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.
Response to Arguments
Applicant’s response filed 05/28/2026 is silent with respect to the priority section in the office action mailed on 03/11/2026. Therefore, the current benefit accords to the filing date 09/05/2026 of the instant application.
Applicant’s corrections filed 05/28/2026 with respect to claim interpretation under 112(f) for claim(s) 1 and 6-7 made on 03/11/2026 have been considered and the claim interpretation under 112(f) to the claims are withdrawn.
Applicant's arguments filed 05/28/2026 with respect to claim(s) 1, 9, and 10 have been considered but are moot in view of the new ground(s) of rejection under 103 based on Kim et al. (US 2024/0137979 A1) in view of Chitrakar et al. (US 2021/0360522 A1).
Applicant’s argument: On pgs. 10 and 13, Applicant “submits that the amendments in this response are made to align the scope of the U.S. claims with the allowed claims in the corresponding foreign application [Korean counterpart application (KR10-2023-0116665)], as permitted under the PPH program. Applicant respectfully submits that, under the mutual reciprocity of the PPH, the claims of the United States patent application should be allowable for at least the same reasons.” Examiner’s response: First, Examiner notes that the Korean counterpart application (KR 10-1020230116665) has not been allowed as of 06/11/2026, and is still pending. Applicant’s amendment aligns with the amendment by the Korean counterpart application filed 02/19/2026.
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Second, the instant application does not have a PPH request form on record.
Third, MPEP 708.02(c) states “The Patent Prosecution Highway (PPH) speeds up the examination process for corresponding applications filed in participating patent offices. Under PPH, participating patent offices have agreed that when an applicant receives a final ruling from a first patent office that at least one claim is allowed, the applicant may request fast track examination of corresponding claim(s) in a corresponding patent application that is pending in a second patent office. PPH leverages fast-track examination procedures already in place among participating patent offices to allow applicants to reach final disposition of a patent application more quickly and efficiently than standard examination processing.” In other words, an application under the PPH program allows for a quicker and efficient examination process. The MPEP does not state that the application “should be allowable for at least the same reasons” as the allowed claim(s) in the foreign application.
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(s) 4 is/are 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 pre-AIA the applicant regards as the invention.
Claim 4 recites the limitation "the plurality of frequency channels" in “each of the plurality of frequency channels corresponding to the plurality of links is included in any one of a plurality of frequency bands”. There is insufficient antecedent basis for this limitation in the claim.
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) 1, 6, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2024/0137979 A1) in view of Chitrakar et al. (US 2021/0360522 A1).
Regarding claims 1, 9, and 10, Kim discloses A communication apparatus capable of multilink communication complying with IEEE 802.11 standard series, comprising: at least one memory and at least one processor, wherein the at least one memory and the at least one processor are configured to implement (claim 1) and A control method of a communication apparatus capable of multilink communication complying with IEEE 802.11 standard series, comprising (claim 9) and 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 (claim 10) (Fig. 4, [0063]: AP 200 comprises memory 260 and processor 210. [0051]: The station (STA) is a predetermined device including medium access control (MAC) following a regulation of an IEEE 802.11 standard and a physical layer interface for a wireless medium, and includes both a non-access point (non-AP) station and an access point (AP) in a broad sense):
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 frame including a Beacon frame and a Probe Response frame ([0051]: The station (STA) is a predetermined device including medium access control (MAC) following a regulation of an IEEE 802.11 standard and a physical layer interface for a wireless medium, and includes both a non-access point (non-AP) station and an access point (AP) in a broad sense. [0152]: the NSTR soft AP MLD may operate APs in two different links, and transmit a beacon frame through only one link among the two links above if the two links are in an NSTR relationship with each other. In this case, the link in which the NSTR soft AP MLD transmits the beacon frame may have concept of a primary link among the NSTR link pair of the NSTR soft AP MLD. However, the NSTR soft AP MLD may operate a link remaining after excluding the primary link among the NSTR link pair as concept of a non-primary link. [0213]: an NSTR AP MLD cannot transmit a beacon frame, a probe response frame, and a multi-link (ML) probe response frame through a non-primary link. Fig. 15: beacon frame, and ML probe response frame are transmitted over primary link), and
a transmission unit configured to transmit the predetermined type of a frame over the primary link and not to transmit the predetermined type of a frame over any link other than the primary link ([0152]: the link in which the NSTR soft AP MLD transmits the beacon frame may have concept of a primary link among the NSTR link pair of the NSTR soft AP MLD … the non-primary link may be a link in which the beacon frame is not transmitted. [0213]: an NSTR AP MLD cannot transmit a beacon frame, a probe response frame, and a multi-link (ML) probe response frame through a non-primary link. Fig. 15: beacon frame, and ML probe response frame are transmitted over primary link and not the non-primary link),
wherein the determination unit determines a link operating on a frequency channel([0153]: AP MLD operates one link among the NSTR link pair as the primary link. [0335]: The NSTR AP MLD may determine, as a primary link, one of links of the NSTR link pair for operation of the APs by the NSTR AP MLD itself).
