DETAILED ACTION
This office action is responsive to communications filed on June 23, 2026. Claims 1, 10, and 17 have been amended. Claims 1-26 are pending in the application.
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 .
Information Disclosure Statement
The Information Disclosure Statement filed on 7/24/2026 has been considered.
Claim Rejections - 35 USC § 103
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.
Claims 1-7, 9, 11-14, 17, 18, and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Calvert et al. (US 2016/0277206) in view of Maaref (US 2016/0295488).
Regarding Claim 1, Calvert teaches a device (Gateway 104 – See Fig. 2) comprising:
a receiver circuitry (Transceiver device 220 – See Fig. 2); and
processing circuitry coupled to the receiver circuitry (Processor 202 – See Fig. 2), the processing circuitry configured to:
transition, at a first time, from monitoring a first channel via the receiver circuitry to monitoring a second channel via the receiver circuitry, wherein the first channel is associated with a first communication protocol and the second channel is associated with a second communication protocol (“The data network can be considered a primary network and the TSCH protocol can be considered a primary protocol. The HAN can be considered a secondary network. Devices within the HAN can communicate using a secondary protocol, which can include any carrier sense multiple access protocol” – See [0004]; “The gateway device is configured to receive interleaved communications of the data network and the HAN by switching receive periods between the data network and the HAN” – See [0005]; The device transitions/switches between monitoring a first channel associated with a first communication protocol (e.g., HAN) and monitoring a second channel associated with a second communication protocol (e.g., data network)); and
transition, at a second time, from monitoring the second channel via the receiver circuitry to monitoring the first channel via the receiver circuitry responsive to not detecting communication on the second channel (“During an RX wait period of a TSCH timeslot, the gateway device listens for communication from the data network and determines if it received, from the data network a portion of a message that requires processing by the gateway device” – See [0005]; “Typically, the duration of the RX wait time 504 is dependent on an expected transmit time duration. The transmit time duration is defined by the IEEE 802.15.4-e TSCH specification” – See [0039]; “in response to not receiving any messages from the data network 106, the processor 202 in the gateway device 104a may switch from listening for communications on a first MAC protocol to listening for communication from a second MAC protocol” – See [0044]; The device transitions from monitoring the second channel (e.g., data network) to monitoring the first channel (e.g., HAN) in response to not receiving/detecting a message of the second protocol on the second channel, wherein the amount of time between the first time and the second time is based on the RX wait time (detection time for the second communication protocol)).
Calvert does not explicitly teach that the amount of time between the first time and the second time is selected based on a probability of detecting communication according to the second communication protocol that is greater than a threshold probability.
However, Maaref teaches that the amount of time between the first time and the second time is selected based on a probability of detecting communication according to the second communication protocol that is greater than a threshold probability (“If the collision probability is above the threshold value the SBS cannot utilize the determined fraction of SBS air time S. The SBS air time share S on the unlicensed band must be reduced. In order to achieve this, the process advances to processing block 220. Here, the SBS decreases the fraction of SBS air time S on the unlicensed band” – See [0052]; The air time for a first protocol is selected, wherein the air time for the first protocol indicates an amount of time between when the monitoring for the first protocol begins (i.e., a first time) and when the monitoring for the first protocol ends (i.e., a second time). The air time is selected based on a collision probability (probability of detecting communication) with respect to a second protocol being greater than a threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Calvert such that the amount of time between the first time and the second time is selected based on a probability of detecting communication according to the second communication protocol that is greater than a threshold probability. Motivation for doing so would be to ensure quality of service for the first communication protocol while minimizing collision probability with the second communication protocol (See Maaref, Abstract).
Regarding Claim 2, Calvert in view of Maaref teaches the device of Claim 1. Calvert further teaches that the first channel and the second channel are within a same frequency band (“the secondary network protocol, and correspondingly the HAN 100, can operate using the same or different frequencies than the data network 106” – See [0045]; The HAN (first channel) and data network (second channel) use the same frequency).
Regarding Claim 3, Calvert in view of Maaref teaches the device of Claim 1. Calvert further teaches that the amount of time includes a transition time and a detection time (“The second RF settle period 706 can provide better accuracy in message detection by providing a buffer between the RX wait period 704 and receive period 708” – See [0041]; The amount of time includes a settle time (transition time) and RX wait time (detection time)).
