DETAILED ACTION
Response filed on 7/22/2026 has been entered and made of record.
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 status
No claims are amended.
Claims 1-20 are pending for examination.
Response to arguments
Re: 35 USC § 103 rejection
Applicant’s response has been fully considered but are not persuasive.
Applicant argues: McFarland is applied only for the element directed to managing which "available" network channels the device utilizes, and the Office Action relies on McFarland for maintaining a list of available channels that have passed a channel availability check. Even accepting that characterization, McFarland is not relied upon for – and does not supply - the element that Tang lacks, namely determining, based on the device and network characteristics, whether to engage a DFS mode that enables the device to access a DFS channel. Because neither Tang nor McFarland teaches or suggests this element, the proposed combination does not arrive at the subject matter recited by claims 1, 11, and 16.
Examiner’s response: McFarland Fig.5 shows that during channel availability check 300, when a channel is available, device will operate on the DFS channel while continually monitoring for RADAR on that channel. The disclosure in McFarland thus teaches “whether to engage the recited DFS mode for that device”, as argued by the applicant.
Applicant argues: “The Office Action states that a person of ordinary skill would have combined the references to minimize disruption in communication, relying on McFarland's discussion of switching to an available channel and propagating a channel switch announcement when radar is detected on an already-selected channel. That reason is directed to McFarland's handling of a radar event on a channel already in use; it does not explain why a person of ordinary skill would have modified Tang's priority-group channel-assignment scheme to arrive at the recited per-device determination of whether to engage a DFS mode enabling the device to access a DFS channel. The stated rationale therefore lacks the rational underpinning required to support a conclusion of obviousness and appears to rely on impermissible hindsight reconstruction using the claims as a template.
Examiner’s response: Examiner respectfully disagrees. McFarland discloses:
[0178] “have the temporary topology put all APs into their new locations in the newly optimized tree. Adjust the requested frequencies in the tree as necessary to free the 5 GHz radios of the devices that need to perform a CAC (are changing to a 5 GHz DFS channel) and ensure that children of those devices can connect.”.
[0198] 3. The cloud would communicate those CAC results down to each AP, and to the optimizer whenever an optimization is run for that location.
Based on the disclosures above and the disclosure in
[0162] “the regulatory requirement is only that we stop the AP(s) that detected radar and their immediate clients within 260 ms. Other APs, and other clients, are free to continue transmitting indefinitely if their APs did not see the radar event.”, a person of ordinary skill would be motivated to combine the disclosures in prior arts above to engage in DFS mode whenever they are available to increase number of available channels, as disclosed by McFarland, “In the U.S., utilizing the DFS bands increases the number of available 80 MHz channels from two to six.” In [0046].
35 USC § 103 rejection is not withdrawn.
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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (US 2016/0037542 A), hereinafter “Tang” in view of McFarland et al. (US 2019/0342795 A1), hereinafter “McFarland”.
Claims 1, 11, and 16:
Regarding claim 1, Tang teaches, a method {[abstract] “System and methods are provided for dynamically assigning wireless channels to priority groups based on characteristics of the channels, the environment in which the channels will be used”) comprising:
identifying a connection between a device and a network at a location (Fig.3, step 301; [0042] “In one embodiment, the method 300 may commence at operation 301 with the determining of the layout of the access points 1011-101N in the network environment in which the network system 100 is installed. For example, the network system 100, including the access points 1011-101N, may be installed in an office building or another structure.”; [0043] “operation 301 may determine the layout of the access points 1011-101N in the network environment based on signal strength values from wireless signals transmitted and detected by the access points 1011-101N.”);
analyzing the connection (Fig.3 steps 303; [0058] “the determination of characteristics of the network environment at operation 303”; [0050] “operation 303 may detect all forms of other wireless signals active in the network environment, which may affect wireless channel performance.”), and
determining, based on the analysis, device and network characteristics, the device characteristics indicating networking capabilities of the device (Step: 305; [0051] “At operation 305 the capabilities of the client devices 1051 -105p may be determined. In one embodiment, the capabilities may be relative to currently associated client devices 1051 -105p in the network system 100 while in other embodiments capabilities may be determined relative to historical trends or analysis of client devices 1051 -105p associated with access points 1011 -101N in the network system 100.”; [0052] In one embodiment, the capabilities of the client devices 1051-105p may include the ability to support Dynamic Frequency Selection (DFS) channels”),
