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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoury et al. (US20210282063) in view of CHENNICHETTY et al. (US20210120454 herein after Chen).
Regarding claim 1, Khoury teaches An access point, comprising: an interface circuit configured to wirelessly communicate with an electronic device, wherein the interface circuit is configured to ([0008] “An access point that provides a transition recommendation is described. This access point includes an interface circuit that wirelessly communicates with an electronic device … Next, the access point may provide the transition recommendation addressed to the electronic device”):
associate with the electronic device in a band of frequencies ([0037] “During operation, the access point may associate with an electronic device”), [0039] “Thus, the wireless communication may occur in, e.g., a 2.4 GHz, a 5 GHz, a 6 GHz and/or a 60 GHz frequency band. (Note that IEEE 802.11ad communication over a 60 GHz frequency band is sometimes referred to as ‘WiGig.’ In the present discussion, these embodiments are also encompassed by ‘Wi-Fi.’) However, a wide variety of frequency bands may be used”);
access or obtain information associated with ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”, (Examiner’s Note: Wi-FI 6 and Wi-FI 5 operate on specific frequency bands);
and based at least in part on the information, provide a transition recommendation addressed to the electronic device ([0008] “Next, the access point may provide the transition recommendation addressed to the electronic device based at least in part on the difference in the first capability and the second capability, where the transition recommendation recommends that the electronic device transition from the first WLAN to a second WLAN that has the second capability”),
wherein the transition recommendation recommends that the electronic device transition from the band of frequencies to a second band of frequencies, which is different from the band of frequencies ([0008] “Next, the access point may provide the transition recommendation addressed to the electronic device based at least in part on the difference in the first capability and the second capability, where the transition recommendation recommends that the electronic device transition from the first WLAN to a second WLAN that has the second capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”).
Khoury does not specifically teach or that indicates historical band-of-frequency usage by the electronic device.
Chen teaches or that indicates historical band-of-frequency usage by the electronic device ([0111] “The memory 330 may include a STA profile data store 331 that may store profile information for a plurality of STAs … bandwidth history, and other suitable information about (or pertaining to) the operation of the plurality of STAs”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Khoury to incorporate the teachings of Chen. One of ordinary skill in the art would have been motivated to increase optimization of the system by allowing the system to provide optimal allocation.
Regarding claim 12, Khoury teaches A non-transitory computer-readable storage medium for use in conjunction with an access point ([0041] “the one or more access points 112, the one or more electronic devices 114 and/or the one or more optional controllers 116 may include subsystems, such as a networking subsystem, a memory subsystem and a processor subsystem”),
the computer-readable storage medium storing program instructions, wherein, when executed by the access point, the program instructions cause the access point to perform operations comprising ([0118] “Memory subsystem 1612 includes one or more devices for storing data and/or instructions for processing sub system 1610 and networking sub system 1614. For example, memory subsystem 1612 can include dynamic random access memory (DRAM), static random access memory (SRAM), and/or other types of memory (which collectively or individually are sometimes referred to as a ‘computer-readable storage medium’). In some embodiments, instructions for processing subsystem 1610 in memory subsystem 1612 include: one or more program modules or sets of instructions (such as program instructions 1622 or operating system 1624), which may be executed by processing subsystem 1610”):
associating with an electronic device in a band of frequencies ([0037] “During operation, the access point may associate with an electronic device”), [0039] “Thus, the wireless communication may occur in, e.g., a 2.4 GHz, a 5 GHz, a 6 GHz and/or a 60 GHz frequency band. (Note that IEEE 802.11ad communication over a 60 GHz frequency band is sometimes referred to as ‘WiGig.’ In the present discussion, these embodiments are also encompassed by ‘Wi-Fi.’) However, a wide variety of frequency bands may be used”);
accessing or obtaining information associated with ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”, (Examiner’s Note: Wi-FI 6 and Wi-FI 5 operate on specific frequency bands);
and based at least in part on the information, provide a transition recommendation addressed to the electronic device ([0008] “Next, the access point may provide the transition recommendation addressed to the electronic device based at least in part on the difference in the first capability and the second capability, where the transition recommendation recommends that the electronic device transition from the first WLAN to a second WLAN that has the second capability”),
wherein the transition recommendation recommends that the electronic device transition from the band of frequencies to a second band of frequencies, which is different from the band of frequencies ([0008] “Next, the access point may provide the transition recommendation addressed to the electronic device based at least in part on the difference in the first capability and the second capability, where the transition recommendation recommends that the electronic device transition from the first WLAN to a second WLAN that has the second capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”).
