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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/06/2023 and 03/20/2024; the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a wireless communication, does not reasonably provide enablement for which device is performing the method for the wireless communication device. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to networking device either an access point AP or non-Ap STATION the invention commensurate in scope with these claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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.
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
A rejection on this statutory basis (35 U.S.C. 102(g) as in force on March 15, 2013) is appropriate in an application or patent that is examined under the first to file provisions of the AIA if it also contains or contained at any time (1) a claim to an invention having an effective filing date as defined in 35 U.S.C. 100(i) that is before March 16, 2013 or (2) a specific reference under 35 U.S.C. 120, 121, or 365(c) to any patent or application that contains or contained at any time such a claim.
Claim(s) 1-3, 7,8, 12-15, 17, 18, AND 20 are rejected under 35 U.S.C. 102(a)(1) and or (a)(2) as being anticipated by US-20210345404-A1 to Lu et al., from hereon Lu.
Regarding claim 1 Lu teaches…a device comprising: a controller (P.56 discloses a controller also known as a processor that implements access points, stations, and network apparatus )configured to select a plurality of backoff channels of a plurality of subchannels of a Basic Service Set (BSS) operating channel (Fig 5 B, P. 38 discloses… Referring to part (A) of FIG. 5, initially the PD channel of a non-AP STA may be one of the non-punctured channels of a first non-primary 80-MHz segment (denoted as “non-primary 80-MHz segment 1” in FIG. 5) before PD channel switching. Referring to part (B) of FIG. 5, the new PD channel of the non-AP STA may be switched to one of the non-punctured channels of a second non-primary 80-MHz segment (denoted as “non-primary 80-MHz segment 2” in FIG. 5) after PD channel switching. In this example, the non-AP STA changes not only its PD channel but also its parking segment (in which the new PD channel is located); Fig 14); and a wireless transceiver configured to announce to a second device the backoff channels of the subchannels of the BSS operating channel for use in communicating between the device and the second device (Fig. 13 & 14 ), wherein the subchannels include a primary subchannel and at least one non-primary subchannel (P. 53 discloses… an AP may perform DL transmission(s) to a non-AP STA which is switching to its new PD channel or a new parking segment. Moreover, after the switching delay and/or NAV synchronization delay, the AP may trigger UL transmission(s) to a non-AP STA which is switching to its new PD channel or a new parking segment).
Regarding claim 2 Lu teaches…the device of claim 1, Lu teaches…wherein the controller is further configured to decide whether the device and the second device have medium synchronization information (P. 53 discloses a NAV synchronization timer which is also known as a synchronization information that aids in the network devices keeping the multilink configuration and the synchronization of payload transmission).
Regarding claim 3 Lu teaches…the device of claim 1, Lu teaches…wherein the backoff channels comprise a plurality of 20 Megahertz (MHz) backoff channels (Fig. 5B ).
Regarding claim 7 Lu teaches…the device of claim 1, Lu teaches…wherein the wireless transceiver is further configured to perform backoff through one of the backoff channels when the primary subchannel is busy because of a neighbor BSS’s transmission opportunity (TXOP) (Fig. 12, P. 51 discloses …scenario 1200 shows an example of dynamic PD channel switching in a TXOP. In scenario 1200, initially, the PD channel of the secondary 80-MHz segment is the lowest 20-MHz channel. However, due to the PD channel of the secondary 80-MHz segment being busy, the TXOP holder (e.g., AP) dynamically switches the PD channel to the fourth lowest 20-MHz channel in the secondary 80-MHz segment by signaling PD channel switch information to indicate such a change in an EHT RTS frame. As for an intended recipient (e.g., a non-AP STA) of the EHT RTS frame, upon decoding the EHT RTS on the primary 20-MHz channel in the primary 80-MHz segment ).
