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 .
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a) -(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action, 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application. See MPEP 2304.01(c).
In particular, the Examiner is unable to find subject matter support in the following foreign application(s): JP2022-143102. With regard to foreign application, JP2022-143102, the Examiner is unable to locate a suitable English translation of the document. An English translation of JP2022-143102 is required to obtain the priority date associated with said application number.
Thus, the current benefit accords to the filing date 09/05/2023 of the instant application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that uses the word “unit” and are therefore being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses the generic placeholder “unit” that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: determination unit in claims 1 and 6-7, and notification unit in claims 6-7, and control unit in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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)(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.
(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, 3, 5-7, and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patil et al. (US 2019/0158413 A1).
Regarding claim 1, Patil discloses A communication apparatus capable of multilink communication complying with IEEE 802.11 standard series, comprising (Fig. 7, [0125]: AP 700 complies with IEEE 802.11 standards):
a determination unit configured to determine, from a plurality of wireless links established with another communication apparatus, a primary link complying with the IEEE 802.11 standard series, which is a link capable of transmission of a predetermined type of a radio frame ([0048]: the example ML communication depicted in FIG. 2 may be performed by any of the wireless devices (including the AP 110) in the WLAN 120. Fig. 1, [0041]: in WLAN 120, the AP 110 may be capable of establishing multiple communication links with each of the wireless stations STA1-STA3. For example, the AP 110 may communicate with each of the wireless stations STA1-STA3 via a primary link and one or more secondary links. [0004]: WLAN conforming to IEEE 802.11 family of standards and each AP periodically broadcasts beacon frames on the primary link to enable any STAs within wireless range of the AP to establish and maintain a communication link with the WLAN. [0058]: AP may manage or control the assignment of the primary link in a multi-link environment and may signal changes in the primary link via beacon frames),
wherein the determination unit determines the primary link based on at least one of a first condition concerning a plurality of frequency channels corresponding to the plurality of wireless links, and a second condition concerning a radio wave status in each of the plurality of wireless links ([0058]: AP may manage or control the assignment of the primary link in a multi-link environment. For example, the AP may monitor the channel conditions on each of the communication links, and may selectively assign (and re-assign) the role of primary link to one of the communication links based at least in part on the channel conditions associated with each of the communication links. [0143]: The primary communication link may be associated with one or more first wireless channels. More specifically, access to the primary communication link may be based on contention. [0145]: selectively reassign the primary communication link from the one or more first wireless channels to the one or more second wireless channels based at least in part on one or more channel conditions of the first wireless channels or the second wireless channels. For example, when the load or activity on the first wireless channels is relatively high (due to heavy data traffic or interference) while the load or activity on the second wireless channels is relatively low, the first and second wireless channels may switch roles. As a result, the wireless device may subsequently contend for medium access on the one or more second wireless channels (the new primary communication link) and may attempt to access the one or more first wireless channels (the new secondary communication link) only after it has gained access to the primary communication link).
Regarding claim 9, Patil discloses A control method of a communication apparatus capable of multilink communication complying with IEEE 802.11 standard series, comprising (Fig. 7, [0125]: AP 700 complies with IEEE 802.11 standards)
determining, from a plurality of wireless links established with another communication apparatus, a primary link complying with the IEEE 802.11 standard series, which is a link capable of transmission of a predetermined type of a radio frame ([0048]: the example ML communication depicted in FIG. 2 may be performed by any of the wireless devices (including the AP 110) in the WLAN 120. Fig. 1, [0041]: in WLAN 120, the AP 110 may be capable of establishing multiple communication links with each of the wireless stations STA1-STA3. For example, the AP 110 may communicate with each of the wireless stations STA1-STA3 via a primary link and one or more secondary links. [0004]: WLAN conforming to IEEE 802.11 family of standards and each AP periodically broadcasts beacon frames on the primary link to enable any STAs within wireless range of the AP to establish and maintain a communication link with the WLAN. [0058]: AP may manage or control the assignment of the primary link in a multi-link environment and may signal changes in the primary link via beacon frames),
wherein in the determining, the primary link is determined based on at least one of a first condition concerning a plurality of frequency channels corresponding to the plurality of wireless links, and a second condition concerning a radio wave status in each of the plurality of wireless links ([0058]: AP may manage or control the assignment of the primary link in a multi-link environment. For example, the AP may monitor the channel conditions on each of the communication links, and may selectively assign (and re-assign) the role of primary link to one of the communication links based at least in part on the channel conditions associated with each of the communication links. [0143]: The primary communication link may be associated with one or more first wireless channels. More specifically, access to the primary communication link may be based on contention. [0145]: selectively reassign the primary communication link from the one or more first wireless channels to the one or more second wireless channels based at least in part on one or more channel conditions of the first wireless channels or the second wireless channels. For example, when the load or activity on the first wireless channels is relatively high (due to heavy data traffic or interference) while the load or activity on the second wireless channels is relatively low, the first and second wireless channels may switch roles. As a result, the wireless device may subsequently contend for medium access on the one or more second wireless channels (the new primary communication link) and may attempt to access the one or more first wireless channels (the new secondary communication link) only after it has gained access to the primary communication link).