Khoury does not specifically teach or that indicates historical band-of-frequency usage by the electronic device.
Chen teaches or that indicates historical band-of-frequency usage by the electronic device ([0111] “The memory 330 may include a STA profile data store 331 that may store profile information for a plurality of STAs … bandwidth history, and other suitable information about (or pertaining to) the operation of the plurality of STAs”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Khoury to incorporate the teachings of Chen. One of ordinary skill in the art would have been motivated to increase optimization of the system by allowing the system to provide optimal allocation.
Regarding claim 16, Khoury teaches A method for providing a transition recommendation, comprising: by an access point: associating with an electronic device in a band of frequencies ([0037] “During operation, the access point may associate with an electronic device”), [0039] “Thus, the wireless communication may occur in, e.g., a 2.4 GHz, a 5 GHz, a 6 GHz and/or a 60 GHz frequency band. (Note that IEEE 802.11ad communication over a 60 GHz frequency band is sometimes referred to as ‘WiGig.’ In the present discussion, these embodiments are also encompassed by ‘Wi-Fi.’) However, a wide variety of frequency bands may be used”);
accessing or obtaining information associated with ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”, (Examiner’s Note: Wi-FI 6 and Wi-FI 5 operate on specific frequency bands);
and based at least in part on the information, provide the transition recommendation addressed to the electronic device ([0008] “Next, the access point may provide the transition recommendation addressed to the electronic device based at least in part on the difference in the first capability and the second capability, where the transition recommendation recommends that the electronic device transition from the first WLAN to a second WLAN that has the second capability”),
wherein the transition recommendation recommends that the electronic device transition from the band of frequencies to a second band of frequencies, which is different from the band of frequencies ([0008] “Next, the access point may provide the transition recommendation addressed to the electronic device based at least in part on the difference in the first capability and the second capability, where the transition recommendation recommends that the electronic device transition from the first WLAN to a second WLAN that has the second capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”).
Khoury does not specifically teach or that indicates historical band-of-frequency usage by the electronic device.
Chen teaches or that indicates historical band-of-frequency usage by the electronic device ([0111] “The memory 330 may include a STA profile data store 331 that may store profile information for a plurality of STAs … bandwidth history, and other suitable information about (or pertaining to) the operation of the plurality of STAs”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Khoury to incorporate the teachings of Chen. One of ordinary skill in the art would have been motivated to increase optimization of the system by allowing the system to provide optimal allocation.
Regarding claim 2, Khoury teaches wherein the accessing or obtaining of the information is based at least in part on: a media access control (MAC) address of the electronic device ([0080] “ In some embodiments, a legacy beacon (such as beacon 700) may be identified relative to a multi-BSS beacon (such as multi-BSS beacon 600 in FIG. 6) by the inclusion of a MAC address in the beacon”); an identifier used during authentication of the electronic device; or a username or hostname of the electronic device ([0048] “Notably, access point 112-1 may ensure that electronic device 114-1 selectively receives an appropriate probe response (including the correct BSSID) based at least in part on the capabilities of electronic device 114-1 (such as whether or not electronic device 114-1 supports the first IEEE 802.11 standard)”).
Regarding claim 3, Khoury teaches wherein the information is stored in memory in or associated with the access point ([0118] “Memory subsystem 1612 includes one or more devices for storing data and/or instructions for processing sub system 1610 and networking sub system 1614. For example, memory subsystem 1612 can include dynamic random access memory (DRAM), static random access memory (SRAM), and/or other types of memory (which collectively or individually are sometimes referred to as a ‘computer-readable storage medium’). In some embodiments, instructions for processing subsystem 1610 in memory subsystem 1612 include: one or more program modules or sets of instructions (such as program instructions 1622 or operating system 1624), which may be executed by processing subsystem 1610”).
Regarding claim 4, Khoury teaches wherein the accessing or obtaining of the information comprises receiving, associated with a computer system, the information ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”, (Examiner’s Note: Wi-FI 6 and Wi-FI 5 operate on specific frequency bands).