Regarding claim 8 Lu teaches…the device of claim 1, Lu teaches…wherein the wireless transceiver is further configured to announce in a management frame whether backoff on a non-primary subchannel is allowed in a BSS (Fig. 2, P. 33 discloses an AP (e.g., STA 110 as an AP STA) may announce a preamble puncturing pattern for non-primary channels in a management frame (e.g., beacon, probe response, association response, or other frame(s)), with the preamble puncturing pattern indicating which channels are not punctured during the transmission. FIG ).
Regarding claim 12 Lu teaches…the device of claim 1, Lu teaches…wherein the wireless transceiver is further configured to announce using a management frame, wherein the management frame is one of a Beacon Frame, a Probe Response Frame, and an Association Response Frame (P. 33).
Regarding claim 13 Lu teaches…the device of claim 1, Lu teaches…wherein the wireless transceiver is further configured to send a message to the second device to park in a non-primary subchannel that includes a backoff channel (P.6 and 35 discloses the parking of non-primary subchannels ).
Regarding claim 14 Lu teaches…the device of claim 1, Lu teaches….wherein the device comprises a wireless access point (AP), and wherein the second device comprises a non-AP station (STA) device (Fig. 1, P. 32).
Regarding claim 15 Lu teaches…the device of claim 1, Lu teaches… wherein the device is compatible with an Institute of Electrical and Electronics Engineers (IEEE) 802.11 protocol (P. 32).
Regarding claim 17 Lu teaches…a wireless access point (AP) comprising (P.33 discloses an access point station AP STA ): a controller configured to select a plurality of 20 Megahertz (MHz) backoff channels of a plurality of subchannels of a Basic Service Set (BSS) operating channel (Fig 5 B, P. 38 discloses… Referring to part (A) of FIG. 5, initially the PD channel of a non-AP STA may be one of the non-punctured channels of a first non-primary 80-MHz segment (denoted as “non-primary 80-MHz segment 1” in FIG. 5) before PD channel switching. Referring to part (B) of FIG. 5, the new PD channel of the non-AP STA may be switched to one of the non-punctured channels of a second non-primary 80-MHz segment (denoted as “non-primary 80-MHz segment 2” in FIG. 5) after PD channel switching. In this example, the non-AP STA changes not only its PD channel but also its parking segment (in which the new PD channel is located); Fig 14); and a wireless transceiver configured to announce to a non-AP station (STA) device the backoff channels of the subchannels of the BSS operating channel for use in communicating between the wireless AP and the non-AP STA device, wherein the subchannels include a primary subchannel and at least one non-primary subchannel(P. 53 discloses… an AP may perform DL transmission(s) to a non-AP STA which is switching to its new PD channel or a new parking segment. Moreover, after the switching delay and/or NAV synchronization delay, the AP may trigger UL transmission(s) to a non-AP STA which is switching to its new PD channel or a new parking segment).
Regarding claim 18 Lu teaches…the wireless AP of claim 17, Lu teaches…wherein the wireless transceiver is further configured to perform backoff through one of the backoff channels when the primary subchannel is busy because of a neighbor BSS’s transmission opportunity (TXOP) (Fig. 12, P. 51 discloses …scenario 1200 shows an example of dynamic PD channel switching in a TXOP. In scenario 1200, initially, the PD channel of the secondary 80-MHz segment is the lowest 20-MHz channel. However, due to the PD channel of the secondary 80-MHz segment being busy, the TXOP holder (e.g., AP) dynamically switches the PD channel to the fourth lowest 20-MHz channel in the secondary 80-MHz segment by signaling PD channel switch information to indicate such a change in an EHT RTS frame. As for an intended recipient (e.g., a non-AP STA) of the EHT RTS frame, upon decoding the EHT RTS on the primary 20-MHz channel in the primary 80-MHz segment ).