the network characteristics indicating a current network configuration of the device on the network ([0048] At operation 303, characteristics of the network environment may be determined. The characteristics of the network environment may include detection of the presence of radio-frequency (RF) interference or wireless channel overlap with other higher priority systems.”; [0052] In one embodiment, the capabilities of the client devices 1051-105p may include the ability to support Dynamic Frequency Selection (DFS) channels”);
determining, based on the determined device and network characteristics, whether to engage a dynamic frequency selector (DFS) mode for the network, the DFS mode enabling the device access to a DFS channel associated with the network (implied by the following disclosures by Tang:
[0063] Operation 309 may also assign channels to groups based on low support by the client devices 1051-105p. For example, operation 305 may determine that one or more of the client devices 1051-105p may not support DFS channels. Accordingly, DFS channels may be moved to lower priority groups based on the level of support by the client devices 1051-105p;
[0064] … in some embodiments, upon determining that only a few client devices 1051-105p support DFS channels, a corresponding few DFS channels may be assigned to higher priority channel groups and each remaining DFS channel may be assigned to lower priority groups;
[0078] … . 6A shows a set of access points 1011-1016 and a client device 1051. In this example, the client device 1051 may be DFS incapable. In this situation, operation 311 may ensure that edge access points 1011 and 1016 do not use DFS channels; and
[0080] … “In some situations, since many client devices 1011-1015 may not support DFS channels, the non-DFS channels/access points 1011-101N may become heavily crowded with both DFS capable client devices 1011-101P and DFS incapable client devices 1011-101P alleviate this overcrowding on non-DFS channels, operation 313 may steer DFS capable client devices 1011-101P access points 1011-101N using DFS channels.”.
Tang teaches, controlling the connection between the device and the network based on the DFS mode determination, (implied by discussion above as per disclosures in [0078] and [0080] describing functionality for managing which available network channels the device utilizes to communicate over the network; Fig.3 shows controllers 103 controls the channel assignments to the access points for the client devices).
Tang however does not teach regarding available channels and thus does not expressly teach, the controlled connection comprising functionality for managing which available network channels the device utilizes to communicate over the network.
McFarland is a prior art teaching, a Wi-Fi system including a plurality of access points each configured to operate on a plurality of channels including Dynamic Frequency Selection (DFS) frequency channels and non-DFS frequency channels; and at least one access point of the plurality of access points is connected to a controller, wherein the controller is configured to coordinate usage of the plurality of channels between the plurality of access points including usage of the DFS frequency channels pursuant to predetermined DFS rules (McFarland: [abstract. and in the same field of endeavor teaches regarding available channels and teaches the claim, the controlled connection comprising functionality for managing which available network channels the device utilizes to communicate over the network (Fig.13; [0047] After the CAC (step 301), if the DFS channel is available (no radar detected (step 302), the device can operate on the DFS channel while continually monitoring for radar on that channel (step 303); [0191] Pre-CAC is the ability to perform a CAC on a channel ahead of time. If the CAC passes, the channel is marked as available; [0302] If a radar is detected during any type of CAC operation, the channel should be marked as unavailable; )
A person of ordinary skill would be motivated to come up with the claimed invention above by combining disclosure by McFarland with that of Tang, motivated to minimize disruption in communication, as disclosed by McFarland in [0306] “If radar is detected during in-service monitoring, the AP is required to switch to an available (or non-DFS) channel, and ensure that the clients associated to the AP stop transmissions in the channel where the radar was detected. In order to minimize disruption and maximize the chance that clients stop transmitting quickly, it is best to propagate a Channel Switch Announcement (CSA) all the way down the tree. A key aspect of this is how quickly the AP must ensure the termination of transmissions.”.
Claim 11 is for a system implementing method of claim 1. Existence of a processor is implied. Claim elements are discussed above in claim 1. Claim is rejected based on rejection of claim 1.
Claim 16 is for non-transitory computer readable storage medium. Claim elements are discussed above in claim 1. Claim is rejected based on rejection of claim 1.
Regarding claim 2, combination of Tang and McFarland teaches the method of claim 1 (discussed above), further comprising:
determining to engage DFS mode, the determination based on the device characteristics indicating the device is compatible with the DFS channel and the network characteristics indicating the DFS channel is available ([0080] In one embodiment, operation 313 may steer client devices 1011-101P to less crowded access points 1011-101N. For example, access points 1011-101N may be assigned DFS and non-DFS channels at operation 311. In some situations, since many client devices 1011-101P may not support DFS channels, the non-DFS channels/access points 1011-101N may become heavily crowded with both DFS capable client devices 1011-101P and DFS incapable client devices 1011-101P. To alleviate this overcrowding on non-DFS channels, operation 313 may steer DFS capable client devices 1011-101P to access points 1011-101N using DFS channel; availability of DFS channel is discussed above in claim 1).