Regarding claim 5, Khoury teaches wherein the computer system comprises: a controller of the access point ([0038] “Moreover, an access point in the system may communicate with a controller or services using a wired communication protocol, such as a wired communication protocol that is compatible with an IEEE 802.3 standard (which is sometimes referred to as ‘Ethernet’), e.g”); or a cloud-based computer system.
Regarding claim 6, Khoury teaches wherein the information is associated with or indicates a type of application used by the electronic device; a capability of the electronic device([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”); or a type of traffic associated with the electronic device.
Regarding claim 7, Khoury teaches wherein the capability comprises an ability to operate in the second band of frequencies ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”).
Regarding claim 8, Khoury teaches wherein the band of frequencies comprises frequencies that are lower than frequencies in the second band of frequencies ([0039] “Thus, the wireless communication may occur in, e.g., a 2.4 GHz, a 5 GHz, a 6 GHz and/or a 60 GHz frequency band. (Note that IEEE 802.11ad communication over a 60 GHz frequency band is sometimes referred to as ‘WiGig.’ In the present discussion, these embodiments are also encompassed by ‘Wi-Fi.’)”).
Regarding claim 9, Khoury teaches wherein the transition recommendation comprises a basic service set (BSS) transition management (BTM) frame ([0047] “Then, after electronic device 114-1 has associated with access point 112-1 using the second BSSID, access point 112-1 may recommend that electronic device 114-1 transition to the first BSSID (e.g., using a BTM frame)”).
Regarding claim 10, Khoury teaches wherein, after providing the transition recommendation, the access point is configured to terminate the association with the electronic device in the band of frequencies ([0012] “Additionally, after providing the transition recommendation, the access point may terminate the association with the electronic device”).
Regarding claim 11, Khoury teaches wherein the band of frequencies is associated with a WLAN having a service set identifier (SSID) and a basic service set identifier (BSSID), and the second band of frequencies is associated with a second WLAN having a second SSID and a second BSSID ([0014] “Note that the first WLAN may have a first service set identifier (SSID) and a first basic service set identifier (BSSID), and the second WLAN may have a second SSID and a second BSSID”, [0111] “Wi-Fi 6 technology may benefit from having many Wi-Fi 6 clients connected to one WLAN. In particular, OFDMA may be more efficient as the number of clients using this technology that are connected to one WLAN grows. Steering (moving clients from WLAN to another WLAN or from one access point to another access point) clients (or electronic devices associated with an access point or a WLAN) from a Wi-Fi 5 compatible access point or a Wi-Fi 5 compatible WLAN to a Wi-Fi 6 compatible WLAN may bring performance benefits to the client and to the wireless network by increasing the number of clients associated with the Wi-Fi 6 compatible WLAN”)).
Regarding claim 13, Khoury teaches wherein the accessing or obtaining of the information is based at least in part on: a media access control (MAC) address of the electronic device ([0080] “ In some embodiments, a legacy beacon (such as beacon 700) may be identified relative to a multi-BSS beacon (such as multi-BSS beacon 600 in FIG. 6) by the inclusion of a MAC address in the beacon”);
an identifier used during authentication of the electronic device; or a username or hostname of the electronic device ([0048] “Notably, access point 112-1 may ensure that electronic device 114-1 selectively receives an appropriate probe response (including the correct BSSID) based at least in part on the capabilities of electronic device 114-1 (such as whether or not electronic device 114-1 supports the first IEEE 802.11 standard)”).
Regarding claim 14, Khoury teaches wherein the accessing or obtaining of the information comprises receiving, associated with a computer system, the information ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”, (Examiner’s Note: Wi-FI 6 and Wi-FI 5 operate on specific frequency bands);
and wherein the computer system comprises: a controller of the access point ([0038] “Moreover, an access point in the system may communicate with a controller or services using a wired communication protocol, such as a wired communication protocol that is compatible with an IEEE 802.3 standard (which is sometimes referred to as ‘Ethernet’), e.g”); or a cloud-based computer system.
Regarding claim 15, Khoury teaches wherein the information is associated with or indicates a type of application used by the electronic device; a capability of the electronic device ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”); or a type of traffic associated with the electronic device.