Regarding claim 20 Lu teaches…a method for wireless communications (Fig. 13, P. 54 ), the method comprising: selecting a plurality of backoff channels of a plurality of subchannels of a Basic Service Set (BSS) operating channel (P. 77 discloses the selecting process and P. 38 further discloses…(Fig 5 B, P. 38 discloses… Referring to part (A) of FIG. 5, initially the PD channel of a non-AP STA may be one of the non-punctured channels of a first non-primary 80-MHz segment (denoted as “non-primary 80-MHz segment 1” in FIG. 5) before PD channel switching. Referring to part (B) of FIG. 5, the new PD channel of the non-AP STA may be switched to one of the non-punctured channels of a second non-primary 80-MHz segment (denoted as “non-primary 80-MHz segment 2” in FIG. 5) after PD channel switching. In this example, the non-AP STA changes not only its PD channel but also its parking segment (in which the new PD channel is located); Fig 14)); and announcing the backoff channels of the subchannels of the BSS operating channel for use in wireless communications (Fig. 13 and 14), wherein the subchannels include a primary subchannel and at least one non-primary subchannel(P. 53 discloses… an AP may perform DL transmission(s) to a non-AP STA which is switching to its new PD channel or a new parking segment. Moreover, after the switching delay and/or NAV synchronization delay, the AP may trigger UL transmission(s) to a non-AP STA which is switching to its new PD channel or a new parking segment).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over US-20210345404-A1 to Lu et al., from hereon Lu in view of US-20190239226-A1 to Chu et al, from hereon Chu-226.
Regarding claim 4 Lu teaches…the device of claim 3, Lu teaches…wherein the subchannels comprise a plurality of 80MHz subchannels (Fig. 5B. )or 160MHz subchannels, but does not teach…and wherein the BSS operating channel comprises a 160MHz BSS operating channel or a 320MHz BSS operating channel.
Chu-226 teaches… and wherein the BSS operating channel comprises a 160MHz BSS operating channel or a 320MHz BSS operating channel (P. 41 discloses the operational channels of 160MHz ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of LU by incorporating the teachings of Chu-226 because the method and device allow for various modes of support for various channels up to a maximum bandwidth for each device and sends information corresponding that gets received or discarded if the second device cannot support such capacity (Chu-226, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 5 Lu teaches…the device of claim 1, but does not teach…wherein the wireless transceiver is further configured to transmit a data unit to the second device in a backoff channel of the non-primary subchannel.
Chu-226 teaches… wherein the wireless transceiver is further configured to transmit a data unit to the second device in a backoff channel of the non-primary subchannel (P. 76 discloses…the configuration and transmission on a non-primary subchannel … and to perform CCA/backoff operations 708-2, 708-3, 708-4 corresponding, respectively, to the non-primary channels 704-2, 704-3 and 704-4, in an embodiment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of LU by incorporating the teachings of Chu-226 because the method and device allow for various modes of support for various channels up to a maximum bandwidth for each device and sends information corresponding that gets received or discarded if the second device cannot support such capacity via primary or non-primary channels (Chu-226, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Claim(s) 9, 10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US-20210345404-A1 to Lu et al., from hereon Lu in view of US-20140301294-A1 to Kwon et al., from hereon Kwon.
Regarding claim 9 Lu teaches…the device of claim 1, but does not teach…wherein the controller is further configured to allocate different priorities to the subchannels of the BSS operating channel.
Kwon teaches… wherein the controller is further configured to allocate different priorities to the subchannels of the BSS operating channel (P. 7 and P. 36, discloses… the configuration to allocate different priorities the subchannels a subchannel having a top priority among subchannels excluding a subchannel used for the FST. Two STAs may exclude, from the list, a subchannel including interference caused by an overlapping BSS (OBSS). Alternatively, the link setter 230 may include, in the list, a subchannel including interference caused by the OBSS and in this instance, may assign a relatively low priority to the subchannel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of LU by incorporating the teachings of Kwon because the method and device allow for various modes of configuration that includes setting priorities for subchannels and follow set priorities for operation (Kwon, P. 7). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 10 Lu and Kwon teach…the device of claim 9, Kwon teaches…wherein the wireless transceiver is further configured to announce the different priorities of the subchannels of the BSS operating channel (P. 36… a subchannel having a top priority among subchannels excluding a subchannel used for the FST. Two STAs may exclude, from the list, a subchannel including interference caused by an overlapping BSS (OBSS). Alternatively, the link setter 230 may include, in the list, a subchannel including interference caused by the OBSS and in this instance, may assign a relatively low priority to the subchannel).