Regarding claim 3, combination of Tang and McFarland teaches the method of claim 2 (discussed above), wherein the control of the connection comprises activating the DFS mode on the network for the device and offloading the device to the DFS channel ([0080], “To alleviate this overcrowding on non-DFS channels, operation 313 may steer DFS capable client devices 1011-101P to access points 1011-101N using DFS channels”).
Regarding claim 4, combination of Tang and McFarland teaches the method of claim 1 (discussed above), wherein the device is one of a set of devices at the location, each of the set of devices being connected to the network (Tang: Fig.1 displays all the client devices are connected as a group to an access point, wherein there are several access points connected to the controllers through the switching fabric.).
Regarding claim 5, combination of Tang and McFarland teaches the method of claim 4 (discussed above), wherein the DFS mode determination for the device is based on device and network characteristics of each other device in the set of devices (implied based on the assignment of channels to the access points based on priority groups, as disclosed in [0008] FIG. 3 shows a method for dynamically assigning wireless channels to priority groups and access points according to one embodiment; [0036] “Grouping and assignment of wireless channels may be performed based on various characteristics and/or factors. For example, the characteristics and/or factors may include client device 1011-101P capabilities ( e.g., support for DFS channels)”).
Claims 6, 14 and 19:
Regarding claim 6, combination of Tang and McFarland teaches the method of claim 5 (discussed above).
Though combination of Tang and McFarland does not expressly teach, wherein the DFS mode is not engaged for the device when at least one of the other devices in the set of devices is not DFS compatible, It would have been obvious to a person of ordinary skill based on the disclosure by Tang in priority groups based on DFS detection, “In one embodiment, only DFS channels in frequency ranges in which RADAR signals are detected may be assigned to low priority groups” ([0061]). Further discussion on DFS based groups are discussed in [0063] and [0064], e.g.. Dynamic assignment of groups are disclosed in claim 6, “dynamically modifying a number of channels assigned to the first group of channels based on characteristics associated with detected client devices.”. The disclosures suggest that characteristics associated with all the devices in a group are similar and when they are not, it is probable that the group assignment is ongoing in a dynamic fashion and any device in the group may refrain from DFS channel assignment
Claim 14 is for a system implementing method of claim 6. Claim elements are discussed above in claim 6. Claim is rejected based on rejection of claim 6.
Claim 19 is for non-transitory computer readable storage medium. Claim elements are discussed above in claim 6. Claim is rejected based on rejection of claim 6.
Regarding claim 7, combination of Tang and McFarland teaches the method of claim 1 (discussed above).
Tang, however, does not teach, method further comprising: analyzing information related to cloud compatibility for the device; and determining whether cloud compatibility exists on the network, via an associated cloud system, for the device.
McFarland in the same field of endeavor teaches the claim (implied by disclosure in McFarland: [0006] FIG. 1 is a network diagram of a distributed Wi-Fi system with cloud-based control;
[0021] “the present disclosure relates to Dynamic Frequency Selection in distributed Wi-Fi networks. In an embodiment, the systems and methods can be implemented in a distributed Wi-Fi system such as a multiple access point system, a mesh system, an access point and repeater(s) system, etc. The systems and methods relate to improved DFS techniques leveraging multiple nodes in a distributed Wi-Fi system as well as cloud-based control.”;
[0025] “The running of the distributed Wi-Fi system 10, therefore, becomes what is commonly known as a "cloud service." The servers 20 can be a cloud-based controller configured to receive measurement data, to analyze the measurement data, and to configure the access points 14 in the distributed Wi-Fi system 10 based thereon, through the cloud 12. The servers 20 can also be configured to determine which access point 14 each of the Wi-Fi client devices 16 connect (associate) with. That is, in an aspect, the distributed Wi-Fi system 10 includes cloud based control (with a cloud-based controller or cloud service) to optimize, configure, and monitor the operation of the access points 14 and the Wi-Fi client devices 16”; and
[0315] Each AP will keep a list of available channels (channels that have passed a CAC or pre-CAC). This list will be synchronized to the cloud (controller) via OVSDB entries; See Fig.7, step 406).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to come up with the claim by combining disclosure by McFarland with that of Tang to improve on the performance of the system, as disclosed by McFarland in [0060] “The distributed Wi-Fi system 10 with the cloud 12 for control has the potential to provide a differentiated DFS
Algorithm”.
Regarding claim 8, combination of Tang and McFarland teaches the method of claim 7 (discussed above).