Regarding claim 10, Patil discloses A non-transitory computer-readable storage medium storing a program that, when executed by a computer, causes the computer to perform a control method of a communication apparatus capable of multilink communication complying with IEEE 802.11 standard series, comprising (Fig. 7, [0125]: AP 700 comprises memory 740 and complies with IEEE 802.11 standards. [0128]: The memory 740 also may include a non-transitory computer-readable medium (one or more nonvolatile memory elements, such as EPROM, EEPROM, Flash memory, a hard drive, and the like) that may store at least the following software (SW) modules. [0136]: Each software module includes instructions that, when executed by the processor 730, cause the AP 700 to perform the corresponding functions)
determining, from a plurality of wireless links established with another communication apparatus, a primary link complying with the IEEE 802.11 standard series, which is a link capable of transmission of a predetermined type of a radio frame ([0048]: the example ML communication depicted in FIG. 2 may be performed by any of the wireless devices (including the AP 110) in the WLAN 120. Fig. 1, [0041]: in WLAN 120, the AP 110 may be capable of establishing multiple communication links with each of the wireless stations STA1-STA3. For example, the AP 110 may communicate with each of the wireless stations STA1-STA3 via a primary link and one or more secondary links. [0004]: WLAN conforming to IEEE 802.11 family of standards and each AP periodically broadcasts beacon frames on the primary link to enable any STAs within wireless range of the AP to establish and maintain a communication link with the WLAN. [0058]: AP may manage or control the assignment of the primary link in a multi-link environment and may signal changes in the primary link via beacon frames),
wherein in the determining, the primary link is determined based on at least one of a first condition concerning a plurality of frequency channels corresponding to the plurality of wireless links, and a second condition concerning a radio wave status in each of the plurality of wireless links ([0058]: AP may manage or control the assignment of the primary link in a multi-link environment. For example, the AP may monitor the channel conditions on each of the communication links, and may selectively assign (and re-assign) the role of primary link to one of the communication links based at least in part on the channel conditions associated with each of the communication links. [0143]: The primary communication link may be associated with one or more first wireless channels. More specifically, access to the primary communication link may be based on contention. [0145]: selectively reassign the primary communication link from the one or more first wireless channels to the one or more second wireless channels based at least in part on one or more channel conditions of the first wireless channels or the second wireless channels. For example, when the load or activity on the first wireless channels is relatively high (due to heavy data traffic or interference) while the load or activity on the second wireless channels is relatively low, the first and second wireless channels may switch roles. As a result, the wireless device may subsequently contend for medium access on the one or more second wireless channels (the new primary communication link) and may attempt to access the one or more first wireless channels (the new secondary communication link) only after it has gained access to the primary communication link).
Regarding claim(s) 3, Patil discloses all features of claim(s) 1 as outlined above.
Patil discloses wherein the first condition includes that a link corresponding to one frequency channel, among the plurality of frequency channels, whose bandwidth is relatively wide is determined as the primary link ([0003]: The shared wireless medium may encompass multiple frequency bands (such as the 2.4 GHz, 5 GHz, or 6 GHz frequency bands) or multiple channels of one or more frequency bands. [0044]: the wireless device may include a wideband radio that can be configured to communicate on each of the primary and secondary links. As described above, each of the primary and secondary links may be of various bandwidths, for example, by bonding a number of 20 MHz-wide channels together to form 40 MHz-wide channels, 80 MHz-wide channels, or 160 MHz-wide channels. Examiner’s note: Patil’s primary and secondary links are relatively wide because they are bonded by 20 MHz-wide channels).
Regarding claim(s) 5, Patil discloses all features of claim(s) 1 as outlined above.