Regarding Claim 4, Calvert in view of Maaref teaches the device of Claim 3. Calvert further teaches that responsive to detecting communication on the second channel during the detection time, the processing circuitry is configured to receive a first packet associated with the second communication protocol and including the communication (“If the node receives a message prior to the expiration of the RX wait time 504, then the node can proceed to receive the rest of the message and process the received message” – See [0039]; If the device receives/detects a message on the second channel during the RX wait (detection time), the device receives the message (first packet) associated with the second channel/second protocol).
Regarding Claim 5, Calvert in view of Maaref teaches the device of Claim 4. Calvert further teaches that the processing circuitry is configured to receive the first packet via a third channel via the receiver circuitry, wherein the third channel is associated with the second communication protocol (“A hopping pattern defines a channel frequency or channel for each timeslot in the hopping pattern. For example, the hopping pattern 440a may be channel 4, channel 6, channel 3, channel 5, channel 7, i.e., it may associate channel 4 with timeslot 1, channel 6 with timeslot 2, channel 3 with timeslot 3, channel 5 with timeslot 4, and channel 7 with timeslot 5” – See [0038]; The second communication protocol (e.g., the TSCH/data network protocol) uses channel hopping such that the message/first packet is received via a third channel).
Regarding Claim 6, Calvert in view of Maaref teaches the device of Claim 4. Calvert further teaches that detecting communication on the second channel comprises detecting a preamble of a second packet associated with the second communication protocol during the detection time (“the processor 202 can determine whether a message from the data network 106 that requires processing by the gateway device 104a was received by analyzing the packet header information carried by wireless signals received at the antenna 208. For example, the processor 202 can analyze header information in the UDP layer 340 to determine if received signals are broadcast from the data network 106 or addressed to the gateway device 104a” – See [0044]; The device analyzes a header/preamble of a received message to detect whether a second packet is received during the detection time).
Regarding Claim 7, Calvert in view of Maaref teaches the device of Claim 6. Calvert further teaches that after detecting the preamble of the second packet and responsive to receiving the second packet, the processing circuitry is configured to transition to monitoring the first channel via the receiver circuitry (“FIG. 9 further illustrates that the gateway device 104a receives a primary message 1020 at the first RX wait period 1003 during the first timeslot 1002 (e.g., a message from the data network 106). The gateway device 104a completes receipt of the primary message 1020 near the end of the first timeslot 1002. During the second RX wait period 1005 (at the start of the second timeslot 1004), the gateway device 104a does not receive any message from the data network 106. Thus, as described above, the gateway device 104a switches to listen for messages from the secondary network (e.g., the HAN 100)” – See [0054]; After receiving the second packet from the data network/second channel, the device transitions to monitoring the HAN/first channel in slot 1004).
Regarding Claim 9, Calvert in view of Maaref teaches the device of Claim 1. Calvert further teaches that responsive to detecting energy associated with the second channel and while the receiver circuitry is programmed with physical layer (PHY) configuration data corresponding to the first communication protocol, the processing circuitry is configured to transition, at a third time, from monitoring the second channel to monitoring a third channel via the receiver circuitry, wherein the third channel is associated with the second communication protocol (“A hopping pattern defines the channel used to communicate during each timeslot. FIG. 4 is a diagram illustrating timeslots and channel hopping pattern for the TSCH protocol. FIG. 4 illustrates timeslots 411-415, 421-425, and 431-436, each with the same timeslot duration 430. Each slot frame 410 and 420 includes seven timeslots. FIG. 4 also illustrates the hopping pattern 440 (shown as hopping patterns 440a-c). A hopping pattern defines a channel frequency or channel for each timeslot in the hopping pattern. For example, the hopping pattern 440a may be channel 4, channel 6, channel 3, channel 5, channel 7, i.e., it may associate channel 4 with timeslot 1, channel 6 with timeslot 2, channel 3 with timeslot 3, channel 5 with timeslot 4, and channel 7 with timeslot 5” – See [0038]; After detecting energy/messages associated with channel 4 (e.g., a second channel associated with the data network/second protocol), the processing circuitry transitions to monitoring a third channel (e.g., channel 6) associated with the data network/second protocol in slot 412).