Regarding claim 17, Khoury teaches wherein the accessing or obtaining of the information is based at least in part on: a media access control (MAC) address of the electronic device ([0080] “ In some embodiments, a legacy beacon (such as beacon 700) may be identified relative to a multi-BSS beacon (such as multi-BSS beacon 600 in FIG. 6) by the inclusion of a MAC address in the beacon”); an identifier used during authentication of the electronic device; or a username or hostname of the electronic device ([0048] “Notably, access point 112-1 may ensure that electronic device 114-1 selectively receives an appropriate probe response (including the correct BSSID) based at least in part on the capabilities of electronic device 114-1 (such as whether or not electronic device 114-1 supports the first IEEE 802.11 standard)”).
Regarding claim 18, Khoury teaches wherein the accessing or obtaining of the information comprises receiving, associated with a computer system ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”, (Examiner’s Note: Wi-FI 6 and Wi-FI 5 operate on specific frequency bands),
the information; and wherein the computer system comprises: a controller of the access point ([0038] “Moreover, an access point in the system may communicate with a controller or services using a wired communication protocol, such as a wired communication protocol that is compatible with an IEEE 802.3 standard (which is sometimes referred to as ‘Ethernet’), e.g”); or a cloud-based computer system.
Regarding claim 19, Khoury teaches wherein the information is associated with or indicates a type of application used by the electronic device; a capability of the electronic device ([0008] “During operation, the access point may associate with the electronic device. Moreover, the access point may determine that the electronic device has a second capability that is different from the first capability”, [0009] “In some embodiments, the second IEEE 802.11 standard may include IEEE 802.11ax or Wi-Fi 6, and the first IEEE 802.11 standard may include an earlier IEEE 802.11 standard, such as IEEE 802.11ac or Wi-Fi 5”); or a type of traffic associated with the electronic device.
Regarding claim 20, Khoury teaches wherein the band of frequencies is associated with a WLAN having a service set identifier (SSID) and a basic service set identifier (BSSID), and the second band of frequencies is associated with a second WLAN having a second SSID and a second BSSID ([0014] “Note that the first WLAN may have a first service set identifier (SSID) and a first basic service set identifier (BSSID), and the second WLAN may have a second SSID and a second BSSID”, [0111] “Wi-Fi 6 technology may benefit from having many Wi-Fi 6 clients connected to one WLAN. In particular, OFDMA may be more efficient as the number of clients using this technology that are connected to one WLAN grows. Steering (moving clients from WLAN to another WLAN or from one access point to another access point) clients (or electronic devices associated with an access point or a WLAN) from a Wi-Fi 5 compatible access point or a Wi-Fi 5 compatible WLAN to a Wi-Fi 6 compatible WLAN may bring performance benefits to the client and to the wireless network by increasing the number of clients associated with the Wi-Fi 6 compatible WLAN”)).
Response to Arguments
Applicant's arguments filed 02/10/2026 have been fully considered but they are not persuasive.
Applicant’s Argument 1
Applicant respectfully submits that Chennichetty does not disclose accessing or obtaining "information associated with or that indicates historical band-of-frequency usage by the electronic device" as is asserted in the rejection of Claim 1. Instead, Chennichetty discloses storing a "bandwidth history" of an electronic device. As is well understood in the art, the term "frequency band" and "bandwidth" refer to very different things. In particular, a "frequency band" refers to a range of frequencies where a device can communicate. References to "bandwidth", in stark contrast refer to either a capacity of communication link or a size of a channel within a frequency band. Applicant argues “indicates a historic band-of-frequency usage”. Cited paragraph [0111] appears to merely mentions “bandwidth history”.
Examiner’s Response 1
Examiner respectfully disagrees. The claims states information associated with or that indicates historical band-of-frequency usage by the electronic device. The claims states any information “associated” with historical band of frequency usage which shown in Chennichetty includes bandwidth history data [0111]. Bandwidth == band of frequency usage or how much of the frequency band is being used.