Patil discloses wherein the second condition includes that a link, in which the number of times a Beacon is detected is relatively small among the plurality of wireless links, is determined as the primary link ([0046]: when attempting to transmit management and control frames (such as beacons …, the AP 110 may contend for medium access on each of the primary and secondary links separately and concurrently. [0047]: because single-MAC devices must contend for medium access on only the primary link, the overall throughput of the WLAN 120 may be limited by the load on the primary link. For example, as long as the primary link is busy (due to ongoing transmissions by a wireless device in the current BSS or an overlapping BSS), no other wireless device may utilize the shared wireless medium even if the secondary link is idle. Thus, to improve the throughput and channel utilization in a multi-link environment, the implementations described herein may dynamically change (or reallocate) the primary link based at least in part on channel conditions on each of the communication links. For example, when the current primary link is heavily loaded (due to heavy traffic or interference on the corresponding channel), and the load on the secondary link is relatively light, the primary and secondary links may switch roles).
Regarding claim(s) 6, Patil discloses all features of claim(s) 1 as outlined above.
Patil discloses further comprising
a notification unit configured to notify the other communication apparatus of information about the primary link determined by the determination unit ([0058]: the AP may signal changes in the primary link via beacon frames broadcast at target beacon transmission times (TBTTs). For example, beacon frames are typically broadcast at regular intervals (referred to as “beacon intervals”) to enable any STAs in the vicinity of the AP to establish or maintain a connection to the wireless network. [0063]: Thus, the AP may signal the change in primary link via one or more beacon frames broadcast at the start of the beacon interval. Since Link1 is configured as the primary link at this time (and thus ML STAs are currently listening to Link1 for beacon information), the AP may provide primary link (PL) information in Beacon1, broadcast on Link1, at time t1. For example, the PL information may be provided in a new element or field in the beacon frame that can be interpreted or decoded by ML STAs. In some aspects, the PL information may indicate that the primary link has been changed. In some other aspects (where there are multiple secondary links), the PL information may specify which secondary link is to become the new primary link.).
Regarding claim(s) 7, Patil discloses all features of claim(s) 6 as outlined above.
Patil discloses wherein
further comprising
a control unit configured to control the determination unit so as to determine the primary link at a predetermined timing ([0063]: At time t1, the AP may switch the primary link from Link1 to Link2. For example, time t1 may coincide with a TBTT or the start of a subsequent beacon interval (from times t1 to t2)),
wherein, if the primary link is changed by the determination unit, the notification unit notifies the other communication apparatus of information about the primary link newly determined by the determination unit ([0063]: Thus, the AP may signal the change in primary link via one or more beacon frames broadcast at the start of the beacon interval. Since Link1 is configured as the primary link at this time (and thus ML STAs are currently listening to Link1 for beacon information), the AP may provide primary link (PL) information in Beacon1, broadcast on Link1, at time t1. For example, the PL information may be provided in a new element or field in the beacon frame that can be interpreted or decoded by ML STAs. In some aspects, the PL information may indicate that the primary link has been changed. In some other aspects (where there are multiple secondary links), the PL information may specify which secondary link is to become the new primary link.).
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 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patil et al. (US 2019/0158413 A1) in view of Rai et al. (US 2018/0199342 A1).
Regarding claim(s) 2, Patil discloses all features of claim(s) 1 as outlined above.
Patil does not explicitly disclose, but Rai explicitly discloses wherein the first condition includes at least one of that the frequency channel corresponding to the primary link is a frequency channel in a frequency band which does not require Dynamic Frequency Selection (DFS), and that a frequency band corresponding to the primary link is a frequency channel in a frequency band which does not require Automated Frequency Coordination (AFC) ([0053]: the primary channel (e.g., a primary 80 MHz channel) is a non-DFS channel (non-radar channel) and the secondary channel (e.g., a secondary 80 MHz channel) is a DFS channel (radar channel)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the primary channel, as taught by Patil, to be a non-DFS channel, as taught by Rai.
Doing so allows the AP to perform a CAC in the secondary channel to determine if any radar signals are detected from a radar (Rai: [0053]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patil et al. (US 2019/0158413 A1) in view of Lee et al. (US 2023/0063981 A1).
Regarding claim(s) 4, Patil discloses all features of claim(s) 1 as outlined above.