Regarding Claim 11, Calvert in view of Maaref teaches the device of Claim 9. Calvert further teaches that the receiver circuitry is configured to receive, on the third channel, a first packet associated with a second packet corresponding to the energy detected on the second channel (“Each slot frame 410 and 420 includes seven timeslots. FIG. 4 also illustrates the hopping pattern 440 (shown as hopping patterns 440a-c). A hopping pattern defines a channel frequency or channel for each timeslot in the hopping pattern. For example, the hopping pattern 440a may be channel 4, channel 6, channel 3, channel 5, channel 7, i.e., it may associate channel 4 with timeslot 1, channel 6 with timeslot 2, channel 3 with timeslot 3, channel 5 with timeslot 4, and channel 7 with timeslot 5” – See [0038]; “The gateway device 104a receives message 1022b during the second portion of the timeslot 1008. The message 1022b is received for a remaining duration of the timeslot 1008, through the timeslot 1010, and through a portion of the timeslot 1012 … the secondary message 1022b may be a repeat communication of secondary message 1022a from the secondary network” – See [0054]; The second packet (e.g., message 1022a) is sent on a second channel, wherein the second channel is the particular channel used in the slot in which the second packet was transmitted, according to the hopping pattern. The device receives, on a third channel (e.g., a different channel in a subsequent slot), a first packet (e.g., message 1022b), wherein the first packet is associated with the second packet since it is a repetition of the second packet).
Regarding Claim 12, Calvert in view of Maaref teaches the device of Claim 11. Calvert further teaches that the first packet is a replica of the second packet (“the secondary message 1022b may be a repeat communication of secondary message 1022a from the secondary network” – See [0054]; Message 1022b is a repeat transmission (replica) of message 1022a).
Regarding Claim 13, Calvert in view of Maaref teaches the device of Claim 11. Calvert further teaches that after receiving the first packet and responsive to receiving a data packet via the second communication protocol, the processing circuitry is configured to transition to monitoring the first channel (“For example, once the secondary message 920 is completely received by the gateway device 104a, or once receipt of the secondary message 1022a is interrupted due to the start of guaranteed timeslot 1006, the gateway device 104a can return to listening for communications from the data network 106 during the next RX wait period” – See [0059]; “in response to not receiving any messages from the data network 106, the processor 202 in the gateway device 104a may switch from listening for communications on a first MAC protocol to listening for communication from a second MAC protocol” – See [0044]; After receiving the first packet, the device returns to monitoring/listening to the channels during the next RX wait time).
Regarding Claim 14, Calvert in view of Maaref teaches the device of Claim 9. Calvert further teaches that the processing circuitry is configured to detect energy associated with the second channel, via the receiver circuitry, without reprogramming the receiver circuitry with PHY configuration data corresponding to the second communication protocol (“FIG. 3 depicts an example protocol stack 300 for a single radio transceiver device 220 that can implement two different MAC protocols. The protocol stack 300 includes, at the bottom layer, the physical interface (PHY) 310. The PHY 310 can define the specifications of the physical transmission medium, such as the transceiver device 220. The next layer of the protocol stack 300 for the gateway device 104a includes at least two MAC layers 320a, 320b. MAC layer 320a, for example, defines the addressing and channel access protocols for a TSCH network, allowing the transceiver device 220 to communicate with the data network 106. Similarly, MAC layer 320b can define the addressing and channel access protocols for a CSMA network, allowing the transceiver device 220 to communicate with the HAN 100” – See [0036]; The device detects messages/energy associated with the various channels without reconfiguring the physical interface circuitry in the transceiver).
Regarding Claim 17, Calvert teaches a method comprising:
listening, via receiver circuitry, to a first portion of a frequency band for a first amount of time for communication via a first communication protocol and listening, via the receiver circuitry, to a second portion of the frequency band for a second amount of time (“During an RX wait period of a TSCH timeslot, the gateway device listens for communication from the data network and determines if it received, from the data network a portion of a message that requires processing by the gateway device” – See [0005]; “in response to not receiving any messages from the data network 106, the processor 202 in the gateway device 104a may switch from listening for communications on a first MAC protocol to listening for communication from a second MAC protocol” – See [0044]; “the gateway device 104a may begin to listen for a communication from a node in the secondary network (e.g., the HAN 100) using the same channel or may move to a different channel” – See [0040]; The device listens to a first frequency band/channel for a first amount of time for a first communication via a first communication protocol (e.g., HAN) and listens to a second frequency band/channel for a second amount of time for a second communication via a second communication protocol (e.g., data network)),
wherein the second communication protocol is different from the first communication protocol (As shown above, the HAN and data network protocols are different communication protocols); and
responsive to not detecting communication on the second portion of the frequency band within the second amount of time, listening, via the receiver circuitry, to the first portion of the frequency band for the first amount of time (“in response to not receiving any messages from the data network 106, the processor 202 in the gateway device 104a may switch from listening for communications on a first MAC protocol to listening for communication from a second MAC protocol” – See [0044]; In response to not receiving/detecting communication of the second communication protocol (e.g., data network) on the second portion of the frequency band, the device listens for communication of the first communication protocol (e.g., HAN) on the first portion of the frequency band).