Kim does not disclose, but Chitrakar discloses wherein the determination unit determines a link operating on a frequency channel that does not require Dynamic Frequency Selection (DFS) as the primary link ([0043]: the Primary band may be assigned by the AP … The channels on the Primary band is used for Synchronization (i.e. to receive Beacon frames), exchange of management frames, etc. Since the primary band is used to carry important control and management frames, a band with good quality channels (having least interference, no spectrum sharing etc.) with little probability of service disruption (e.g. non-DFS) is chosen as the primary band).
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 AP, as taught by Kim, to assign a primary band by choosing a non-DFS band as the primary band, as taught by Chitrakar.
Doing so allows the primary band be used for synchronization, exchange of management frames, etc. because it’s a band with good quality channels (having least interference, no spectrum sharing etc.) with little probability of service disruption (Chitrakar: [0043]).
Regarding claim(s) 6, Kim discloses all features of claim(s) 1 as outlined above.
Kim discloses wherein the at least one memory and the at least one processor are configured to implement:
a notification unit configured to notify the other communication apparatus of information about the primary link determined by the determination unit ([0153]: AP MLD operates one link among the NSTR link pair as the primary link. [0335]: The NSTR AP MLD may determine, as a primary link, one of links of the NSTR link pair for operation of the APs by the NSTR AP MLD itself. [0303]: a quiet element for the non-primary link, transmitted through the beacon frame of the primary link, may be configured (indicated) by the NSTR AP MLD as follows. [0305]: 1. A quiet count field may be configured with the number of remaining TBTTs of a primary link until the next quiet interval starts in a non-primary link. [0306]: 2. A quiet period field may be configured with a value (a beacon interval unit of a primary link) related to the number of primary link beacon intervals at which a regular (periodic) quiet interval of a non-primary link, defined through a corresponding quiet element, starts (configured as 0 in a case of non-regular quiet interval). [0308]: An (extended) channel switch announcement element and a max channel switch time element for the non-primary link transmitted through the beacon frame of the primary link may be configured (indicated) by the NSTR AP MLD as follows. [0309]:1. A channel switch count field of a channel switch announcement element may be configured with information related to the number of remaining TBTTs of a primary link before channel switching of a non-primary link starts).
Regarding claim(s) 8, Kim discloses all features of claim(s) 6 as outlined above.
Kim discloses wherein the notification unit notifies the other communication apparatus of a change in the primary link using a Channel Switching Announcement frame ([0318]: the NSTR soft AP MLD performs channel switching for the AP (BSS) of the primary link. [0320]: channel switching is being performed in the primary link. [0269]: the AP may transmit a beacon frame, a probe response fame, an extended channel switch announcement frame, etc., and notify of the same so that associated STAs can switch to a new channel or operating class while maintaining the association. In this case, the AP transmits the extended channel switch announcement element through the beacon frame. Fig. 5: AP transmits beacon to STA. [0164]: a non-AP STA MLD having received the beacon frame may recognize that the AP MLD having transmitted the beacon frame is the NSTR AP MLD).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2024/0137979 A1) in view of Chitrakar et al. (US 2021/0360522 A1) and Hedayat et al. (US 2023/0043655 A1).
Regarding claim(s) 2, Kim discloses all features of claim(s) 1 as outlined above.
Kim discloses wherein the determination unit determines a link operating on a frequency channel ([0153]: AP MLD operates one link among the NSTR link pair as the primary link. [0335]: The NSTR AP MLD may determine, as a primary link, one of links of the NSTR link pair for operation of the APs by the NSTR AP MLD itself. Fig. 9, [0113]: the multiple stations included in the multi-link device may operate in multiple different links or on multiple different channels. For example, the multiple stations included in the multi-link device may operate on multiple different channels of 2.4 GHZ, 5 GHZ, and 6 GHZ).
Kim does not disclose, but Hedayat explicitly discloses wherein the determination unit determines a link operating on a frequency channel that does not require Automated Frequency Coordination (AFC) as the primary link ([0067]: after a 802.11ax/be based access point (AP) obtains authorization from an AFC, the AP announces the portion of the BW that is subject to a lower PSD. The AP may, and sometimes does, establish Primary 20 MHz (or Primary 40 MHz) channel of the BSS on the portion of the wider bandwidth that is not subject to a lower PSD).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the AP, as taught by Kim, to establish a primary 20 MHz (or primary 40 MHz) channel on a portion of a wider bandwidth that is not subject to a lower PSD authorized by the AFC on other portion of the BW, as taught by Rai.
Doing so is helpful for transmission efficiency of Control and Management frames that are mostly transmitted on the primary 20 MHz channel (Hedayat: [0067]).
