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 .
Response to Remarks
This Office Action is considered to be fully responsive to the communications filed on 06/25/2026. Claims 1-20 are currently pending in this application.
Response to Arguments
Applicant’s arguments, see Remarks, filed 06/25/2026, with respect to the rejections of claims 1-20 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered but are not persuasive. Applicant has amended the independent claim 1 to specify that the signal is a “toning signal”, where independent claims 9 and 17 are also amended in a similar way such that they contain analogous subject matter. Applicant argues on pages 1-2 of Remarks that Bliss does not teach this feature. However, Examiner disagrees with this opinion, and a claim mapping is provided below. The term ‘toning signal’ is not a known term of art, and Applicant does not provide a clear definition for this term in the instant Specification other than that it is a signal transmitted by a PHY. Given this, the capability information of Bliss is interpreted to be the ‘toning signal’ as the PHYs in Bliss transmit the capability information. Thus, Bliss does teach the independent claims as amended. For more details, please see the Claim Rejections section below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7, 9-13, 15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bliss (US 20120063295 A1).
Regarding claim 1, Bliss discloses
A first physical layer comprising ([Fig. 1] node 102 comprises PHY 110a (first physical layer)):
interface circuitry capable of transmitting a first toning signal and receiving a second toning signal ([0026] and [Fig. 4] PHY comprises PHY control 412 which is circuitry controlling the actions of the PHY; [0015] and [Fig. 1] node 102 comprises ethernet link 106 with node 104 comprising PHY 110b (second physical layer); [0030] and [Fig. 5] two nodes connected by the PHY link exchange capability information (node A sends its capabilities, then node B sends its capabilities back; i.e. node A sends the first toning signal and receives the second toning signal));
comparator circuitry capable of comparing the second toning signal to the first toning signal ([0026] and [Fig. 4] PHY comprises PHY control 412 which is circuitry controlling the actions of the PHY; [0030] and [Fig. 5] the two nodes compare the information shared about abilities (node A sends its capabilities, then node B sends its capabilities back, where those capabilities are compared to each other; i.e. first and second signals are compared)); and
configuration circuitry capable of facilitating operation as a leader or a follower based on the comparison ([0026] and [Fig. 4] PHY comprises PHY control 412 which is circuitry controlling the actions of the PHY; [0030] and [Fig. 5] after the two nodes compare capabilities and decide on the highest performance, the master/slave determination is made (configuration of operations as a leader or follower based on the comparison)).
Regarding claim 2, Bliss discloses
The first physical layer of claim 1, further including signal generator circuitry capable of generating the first toning signal based on at least one of a generated number, a characteristic of the first physical layer, or a characteristic of a device that implements the first physical layer ([0030], [Fig. 1], and [Fig. 5] node 102 including PHY 110a (device that implements first physical layer) exchanges capability information with the other node (generates first signal based on a characteristic of the device implementing the first physical layer)).
Regarding claim 3, Bliss discloses
The first physical layer of claim 1, wherein the first toning signal corresponds to a first characteristic and the second toning signal corresponds to a second characteristic different than the first characteristic, the comparator circuitry capable of comparing the first characteristic to the second characteristic ([0030], [Fig. 1], and [Fig. 5] node 102 including PHY 110a exchanges capability information with the other node 104 including PHY 110b (the two nodes send each other their corresponding capability information; i.e. node 102’s information is the first characteristic, and node 104’s information is the second characteristic and they are different), where the capabilities are compared to each other).
Regarding claim 4, Bliss discloses
The first physical layer of claim 1, wherein the interface circuitry is capable of receiving the second toning signal via a shared wired bus and transmitting the first toning signal via the shared wired bus ([0030], [Fig. 1], and [Fig. 5] node 102 comprises PHY 110a (first physical layer), where the two nodes connected by the PHY link exchange capability information (first and second signals are both sent), where the two nodes are connected by the PHY link via ethernet link 106 (shared wired bus)).
Regarding claim 5, Bliss discloses
The first physical layer of claim 1, wherein, when operating as the leader ([Fig. 1] node 102 comprises PHY 110a (first physical layer)):
the interface circuitry is capable of transmitting a third signal ([0031], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the master node begins transmitting at reduced transmit power (third signal to the second physical layer)); and
the configuration circuitry is capable of, when a signal has not been received within a threshold amount of time, initiating training configured as the leader ([0031]-[0033], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the slave node is in SILENT mode (signal not obtained from the second physical layer), where the slave node will transition from SILENT mode after the timer minwait_timer has expired, and both the master node and slave node will then begin the PMA training (initiate training)).