Calvert does not explicitly teach that the second amount of time has a duration that is selected based on a probability of detecting communication according to a second communication protocol that is greater than a threshold probability.
However, Maaref teaches that the second amount of time has a duration that is selected based on a probability of detecting communication according to a second communication protocol that is greater than a threshold probability (“If the collision probability is above the threshold value the SBS cannot utilize the determined fraction of SBS air time S. The SBS air time share S on the unlicensed band must be reduced. In order to achieve this, the process advances to processing block 220. Here, the SBS decreases the fraction of SBS air time S on the unlicensed band” – See [0052]; The air time for a second protocol is selected, wherein the air time for the second protocol indicates an amount of time that the receiver listens for the second protocol. The air time is selected based on a collision probability (probability of detecting communication) with respect to a second protocol being greater than a threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Calvert such that the second amount of time has a duration that is selected based on a probability of detecting communication according to a second communication protocol that is greater than a threshold probability. Motivation for doing so would be to ensure quality of service for the first communication protocol while minimizing collision probability with the second communication protocol (See Maaref, Abstract).
Regarding Claim 18, Calvert in view of Maaref teaches the method of Claim 17. Calvert further teaches that the second communication protocol includes redundant transmissions over a series of portions of the frequency band, the method further comprising: detecting energy on the second portion of the frequency band; and responsive to detecting energy on the second portion of the frequency band, listening, via the receiver circuitry, to a third portion of the frequency band, wherein the third portion is associated with the second communication protocol (“Each slot frame 410 and 420 includes seven timeslots. FIG. 4 also illustrates the hopping pattern 440 (shown as hopping patterns 440a-c). A hopping pattern defines a channel frequency or channel for each timeslot in the hopping pattern. For example, the hopping pattern 440a may be channel 4, channel 6, channel 3, channel 5, channel 7, i.e., it may associate channel 4 with timeslot 1, channel 6 with timeslot 2, channel 3 with timeslot 3, channel 5 with timeslot 4, and channel 7 with timeslot 5” – See [0038]; “The gateway device 104a receives message 1022b during the second portion of the timeslot 1008. The message 1022b is received for a remaining duration of the timeslot 1008, through the timeslot 1010, and through a portion of the timeslot 1012 … the secondary message 1022b may be a repeat communication of secondary message 1022a from the secondary network” – See [0054]; The second protocol includes repeat/redundant transmissions, wherein the repeat transmission is transmitted in a different slot using a different channel/frequency band. After detecting message 1022a on one channel (second portion of the frequency band), the device listens on a different channel (third portion of the frequency band) in a subsequent slot, for the repeat transmission).
Regarding Claim 21, Calvert in view of Maaref teaches the method of Claim 18. Calvert further teaches receiving, via the receiver circuitry, a first packet associated with the second communication protocol; and after receiving the first packet, listening, via the receiver circuitry, to the first portion for the first amount of time (“For example, once the secondary message 920 is completely received by the gateway device 104a, or once receipt of the secondary message 1022a is interrupted due to the start of guaranteed timeslot 1006, the gateway device 104a can return to listening for communications from the data network 106 during the next RX wait period” – See [0059]; “in response to not receiving any messages from the data network 106, the processor 202 in the gateway device 104a may switch from listening for communications on a first MAC protocol to listening for communication from a second MAC protocol” – See [0044]; After receiving the first packet, the device returns to monitoring/listening to the channels during the next RX wait time).