Claim(s) 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2024/0137979 A1) in view of Chitrakar et al. (US 2021/0360522 A1) and Patil et al. (US 2019/0158413 A1).
Regarding claim(s) 3, Kim discloses all features of claim(s) 1 as outlined above.
Kim discloses wherein the determination unit determines a link corresponding to one frequency channel ([0153]: AP MLD operates one link among the NSTR link pair as the primary link. [0335]: The NSTR AP MLD may determine, as a primary link, one of links of the NSTR link pair for operation of the APs by the NSTR AP MLD itself. Fig. 9, [0113]: the multiple stations included in the multi-link device may operate in multiple different links or on multiple different channels. For example, the multiple stations included in the multi-link device may operate on multiple different channels of 2.4 GHZ, 5 GHZ, and 6 GHZ).
Kim does not disclose, but Patil discloses wherein the determination unit determines a link corresponding to one frequency channel whose bandwidth is relatively as wide 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).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the AP, as taught by Kim, to include a wideband radio to communicate on a primary link that may be bonded by a number of 20 MHz-wide channels, as taught by Patil.
Doing so covers a wide range of frequencies encompassed by the primary link and one or more secondary links (Patil: [0044]).
Regarding claim(s) 7, Kim discloses all features of claim(s) 6 as outlined above.
Kim does not disclose, but Patil discloses wherein the at least one memory and the at least one processor are configured to implement:
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).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the AP, as taught by Kim, to switch the primary link at a predetermined time and signal the change via one or more beacon frames, as taught by Patil.
Doing so improves the quality or throughput of ML communications dynamically (Patil: [0062]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2024/0137979 A1) in view of Chitrakar et al. (US 2021/0360522 A1) and Lee et al. (US 2023/0063981 A1).
Regarding claim(s) 4, Kim discloses all features of claim(s) 1 as outlined above.
Kim discloses wherein each of the plurality of frequency channels corresponding to the plurality of links is included in any one of a plurality of frequency bands (Fig. 9, [0113]: the multiple stations included in the multi-link device may operate in multiple different links or on multiple different channels. For example, the multiple stations included in the multi-link device may operate on multiple different channels of 2.4 GHZ, 5 GHZ, and 6 GHZ),
the determination unit determines a link corresponding to one frequency channel included in a frequency band ([0153]: AP MLD operates one link among the NSTR link pair as the primary link. [0335]: The NSTR AP MLD may determine, as a primary link, one of links of the NSTR link pair for operation of the APs by the NSTR AP MLD itself. Fig. 9, [0113]: the multiple stations included in the multi-link device may operate in multiple different links or on multiple different channels. For example, the multiple stations included in the multi-link device may operate on multiple different channels of 2.4 GHZ, 5 GHZ, and 6 GHZ).
Kim does not disclose, but Lee discloses a level of priority is assigned to each of the plurality of frequency bands ([0114]: the electronic devices 101 to 103 may be excellent in performance for scheduling (e.g., forming) of a data link in a priority order of 6 GHz>5 GHz>2.4 GHz. [0005]: an electronic device may be an access point), and
the determination unit determines a link corresponding to one frequency channel included in a frequency band having a relatively high level of priority as a link ([0114]: the electronic devices 101 to 103 may be excellent in performance for scheduling (e.g., forming) of a data link in a priority order of 6 GHz>5 GHz>2.4 GHz … the electronic device 101 may set a schedule for a first data link 610 that uses a first frequency band (e.g., 2.4 GHz, 5 GHz, or 6 GHz). [0005]: an electronic device may be an access point).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the AP, as taught by Kim, 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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2024/0137979 A1) in view of Chitrakar et al. (US 2021/0360522 A1) and Gossain et al. (US 2010/0278118 A1).
Regarding claim(s) 5, Kim discloses all features of claim(s) 1 as outlined above.
Kim discloses wherein the determination unit determines a link([0153]: AP MLD operates one link among the NSTR link pair as the primary link. [0335]: The NSTR AP MLD may determine, as a primary link, one of links of the NSTR link pair for operation of the APs by the NSTR AP MLD itself. Fig. 9, [0113]: the multiple stations included in the multi-link device may operate in multiple different links or on multiple different channels).
Kim does not disclose, but Gossain discloses wherein the determination unit determines a link, in which the number of times a Beacon is detected is relatively small among the plurality of wireless links, as a link ([0056]: in Step 455, the MPR selects the channel with the least number of beacons heard as its channel of operation. [0023]: MPR may be an access point).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the AP, as taught by Kim, select the channel with the least number of beacons heard as its channel of operation, taught by Gossain.
Doing so provides a channel selection during a scanning phase of the MPR where the channel with the least number of beacons heard is selected (Gossain: [0056]) which is the best communication link having a best link metric (Gossain: abstract).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov
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