[0111] “The memory 330 may include a STA profile data store 331 that may store profile information for a plurality of STAs. The profile information (or STA profile, client profile, or wireless device profile) for a particular STA may include, for example, its MAC addresses, device type, traffic flow, location data, configuration information, supported data rates, timing information, modulation and coding schemes, preferred channels, ranging capabilities, bandwidth history, and other suitable information about (or pertaining to) the operation of the plurality of STAs. The STA profile data store 331, or database, also may store profile information for a number of other wireless devices. The profile information for a given wireless device may include, for example, the wireless device's service set identification (SSID), BSSID, operating channels, TSF values, beacon”
Applicant does not further incorporate features of they are arguing into the claim.
The description in paragraph [0111] further includes supported data rates which is separate and distinct from bandwidth history. Thus, the broad interpretation appears reasonable for what is just claimed given bandwidth and data rates are distinctly mentioned.
Furthermore, [0111] includes SSID and BSSID, it does the same thing by design in reference to applicant’s claim 11 “wherein the band of frequencies is associated with a WLAN having a service set identifier (SSID) and a basic service set identifier (BSSID), and the second band of frequencies is associated with a second WLAN having a second SSID and a second BSSID”.
Applicant’s Argument 2
As such, there is nothing in either Khoury or Chennichetty that would have led the skilled artisan to modify the approach of Khoury to use the "bandwidth history" of a client device to determine whether or not an access point attempts to steer a client device to a different frequency band. Instead, Applicant respectfully submits that the modification of Khoury based on Chennichetty reflects the improper use of hindsight gleaned from the teachings of the present application. Thus, the rejection of Claim 1 should be withdrawn for this additional reason.
Examiner’s Response 2
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, [0118] steering wireless devices, such as the stations STA1-STA4, between different wireless associations (such as between different APs, or between different frequency bands, or both), based on a STA profile (also known as a client profile or wireless device profile), monitored traffic flow characteristics, classified traffic types, priority designations, movement of the wireless devices, QoS attributes, or a steering ranking list,” [0111] “The profile information (or STA profile, client profile, or wireless device profile) for a particular STA may include, for example, its MAC addresses, device type, traffic flow, location data, configuration information, supported data rates, timing information, modulation and coding schemes, preferred channels, ranging capabilities, bandwidth history, and other suitable information about (or pertaining to) the operation of the plurality of STAs. The STA profile data store 331, or database, also may store profile information for a number of other wireless devices. The profile information for a given wireless device may include, for example, the wireless device's service set identification (SSID), BSSID, operating channels, TSF values, beacon intervals, ranging schedules, channel state information (CSI), received signal strength indicator (RSSI) values, goodput values, and connection history with the AP. The profile information for the plurality of STAs may be statically defined based on the STAs capabilities and performance attributes, may be preconfigured (i.e., programmed before initial operation of the STA), or dynamically determined. Additional description about profile information is described further with respect to FIGS. 4-7”). Using these profile devices are steered in a way to optimize the system.
Applicant’s Argument 3
In stark contrast, in the approach of Claim 1, a very simple metric is considered, namely the frequency band in which a client device has historically primarily used when communicating in a WiFi network. Since WiFi networks are typically designed to transition a client device from a first frequency band to a second frequency band when the performance in the first frequency band falls below certain levels, a client device that routinely connects to the network will have a bandwidth history in which they communicate, at least most of the time, in the frequency band that provides good performance. Thus, when such a client device connects to the WiFi network in a different frequency band, the bandwidth history provides a very good indication that it makes sense for the client device to switch to the frequency band that it typically uses, as that is the frequency band that has historically provided good performance. This is a very simple test that can be used to make transition recommendations that requires very few resources while improving overall network performance. Nothing in either Khoury and Chennichetty disclose or suggest such an approach. As such, Claim 1 is patentable over the cited art for this additional reason.
Examiner’s Response 3
Examiner respectfully disagrees. This is not what is in the claim 1. Claim 1 states “An access point, comprising: an interface circuit configured to wirelessly communicate with an electronic device, wherein the interface circuit is configured to:associate with the electronic device in a band of frequencies;access or obtain information associated with or that indicates historical band-of-frequency usage by the electronic device; and based at least in part on the information, provide a transition recommendation addressed to the electronic device, wherein the transition recommendation recommends that the electronic device transition from the band of frequencies to a second band of frequencies, which is different from the band of frequencies”.
Conclusion
THIS ACTION IS MADE FINAL. 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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/K.T.F./Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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