Regarding Claim 22, Calvert in view of Maaref teaches the method of Claim 17. Calvert further teaches responsive to detecting communication on the second portion of the frequency band within the second amount of time, listening, via the receiver circuitry, to a third channel associated with the second communication protocol (“A hopping pattern defines the channel used to communicate during each timeslot. FIG. 4 is a diagram illustrating timeslots and channel hopping pattern for the TSCH protocol. FIG. 4 illustrates timeslots 411-415, 421-425, and 431-436, each with the same timeslot duration 430. Each slot frame 410 and 420 includes seven timeslots. FIG. 4 also illustrates the hopping pattern 440 (shown as hopping patterns 440a-c). A hopping pattern defines a channel frequency or channel for each timeslot in the hopping pattern. For example, the hopping pattern 440a may be channel 4, channel 6, channel 3, channel 5, channel 7, i.e., it may associate channel 4 with timeslot 1, channel 6 with timeslot 2, channel 3 with timeslot 3, channel 5 with timeslot 4, and channel 7 with timeslot 5” – See [0038]; After detecting messages associated with a second channel/second frequency band, the device monitors/listens to a third channel associated with the second protocol in a different slot).
Regarding Claim 23, Calvert in view of Maaref teaches the method of Claim 22. Calvert further teaches responsive to receiving a first packet associated with the second communication protocol, listening, via the receiver circuitry, to the first portion for the first amount of time (“For example, once the secondary message 920 is completely received by the gateway device 104a, or once receipt of the secondary message 1022a is interrupted due to the start of guaranteed timeslot 1006, the gateway device 104a can return to listening for communications from the data network 106 during the next RX wait period” – See [0059]; “in response to not receiving any messages from the data network 106, the processor 202 in the gateway device 104a may switch from listening for communications on a first MAC protocol to listening for communication from a second MAC protocol” – See [0044]; After receiving the first packet, the device returns to monitoring/listening to the channels during the next RX wait time).
Regarding Claim 24, Calvert in view of Maaref teaches the method of Claim 22. Calvert further teaches detecting communication on the second portion of the frequency band comprises detecting a preamble according to the second communication protocol (“the processor 202 can determine whether a message from the data network 106 that requires processing by the gateway device 104a was received by analyzing the packet header information carried by wireless signals received at the antenna 208. For example, the processor 202 can analyze header information in the UDP layer 340 to determine if received signals are broadcast from the data network 106 or addressed to the gateway device 104a” – See [0044]; The device analyzes a header/preamble of a received message to detect whether a message of the second communication protocol is received).
Regarding Claim 25, Calvert in view of Maaref teaches the method of Claim 17. Calvert further teaches periodically alternating between listening to the first portion for the first amount of time and listening to the second portion of the frequency band for the second amount of time (As shown above with respect to claim 17, the device periodically listens to the first and second portions of the frequency band associated with the first and second protocols in each of the RX wait periods).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Calvert et al. (US 2016/0277206) in view of Maaref (US 2016/0295488) and further in view of Bi (US 2018/0091929).
Regarding Claim 8, Calvert in view of Maaref teaches the device of Claim 1. Calvert and Maaref do not teach that the processing circuitry is configured to: monitor the first channel for an average of eighty percent of a unit period of time; and monitor the second channel for an average of twenty percent of the unit period of time.
However, Bi teaches that the processing circuitry is configured to: monitor the first channel for an average of eighty percent of a unit period of time; and monitor the second channel for an average of twenty percent of the unit period of time (“The slot allocation mask 160 allocates 20% of the airtime to Bluetooth communications and 80% of the airtime to WiFi communications, in this example” – See [0028]; A first channel is monitored 80% of time and a second channel is monitored 20% of time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Calvert to monitor the first channel for an average of eighty percent of a unit period of time; and monitor the second channel for an average of twenty percent of the unit period of time. Motivation for doing so would be to assign ideal proportions of time to each of the channels/protocols depending on the priority of the channels/protocols. Accordingly, conflicts are minimized and utilization of airtime is maximized (See Bi, [0017] and [0055]).
Claims 10, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Calvert et al. (US 2016/0277206) in view of Maaref (US 2016/0295488) and further in view of Motozuka et al. (US 2019/0052327).
Regarding Claim 10, Calvert in view of Maaref teaches the device of Claim 9. Calvert and Maaref do not explicitly teach that to transition from monitoring the second channel to monitoring the third channel the processing circuitry is configured to program the receiver circuitry with PHY configuration data corresponding to the second communication protocol and retune a center frequency of the receiver circuitry to a center frequency corresponding to the third channel.