Regarding claim 19 Lu teaches…the wireless AP of claim 18, but does not teach…wherein the controller is further configured to allocate different priorities to the subchannels of the BSS operating channel.
Kwon teaches… wherein the controller is further configured to allocate different priorities to the subchannels of the BSS operating channel(P. 7 and P. 36, discloses… the configuration to allocate different priorities the subchannels a subchannel having a top priority among subchannels excluding a subchannel used for the FST. Two STAs may exclude, from the list, a subchannel including interference caused by an overlapping BSS (OBSS). Alternatively, the link setter 230 may include, in the list, a subchannel including interference caused by the OBSS and in this instance, may assign a relatively low priority to the subchannel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of LU by incorporating the teachings of Kwon because the method and device allow for various modes of configuration that includes setting priorities for subchannels and follow set priorities for operation (Kwon, P. 7). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over US-20210345404-A1 to Lu et al., from hereon Lu in view of US-20230319884-A1 to KO et al., from hereon KO.
Regarding claim 11 Lu teaches…the device of claim 9, but does not teach…wherein the wireless transceiver is further configured to start a transmit opportunity for data unit exchanges with the second device after a backoff counter reaches zero.
Ko teaches… wherein the wireless transceiver is further configured to start a transmit opportunity for data unit exchanges with the second device after a backoff counter reaches zero (P. 237 discloses the setting and counting down of the timer… a backoff counter may be reduced by a predetermined number and the backoff procedure may be started. In this instance, the predetermined number may be determined based on the time spent in decoding the preamble of the PPDU. Furthermore, P. 241 discloses… station may separately set and manage a backoff counter used for the 20 MHz-primary channel and a backoff counter used for a subchannel that is not the 20 MHz-primary channel. Specifically, the station may change a backoff counter for each channel according to a channel access result for each channel. That is, in the case that the station successfully performs transmission in a channel, the station may obtain a new backoff counter for the corresponding channel within CW_min for the backoff counter for the corresponding 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 the combination of LU by incorporating the teachings of Ko because the method and device allow for various modes of configuration for links supporting multi-link operation (Ko, P. 7). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over US-20210345404-A1 to Lu et al., from hereon Lu in view of US-11457448-B2 to Chu et al., from hereon Chu-448.
Regarding claim 16 Lu teaches…the device of claim 1, but does not teach…wherein the device is a component of a multi-link device (MLD).
Chu-448 teaches… wherein the device is a component of a multi-link device (MLD) (Col. 5, Lns. 3-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of LU by incorporating the teachings of Chu-448 because the method and device allow for various modes of configuration for stations that work as AP and non-AP in multi-link operation (Chu448, P. 27). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Allowable Subject Matter
Claim 6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the main reason for abjection of claims 6 is the inclusion of “configured to announce a backoff channel of a subchannel covered by a physical layer protocol data unit (PPDU) as a dummy primary channel for resource unit (RU) coding to the second device when a bandwidth (BW) of a PPDU transmitted between the device and the second device is wider than a BW of a subchannel of the BSS operating channel.” as the prior art of record in stand-alone form nor in combination read into the disclosed claim as supported by the specification. Furthermore, the nearest prior art such as US-20240365383-A1 to Chu, US-20170338935-A1 to Ahn, US-11751191-B2 to Chu, and US-12500659-B1 to Rofougaran disclose the configuration and announcement of operation of backoff channels transmitted between access point whether in aggregate or non-aggregate operation but are silent on the concept of a primary channel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO892: US-20240365383-A1 to Chu, US-20170338935-A1 to Ahn, US-11751191-B2 to Chu, and US-12500659-B1 to Rofougaran.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS SAMARA whose telephone number is (408)918-7582. The examiner can normally be reached Monday - Friday 6-3 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L.S./Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476