Regarding claim 7, Bliss discloses
The first physical layer of claim 1, wherein, when operating as the follower, the configuration circuitry is capable of, when a signal has been received within a threshold amount of time, initiating training configured as the follower ([0031]-[0033], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the slave node (operating as the follower) is in SILENT mode and the master node (second physical layer) begins transmitting at reduced transmit power (signal obtained from the second physical layer), where the slave node will transition from SILENT mode after the timer minwait_timer has expired (within a threshold amount of time), and both the master node and slave node will then begin the PMA training (initiate training)).
Regarding claim 9, Bliss discloses
A method comprising ([Fig. 5] method):
generating, by executing an instruction with a first physical layer, a first toning signal [0030] and [Fig. 5] two nodes connected by the PHY link exchange capability information (node A generates then sends its capabilities));
transmitting the first toning signal ([0015] and [Fig. 1] node 102 comprises ethernet link 106 with node 104 comprising PHY 110b (second physical layer); [0030] and [Fig. 5] two nodes connected by the PHY link exchange capability information (node A sends its capabilities, then node B sends its capabilities back; i.e. node A sends the first signal));
comparing, by executing an instruction with the first physical layer, a received second toning signal to the first toning signal ([0030] and [Fig. 5] the two nodes compare the information shared about abilities (node A sends its capabilities, then node B sends its capabilities back, where those capabilities are compared to each other; i.e. first and second signals are compared)); and
configuring, by executing an instruction with the first physical layer, the first physical layer to operate as a leader or a follower based on the comparison ([0030] and [Fig. 5] after the two nodes compare capabilities and decide on the highest performance, the master/slave determination is made (configuration of operations as a leader or follower based on the comparison)).
Regarding claim 10, Bliss discloses
The method of claim 9, further including generating the first toning signal based on at least one of a generated number, a characteristic of the first physical layer, or a characteristic of a device that implements the first physical layer ([0030], [Fig. 1], and [Fig. 5] node 102 including PHY 110a (device that implements first physical layer) exchanges capability information with the other node (generates first signal based on a characteristic of the device implementing the first physical layer)).
Regarding claim 11, Bliss discloses
The method of claim 9, wherein the first toning signal corresponds to a first characteristic and the received second toning signal corresponds to a second characteristic different than the first characteristic, wherein comparing the first toning signal and the received second toning signal includes comparing the first characteristic to the second characteristic ([0030], [Fig. 1], and [Fig. 5] node 102 including PHY 110a exchanges capability information with the other node 104 including PHY 110b (the two nodes send each other their corresponding capability information; i.e. node 102’s information is the first characteristic, and node 104’s information is the second characteristic and they are different), where the capabilities are compared to each other).
Regarding claim 12, Bliss discloses
The method of claim 9, further including receiving the received second toning signal via a shared wired bus ([0030], [Fig. 1], and [Fig. 5] two nodes connected by the PHY link exchange capability information (first and second signals are both sent), where the two nodes are connected by the PHY link via ethernet link 106 (shared wired bus)) and
transmitting the first toning signal via the shared wired bus ([0030], [Fig. 1], and [Fig. 5] two nodes connected by the PHY link exchange capability information (first and second signals are both sent), where the two nodes are connected by the PHY link via ethernet link 106 (shared wired bus)).
Regarding claim 13, Bliss discloses
The method of claim 9, further including, when operating as the leader ([Fig. 5] method):
transmitting a third signal ([0031], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the master node begins transmitting at reduced transmit power (third signal to the second physical layer)); and
when a signal has not been received within a threshold amount of time, initiating training configured as the leader ([0031]-[0033], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the slave node is in SILENT mode (signal not obtained from the second physical layer), where the slave node will transition from SILENT mode after the timer minwait_timer has expired, and both the master node and slave node will then begin the PMA training (initiate training)).
Regarding claim 15, Bliss discloses
The method of claim 9, further including, when operating as the follower and a signal has been received within a threshold amount of time, initiating training configured as the follower ([0031]-[0033], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the slave node (operating as the follower) is in SILENT mode and the master node (second physical layer) begins transmitting at reduced transmit power (signal obtained from the second physical layer), where the slave node will transition from SILENT mode after the timer minwait_timer has expired (within a threshold amount of time), and both the master node and slave node will then begin the PMA training (initiate training)).
Regarding claim 17, Bliss discloses
A non-transitory computer readable storage medium comprising instructions which cause a first physical layer to at least ([0052], [Fig. 1] node comprises PHY, and embodiments include hardware/firmware (instructions) for storing parameters (computer readable storage medium)):
cause transmission of a first toning signal ([0015] and [Fig. 1] node 102 comprises ethernet link 106 with node 104 comprising PHY 110b (second physical layer); [0030] and [Fig. 5] two nodes connected by the PHY link exchange capability information (node A sends its capabilities, then node B sends its capabilities back; i.e. node A sends the first signal));
compare a received second toning signal to the first toning signal ([0030] and [Fig. 5] the two nodes compare the information shared about abilities (node A sends its capabilities, then node B sends its capabilities back, where those capabilities are compared to each other; i.e. first and second signals are compared)); and
configure the first physical layer as a leader or a follower based on the comparison ([0030] and [Fig. 5] after the two nodes compare capabilities and decide on the highest performance, the master/slave determination is made (configuration of operations as a leader or follower based on the comparison)).