However, Motozuka teaches that to transition from monitoring the second channel to monitoring the third channel the processing circuitry is configured to program the receiver circuitry with PHY configuration data corresponding to the second communication protocol and retune a center frequency of the receiver circuitry to a center frequency corresponding to the third channel (“The PHY transmission circuit 102 controls the RF transmission circuit 104. Specifically, the PHY transmission circuit 102 performs, for the RF transmission circuit 104, setting of a center frequency corresponding to a designated channel, control of transmission power, and control of directivity” – See [0140]; The PHY configuration is programmed to be set/tuned to the center frequency of a designated channel (e.g., third channel)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Calvert to program the receiver circuitry with PHY configuration data corresponding to the second communication protocol and retune a center frequency of the receiver circuitry to a center frequency corresponding to the third channel. Motivation for doing so would be to control the receiver circuitry with appropriate settings for receiving signals on the designated channel (See Motozuka, [0140]).
Regarding Claim 15, Calvert in view of Maaref teaches the device of Claim 1. Calvert and Maaref do not explicitly teach that to transition from the monitoring the first channel to monitoring the second channel, the processing circuitry is configured to control the receiver circuitry to tune a receiving frequency from a first frequency associated with the first channel to a second frequency associated with the second channel and to program the receiver circuitry with physical layer (PHY) configuration data corresponding to the second communication protocol.
However, Motozuka teaches that to transition from the monitoring the first channel to monitoring the second channel, the processing circuitry is configured to control the receiver circuitry to tune a receiving frequency from a first frequency associated with the first channel to a second frequency associated with the second channel and to program the receiver circuitry with physical layer (PHY) configuration data corresponding to the second communication protocol (“The PHY transmission circuit 102 controls the RF transmission circuit 104. Specifically, the PHY transmission circuit 102 performs, for the RF transmission circuit 104, setting of a center frequency corresponding to a designated channel, control of transmission power, and control of directivity” – See [0140]; The PHY configuration is programmed to be set/tuned to the center frequency of a designated channel (e.g., second channel) and various other physical parameters corresponding to the communication protocol).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Calvert to control the receiver circuitry to tune a receiving frequency from a first frequency associated with the first channel to a second frequency associated with the second channel and to program the receiver circuitry with physical layer (PHY) configuration data corresponding to the second communication protocol for the same reasons as those given with respect to Claim 10.
Regarding Claim 16, Calvert in view of Maaref and Motozuka teaches the device of Claim 15. Motozuka further teaches that to transition from the monitoring the second channel to monitoring the first channel, the processing circuitry is configured to control the receiver circuitry to tune the receiving frequency from the second frequency to the first frequency and to program the receiver circuitry with PHY configuration data corresponding to the first communication protocol (“The PHY transmission circuit 102 controls the RF transmission circuit 104. Specifically, the PHY transmission circuit 102 performs, for the RF transmission circuit 104, setting of a center frequency corresponding to a designated channel, control of transmission power, and control of directivity” – See [0140]; “The PHY transmission circuit 102 controls the RF transmission circuit 104. Specifically, the PHY transmission circuit 102 performs, for the RF transmission circuit 104, setting of a center frequency corresponding to a designated channel, control of transmission power, and control of directivity” – See [0140]; The PHY configuration is programmed to be set/tuned to the center frequency of a designated channel (e.g., a first channel of the first protocol)).
Claims 19, 20, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Calvert et al. (US 2016/0277206) in view of Maaref (US 2016/0295488) and further in view of Narula et al. (US 2023/0087730).
Regarding Claim 19, Calvert in view of Maaref teaches the method of Claim 18. Calvert and Maaref do not explicitly teach that the second communication protocol is a Bluetooth® Low Energy (BLE) protocol, and wherein the series of portions comprises channels 37, 38, and 39, according to the BLE protocol.
However, Narula teaches that the second communication protocol is a Bluetooth® Low Energy (BLE) protocol, and wherein the series of portions comprises channels 37, 38, and 39, according to the BLE protocol (“In particular, the Low Energy variant of Bluetooth (BLE) uses Bluetooth channels ‘37,’ ‘38,’ and ‘39’ to advertise the presence of a BLE device to other BLE-enabled devices that may be in its proximity” – See [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Calvert such that the second communication protocol is a Bluetooth® Low Energy (BLE) protocol, and wherein the series of portions comprises channels 37, 38, and 39, according to the BLE protocol in order to provide lower power consumption in applications that periodically exchange small amounts of data, wherein channels 37, 38, and 39 are reserved exclusively for advertisement channels according to the standard (See Narula, [0050] and [0052]).