Regarding the claim, method further comprising: dismissing DFS capabilities for the device based on a determination that the cloud compatibility does not exist, though combination of Tang and McFarland does not teach the claim expressly, it would have been obvious to a person of ordinary skill in the art based on the disclosure by McFarland that all the control for channel monitoring, DFS measurement reporting ([0063] Measurements are made and sent to the cloud by the access points 14 in the distributed Wi-Fi system 10.), and channel allocation is controlled by the cloud controller as discussed above and discussion in [0053], “the present disclosure includes various aspects where a controller (e.g., a cloud controller, a controller embedded in an access point, a controller locally connected to an access point, etc.) is configured to control usage of DFS frequency channels pursuant to predetermined DFS rules.”.
Regarding claim 9, combination of Tang and McFarland teaches the method of claim 7 (discussed above), wherein offloading of the device to the DFS channel is further based on the cloud compatibility determination (implied by the discussion above in claim 8 regarding dismissing DFS if cloud compatibility does not exist; if DFS feature is dismissed, offloading will not take place).
Regarding claim 10, combination of Tang and McFarland teaches the method of claim 1 (discussed above), further comprising: determining a set of 5 GHz radios associated with an access point of a network (Tang: [0052] [0052] In one embodiment, the capabilities of the client devices 1051-105p may include the ability to support Dynamic Frequency Selection (DFS) channels. DFS is the process of detecting RADAR signals”; [0057] “channels 36, 40, 44, 48, 52, 56, 60, 64, 100, 104, 108, 112, 116, 132, 136, 140,149, 153, 157, 161,and 165 corresponding to the 5 GHz spectrum may be available for assignment to access points 1011 -101N); and
determining, based on the device and network characteristics, a distribution between DFS and non-DFS modes ([0055] “In some embodiments, other capabilities of the client devices 1051-105p may be determined at operation 305. For example, operation 305 may determine channels that are not supported by client devices 1011 -101P · Channel support may be based on current client devices 1011 -101P in the network system 100, historic averages of client devices 1011 -101P associating with access points 1011 -101N within the network system 100, and/or general client device 1011 -101P channel support”; distribution also discussed in [0073], [0078]),
wherein when the set of 5 GHz radios includes a single radio, selecting the DFS mode or non-DFS mode based on the device and network characteristics of the single radio ([0071] In the description of operation 311 that follows it is assumed that each access point 1011 -101N includes a single radio. In this scenario, assignment of wireless channels to access points 1011 -101N is understood to be in relation to each radio within these access points 1011 -101N), and when the set of 5 GHz radios includes a plurality of radios, selecting the DFS mode or non-DFS mode for plurality of radios based on the distribution (operation 311 may be similarly applied to access points 1011 -101N with multiple radios such that each radio in each access point 1011 -101N is individually analyzed for assignment of a corresponding wireless channel).
Claims 12 and 17:
Regarding claim 12, combination of Tang and McFarland teaches the method of claim 11 (discussed above).
Tang teaches, wherein the processor is further configured to: determine to engage DFS mode, the determination based on the device characteristics indicating the device is compatible with the DFS channel and the network characteristics indicating the DFS channel is available (discussed above in claim 2), wherein the control of the connection comprises activating the DFS mode on the network for the device and offloading the device to the DFS channel (discussed above in claim 3).
Claim 17 is for non-transitory computer readable storage medium. Claim elements are discussed above in claim 12. Claim is rejected based on rejection of claim 12.
Claims 13 and 18:
Regarding claim 13, combination of Tang and McFarland teaches the method of claim 11 (discussed above), wherein the device is one of a set of devices at the location, each of the set of devices being connected to the network (discussed above in claim 4), and wherein the DFS mode determination for the device is based on device and network characteristics of each other device in the set of devices (discussed above in claim 5).
Claim 18 is for non-transitory computer readable storage medium. Claim elements are discussed above in claim 13. Claim is rejected based on rejection of claim 13.
Claims 15 and 20:
Regarding claim 15, combination of Tang and McFarland teaches the method of claim 11 (discussed above), wherein the processor is further configured to: analyze information related to cloud compatibility for the device; and
determine whether cloud compatibility exists on the network, via an associated cloud system, for the device (discussed above in claim 7),
wherein control of the network connection for the device is further based on the cloud compatibility determination (discussed above in claim 9).
Claim 20 is for non-transitory computer readable storage medium. Claim elements are discussed above in claim 15. Claim is rejected based on rejection of claim 15.
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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/INTEKHAAB A SIDDIQUEE/Primary Examiner, Art Unit 2462