Regarding claim 18, Bliss discloses
The non-transitory computer readable storage medium of claim 17, wherein the instructions cause the first physical layer to transmit the first toning signal based on at least one of a generated number, a characteristic of the first physical layer, or a characteristic of a device that implements the first physical layer ([0030], [Fig. 1], and [Fig. 5] node 102 including PHY 110a (device that implements first physical layer) exchanges capability information with the other node (generates first signal based on a characteristic of the device implementing the first physical layer)).
Regarding claim 19, Bliss discloses
The non-transitory computer readable storage medium of claim 17, wherein the first toning signal corresponds to a first characteristic and the received second toning signal corresponds to a second characteristic different than the first characteristic, the instructions to cause the first physical layer to compare the first characteristic to the second characteristic ([0030], [Fig. 1], and [Fig. 5] node 102 including PHY 110a exchanges capability information with the other node 104 including PHY 110b (the two nodes send each other their corresponding capability information; i.e. node 102’s information is the first characteristic, and node 104’s information is the second characteristic and they are different), where the capabilities are compared to each other).
Regarding claim 20, Bliss discloses
The non-transitory computer readable storage medium of claim 17, wherein the instructions cause the first physical layer to ([0052], [Fig. 1] node comprises PHY, and embodiments include hardware/firmware (instructions) for storing parameters (computer readable storage medium)) receive the received second toning signal via a shared wired bus ([0030], [Fig. 1], and [Fig. 5] two nodes connected by the PHY link exchange capability information (first and second signals are both sent), where the two nodes are connected by the PHY link via ethernet link 106 (shared wired bus)) and
cause transmission the first toning signal via the shared wired bus ([0030], [Fig. 1], and [Fig. 5] two nodes connected by the PHY link exchange capability information (first and second signals are both sent), where the two nodes are connected by the PHY link via ethernet link 106 (shared wired bus)).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6, 8, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bliss (US 20120063295 A1), and further in view of Chuang et al (US 20160065495 A1).
Regarding claim 6, Bliss teaches The first physical layer of claim 1, as is described above.
Bliss further teaches wherein, when operating as the leader:
the interface circuitry is capable of transmitting a third signal ([0031], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the master node begins transmitting at reduced transmit power (third signal to the second physical layer)); and
determine operation as the leader or the follower ([0031] and [Fig. 5] the auto-negotiation sets the master/slave determination (leader or follower operation))
Bliss does not explicitly teach the configuration circuitry is capable of, when a signal has been received within a threshold amount of time, redetermining operation as it does not explicitly teach the auto-negotiation process being repeated.
However, Chuang does teach repeating a training step to determine operation as the leader or follower if a signal has not been received within a threshold amount of time ([0018] and [Fig. 2, ref. S222] counting numbers is performed to wait a predetermined amount of time (within a threshold amount of time), and if a reception signal is not detected the process will return to the first step of S210 which is carried out before entering training state).
Bliss and Chuang are considered to be analogous to the claimed invention, as they are both in the same field of configuring PHYs for training states. It should be noted that both Bliss and Chuang (as cited below) both teach a training period. As can be seen below, Chuang teaches returning to the step before the training period. In Bliss, this step prior to the training period is the auto-negotiation period. Chuang is used to teach that the process can be restarted to the step prior to the training period (where in this combination with Bliss is the step of auto-negotiation to determine master/slave) upon detecting a reception signal that does not satisfy a threshold. So given that Bliss and Chuang both have training periods, Chuang’s step of restarting to the step before the training period when a threshold is not satisfied can be applied to Bliss with the predictable result that the process would return to the auto-negotiation step to determine the master/slave. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Bliss to include the teachings of Chuang where the process restarts to a step before entering training state. The rationale behind this would be to prevent a link procedure from being strangled in a training state ([0006] Chuang).
Regarding claim 8, Bliss teaches The first physical layer of claim 1, as is described above.
Bliss further teaches wherein, when operating as the follower ([0031], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the slave node transitions to SILENT mode (operating as the follower)),
determine operation as the leader or the follower ([0031] and [Fig. 5] the auto-negotiation sets the master/slave determination (leader or follower operation))
Bliss does not explicitly teach the configuration circuitry is capable of, when a signal has not received within a threshold amount of time, redetermining operation as it does not explicitly teach the auto-negotiation process being repeated.
However, Chuang does teach repeating a training step to determine operation as the leader or follower if a signal has not been received within a threshold amount of time ([0018] and [Fig. 2, ref. S222] counting numbers is performed to wait a predetermined amount of time (within a threshold amount of time), and if a reception signal is not detected the process will return to the first step of S210 which is carried out before entering training state).