Regarding Claim 20, Calvert in view of Maaref and Narula teaches the method of Claim 19. Narula further teaches that the first portion of the frequency band corresponds to channel 37 according to the BLE protocol, and wherein the third portion is channel 39 according to the BLE protocol (“In particular, the Low Energy variant of Bluetooth (BLE) uses Bluetooth channels ‘37,’ ‘38,’ and ‘39’ to advertise the presence of a BLE device to other BLE-enabled devices that may be in its proximity” – See [0018]; The first portion of the frequency band for advertising is BLE channel 37, and the third portion of the frequency band for advertising is BLE channel 39).
Regarding Claim 26, Calvert in view of Maaref teaches the method of Claim 17. Calvert further teaches that the first communication protocol is an Institute of Electrical and Electronics Engineers (IEEE) 802.15.4 based communication protocol (“HAN 100 configured to use a CSMA protocol (e.g., ZigBee IEEE 802.15.4)” – See [0035]).
Calvert and Maaref do not explicitly teach that the second communication protocol is a Bluetooth® Low Energy (BLE) protocol.
However, Narula teaches that the second communication protocol is a Bluetooth® Low Energy (BLE) protocol (“In particular, the Low Energy variant of Bluetooth (BLE) uses Bluetooth channels ‘37,’ ‘38,’ and ‘39’ to advertise the presence of a BLE device to other BLE-enabled devices that may be in its proximity” – See [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Calvert such that the second communication protocol is a Bluetooth® Low Energy (BLE) protocol for the same reasons as those given with respect to Claim 19.
Response to Arguments
On pages 7-8 of the remarks, Applicant argues in substance that Calvert does not teach “an amount of time between the first time and the second time is selected based on a probability of detecting communication according to the second communication protocol that is greater than a threshold probability,” as recited in independent claim 1. On page 9 of the remarks, Applicant argues in substance that Calvert does not teach “wherein the second amount of time has a duration that is selected based on a probability of detecting communication according to a second communication protocol that is greater than a threshold probability,” as recited in independent claim 17. Applicant’s arguments have been considered but are moot based on the new grounds of rejection. In response to the amended limitations, the Examiner relies upon the newly-cited Maaref reference.
On page 8 of the remarks, Applicant argues “The cited portions of Calvert describe a hopping pattern for timeslots of a TSCH protocol band and a protocol stack 300 including a PHY 310 and "at least two MAC layers 320 a, 320 b." Calvert, [0036], [0038]. However, Calvert does not disclose detecting energy using either PHY 310 or MACs 320a, 320b, let alone, detecting energy by PHY310 or MAC 320a, 320b while PHY 310 is programed with physical layer configuration data corresponding to a first communication protocol.” Applicant’s arguments have been fully considered but they are not persuasive.
With respect to the limitations “the receiver circuitry is programmed with physical layer (PHY) configuration data corresponding to the first communication protocol” and “the receiver circuitry is programmed with PHY configuration data corresponding to the second communication protocol” from dependent claims 9 and 14, the Examiner interprets the “PHY configuration data” as any parameters which affect the function of the receiver at the physical level. With respect to the hopping pattern disclosed by Calvert, a pattern of frequencies on which the device listens/monitors is disclosed. The hopping pattern is a physical level configuration because it configures a specific frequency on which the receiver listens/monitors in a given time period for the HAN/first protocol. Thus, Calvert teaches “the receiver circuitry is programmed with physical layer (PHY) configuration data corresponding to the first communication protocol,” as recited in claim 9. Furthermore, Calvert discloses that the hopping pattern is shared between the HAN/first protocol and the data network/second protocol (“FIG. 4 is a diagram illustrating timeslots and channel hopping pattern for the TSCH protocol” – See [0038]; “Communication with both the HAN network and the data network can occur by switching receive periods in a sequence of TSCH timeslots, listening for communication from the HAN during unused portions of TSCH timeslots” – See [0020]). When the device listens/detects energy associated with the second protocol, it does so without changing the hopping pattern. Thus, Calver teaches “detect energy associated with the second channel, via the receiver circuitry, without reprogramming the receiver circuitry with PHY configuration data corresponding to the second communication protocol,” as recited in claim 14.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/SCOTT M SCIACCA/ Primary Examiner, Art Unit 2478
