisioning and configuration server 152 will reject the registration request. Otherwise, some or all of the frequencies associated with the requested channel(s) will be registered for use by the AP 110 associated with the requesting gateway 200. That is, the server 152 rejects a request consistently due to an issue such as, illustratively, incorrect AP location data, frequency occupied, and so on. A response may propose an AP to re-register with one or more available frequencies in the same or different band.); generate an automatic frequency coordination (AFC) query metric for the location of the AP (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.); and send an indication of the generated AFC query metric (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.).
As per claim 20, Wu discloses a method for optimizing automatic frequency coordination (AFC) queries (Wu [0004-0005]), comprising: receiving an indication of a location of an access point (AP) (Wu [0005] and [0032] In some embodiments, the provisioning and configuration server 152 receives registration requests from the AFC 210 of gateways 200 indicative of AP 110 location as well as specific channels or frequencies identified by the AFC 210 as available and selected for use by the AP 110. If the location information is incorrect, or the selected channels/frequencies are not available, then the provisioning and configuration server 152 will reject the registration request. Otherwise, some or all of the frequencies associated with the requested channel(s) will be registered for use by the AP 110 associated with the requesting gateway 200. That is, the server 152 rejects a request consistently due to an issue such as, illustratively, incorrect AP location data, frequency occupied, and so on. A response may propose an AP to re-register with one or more available frequencies in the same or different band.); generating an automatic frequency coordination (AFC) query metric for the location of the AP (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.); and adjusting at least one AFC query associated with the AP based on the generated AFC query metric (Wu [0005] In one embodiment, an automatic frequency coordination (AFC) method for managing frequency grants to a Wi-Fi access point (AP) comprises: (1) determining the location of the AP; (2) transmitting toward a Federal Communications Commission (FCC) universal licensing system (ULS) a query to identify allocations of any 6 GHz band channels within a geographic region proximate the determined AP location; (3) responsive to an indication that some of the proximate 6 GHz band channels are allocated, transmitting toward the FCC ULS a query to identify allocations of a subset of the 6 GHz band channels of the prior query; (4) selecting at least one unallocated 6 GHz band channel exhibiting a high quality signal, and transmitting toward a network manager a registration request identifying the determined AP location and the at least one selected channel; (5) responsive to a registration response indicating that the determined AP location is incorrect, updating the location of the AP and repeating steps (2) through (5); (6) responsive to a registration response indicating that none of the at least one selected channels may be used by the AP, repeating steps (2) through (6); (7) responsive to a registration response assigning 6 GHz band channel frequencies to the AP, configuring the AP to operate using the assigned 6 GHz band channel frequencies for a predefined amount of time. [0047] At step 310, responsive to a hard reset (e.g., power cycle), soft reset, initialization, expiration of a channel assignment timer, or registration revocation message, the AFC module 210 is operative to: determine the location of the gateway 200, specifically the AP 110 associated with the gateway 200, generate an initial FCC/ULS query, transmit initial query toward the FCC/ULS 191, and subsequently receive an FCC/ULS query response. The initial query may comprise a location-based query as to whether the AP 110 location is associated with the allocation of any 6 GHz band channels/frequencies to incumbent/priority users.).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu as applied to claims 1-10 and 14-20 above, and further in view of US 20230379128 A1 to Wang et al. (hereinafter “Wang”).
As per claim 12, Wu discloses the network device of claim 9, wherein the AFC query metric is generated based further on a machine learning process.
Wu may not explicitly disclose, but Wang, which is in the same field of endeavor, discloses wherein the AFC query metric is generated based further on a machine learning process (Wang [0057,0146]). The purpose of Wang is to configurations of low power indoor access points operating in unlicensed 6 GHz spectrum (Wang [0001]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wang with Wu, to configure of low power indoor access points operating in unlicensed 6 GHz spectrum (Wang [0001]).
Allowable Subject Matter
Claims 11 and 13 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAIYAZKHAN GHAFOERKHAN whose telephone number is (571)270-7161. The examiner can normally be reached Flex.
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FAIYAZKHAN GHAFOERKHAN
Primary Examiner
Art Unit 2476
/FAIYAZKHAN GHAFOERKHAN/Primary Examiner, Art Unit 2476