Bliss and Chuang are considered to be analogous to the claimed invention, as they are both in the same field of configuring PHYs for training states. It should be noted that both Bliss and Chuang (as cited below) both teach a training period. As can be seen below, Chuang teaches returning to the step before the training period. In Bliss, this step prior to the training period is the auto-negotiation period. Chuang is used to teach that the process can be restarted to the step prior to the training period (where in this combination with Bliss is the step of auto-negotiation to determine master/slave) upon detecting a reception signal that does not satisfy a threshold. So given that Bliss and Chuang both have training periods, Chuang’s step of restarting to the step before the training period when a threshold is not satisfied can be applied to Bliss with the predictable result that the process would return to the auto-negotiation step to determine the master/slave. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Bliss to include the teachings of Chuang where the process restarts to a step before entering training state. The rationale behind this would be to prevent a link procedure from being strangled in a training state ([0006] Chuang).
Regarding claim 14, Bliss teaches The method of claim 9, as is described above.
Bliss further teaches further including, when operating as the leader:
transmitting a third signal ([0031], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the master node begins transmitting at reduced transmit power (third signal to the second physical layer)); and
determining operation as the leader or the follower ([0031] and [Fig. 5] the auto-negotiation sets the master/slave determination (leader or follower operation)).
Bliss does not explicitly teach when a signal has been received within a threshold amount of time, redetermining operation as it does not explicitly teach the auto-negotiation process being repeated.
However, Chuang does teach repeating a training step to determine operation as the leader or follower if a signal has not been received within a threshold amount of time ([0018] and [Fig. 2, ref. S222] counting numbers is performed to wait a predetermined amount of time (within a threshold amount of time), and if a reception signal is not detected the process will return to the first step of S210 which is carried out before entering training state).
Bliss and Chuang are considered to be analogous to the claimed invention, as they are both in the same field of configuring PHYs for training states. It should be noted that both Bliss and Chuang (as cited below) both teach a training period. As can be seen below, Chuang teaches returning to the step before the training period. In Bliss, this step prior to the training period is the auto-negotiation period. Chuang is used to teach that the process can be restarted to the step prior to the training period (where in this combination with Bliss is the step of auto-negotiation to determine master/slave) upon detecting a reception signal that does not satisfy a threshold. So given that Bliss and Chuang both have training periods, Chuang’s step of restarting to the step before the training period when a threshold is not satisfied can be applied to Bliss with the predictable result that the process would return to the auto-negotiation step to determine the master/slave. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Bliss to include the teachings of Chuang where the process restarts to a step before entering training state. The rationale behind this would be to prevent a link procedure from being strangled in a training state ([0006] Chuang).
Regarding claim 16, Bliss teaches The method of claim 9, as is described above.
Bliss further teaches further including, when operating as the follower ([0031], [Fig. 1], and [Fig. 5] after the auto-negotiation sets the master/slave determination, the slave node transitions to SILENT mode (operating as the follower))
determining operation as the leader or the follower ([0031] and [Fig. 5] the auto-negotiation sets the master/slave determination (leader or follower operation)).
Bliss does not explicitly teach and a signal has not been received within a threshold amount of time, redetermining operation as it does not explicitly teach the auto-negotiation process being repeated.
However, Chuang does teach repeating a training step to determine operation as the leader or follower if a signal has not been received within a threshold amount of time ([0018] and [Fig. 2, ref. S222] counting numbers is performed to wait a predetermined amount of time (within a threshold amount of time), and if a reception signal is not detected the process will return to the first step of S210 which is carried out before entering training state).
Bliss and Chuang are considered to be analogous to the claimed invention, as they are both in the same field of configuring PHYs for training states. It should be noted that both Bliss and Chuang (as cited below) both teach a training period. As can be seen below, Chuang teaches returning to the step before the training period. In Bliss, this step prior to the training period is the auto-negotiation period. Chuang is used to teach that the process can be restarted to the step prior to the training period (where in this combination with Bliss is the step of auto-negotiation to determine master/slave) upon detecting a reception signal that does not satisfy a threshold. So given that Bliss and Chuang both have training periods, Chuang’s step of restarting to the step before the training period when a threshold is not satisfied can be applied to Bliss with the predictable result that the process would return to the auto-negotiation step to determine the master/slave. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Bliss to include the teachings of Chuang where the process restarts to a step before entering training state. The rationale behind this would be to prevent a link procedure from being strangled in a training state ([0006] Chuang).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM JOEL CERLANEK whose telephone number is (703)756-1272. The examiner can normally be reached 8:30-5:00.
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/A.J.C./Examiner, Art Unit 2478 /JAY L VOGEL/Primary Examiner, Art Unit 2478
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