Patil discloses wherein each of the plurality of frequency channels is included in any one of a plurality of frequency bands ([0041]: the primary link may comprise one or more channels of the 5 GHz frequency band and the secondary link may comprise one or more channels of the 6 GHz frequency band. In some other implementations, the communication links may encompass different channels of the same frequency band. For example, the primary link may comprise a first subset of channels in the 6 GHz frequency band and the secondary link may comprise a second subset of channels in the 6 GHz frequency band. Still further, in some implementations, the communication links may encompass different channels of different frequency bands. For example, the primary link may comprise a first subset of channels in the 5 GHz frequency band and a first subset of channels in the 6 GHz frequency band, and the secondary link may comprise a second subset of channels in the 5 GHz frequency band and a second subset of channels in the 6 GHz frequency band),
the first condition includes that a link corresponding to one frequency channel, among the plurality of frequency channels, included in a frequency band ([0041]: the primary link may comprise one or more channels of the 5 GHz frequency band [or] the primary link may comprise a first subset of channels in the 6 GHz frequency band [or] the primary link may comprise a first subset of channels in the 5 GHz frequency band and a first subset of channels in the 6 GHz frequency band).
Patil does not disclose, but Lee discloses a level of priority is assigned to each of the plurality of frequency bands ([0171]: priority levels based on performance (e.g., NAN throughput in a NAN terminal) according to frequency bands may be assumed to be in the order of 6 GHz (e.g., 1600 Mbps)>5 GHz (e.g., 900 Mbps)>2.4 GHz (e.g., 150 Mbps)), and
the 6 GHz frequency band and/or 5 GHz frequency band having a relatively high level of priority ([0171]: priority levels based on performance (e.g., NAN throughput in a NAN terminal) according to frequency bands may be assumed to be in the order of 6 GHz (e.g., 1600 Mbps)>5 GHz (e.g., 900 Mbps)>2.4 GHz (e.g., 150 Mbps). [0097]-[0098]: The list of Band Entries may be used to determine a frequency band (e.g., 2.4 GHz, 5 GHz, or 6 GHz) to be used in an FAW … Table 8 shows a format of a Channel Entry field included in the Band/Channel Entries List field. The Channel Entry field may include a plurality of fields (e.g., … Primary Channel Bitmap…) … the Primary Channel Bitmap field may be used to designate a specific channel).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the 6 GHz and/or 5 GHz frequency bands used for the primary channel, as taught by Patil, to follow a priority order where the 6 GHz frequency band has a higher priority than the 5 GHz frequency band which further has a higher priority than the 2.4 GHz frequency band, as taught by Lee.
Doing so provides a priority level order based on performance, i.e., NAN throughput (Lee: [0171]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patil et al. (US 2019/0158413 A1) in view of Jang et al. (US 2025/0088874 A1).
Regarding claim(s) 8, Patil discloses all features of claim(s) 1 as outlined above.
Patil discloses wherein
the multilink communication is multilink communication (Fig. 7, [0123]: AP 700 may be a wireless device (such as a ML AP) that is capable of communicating over multiple communication links, concurrently, using link aggregation techniques. [0125]: the AP 700 may be configured for OFDMA communications or other suitable multiple access mechanisms, for example, as may be specified by any of the IEEE 802.11 standards), and
the predetermined type of the radio frame includes a Beacon frame and a Probe Response frame ([0046]: when attempting to transmit management and control frames (such as beacons, probe responses, and the like) …, the AP 110 may contend for medium access on each of the primary and secondary links separately and concurrently).
Patil does not disclose, but Jang discloses the multilink communication is multilink communication including a Non-Simultaneous Transmission Reception (NSTR) link pair complying with an IEEE 802.11be standard (abstract: changing a primary link belonging to an NSTR link pair through an ML element in a WLAN system. [0007]: The present embodiment may be performed in a network environment in which a next generation WLAN system (IEEE 802.11be). [0195]: The primary link is a link where a management frame such as a beacon frame or probe response frame for discovery or association between transmitting and receiving MLDs is transmitted and received. [0208]: the NSTR soft AP MLD can change the primary link because it has a significant influence on links operating as NSTR depending on channel quality or channel status).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ML AP complying with IEEE 802.11 standards, as taught by Patil, to be an NSTR soft AP MLD complying with IEEE 802.11be, as taught by Lee.
Doing so allows the NSTR soft AP MLD can change the primary link because it has a significant influence on links operating as NSTR depending on channel quality or channel status (Lee: [0208]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino, can be reached on (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov