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 .
The Examiner thanks the Applicant for the well-prepared amendment. The Examiner appreciates the Applicant’s effort to carefully analyze the Office action and make appropriate arguments and amendments.
Status of Claims
Claims 1-22 responded on July 23, 2026 are pending, claims 1,13-14 and 16 are amended, claim 20 is canceled.
Response to Arguments
Applicant’s arguments, see pg. 9-10, filed July 23, 2026, with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, see pg. 8, filed July 23, 2026, with respect to claims 13-14 have been fully considered and are persuasive. The objection of claims 13-14 has been withdrawn.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 and 6-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinha et al. (US 2010/0246416 A1, hereinafter "Sinha") in view of Jea et al. (US 2023/0283514 A1, hereinafter "Jea") and further in view of Gu et al. (US 2014/0204727 A1, hereinafter "Gu").
Regarding claim 1, Sinha discloses a network device configured to facilitate communication between one or more user devices and an external network, the network device comprising at least one processor, storage, and two or more communication modules (Sinha, Fig. 1 130), wherein the two or more communication modules include: a wired communication module adapted to receive an ethernet cable for connecting the network device to the external network (Sinha, Fig. 190); and a wireless communication module, wherein the storage comprises computer-executable instructions which, when executed by the at last one processor, cause the network device to perform a fault detection procedure, the fault detection procedure comprising (Sinha, Fig. 1 180):
detecting a fault in a connection with the external network over the wired communication module (Sinha, [0027] The server 190 can be configured to detect attacks and events, network performance degradation, and network policy compliance on the wireless networks);
connecting to a further network device using the wireless communication module (Sinha, [0028] Specifically, the sensors 180a, 180b and the server 190 can be configured to test WLAN access points 130 for connectivity and performance in the field);
enabling the further network device to test the network device to identify the fault in the connection with the external network over the wired communication module (Sinha, [0028] the server 190 can direct the sensors 180a, 180b to act as WLAN clients capable to connecting and testing the one or more access points 130); and
generating fault determination data representing the cause of the fault (Sinha, [0032] the sensors 204a, 204b as WLAN client devices for purposes of testing and trouble shooting APs remotely).
Sinha discloses testing the first network device with sensor and server but does not explicitly to identify a cause of the fault.
Jea from the same field of endeavor discloses enabling the further network device to test the network device to identify a cause of the fault in the connection with the external network over the wired communication module (Jea, [0054] NMS 150 selects AP 106G as the nearest network neighbor, perhaps based on signal strength. NMS 150 sends, to switch AP 106G, instructions 174 for AP 106H to perform the action to remediate the lost connection and instructs AP 106G to communicate the instructions 174 to perform the action to remediate the lost connection to AP 106H. For example, NMS 150 can send instructions 174 to network management agent 114H on AP 106G).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified remote testing disclosed by Sinha and automatically troubleshooting disclosed by Jea with a motivation to make this modification in order to improve the coverage and capacity SLE metrics and thus to provide an improved wireless experience for the user (Jea, [0075]).
Sinha in view of Jea does not explicitly disclose the further network device being configured to facilitate communication between one or more user devices and the external network, the further network device comprising a wired communication module adapted to receive an ethernet cable for connecting the further network device to the external network and a wireless communication module.
Gu from the same field of endeavor discloses the further network device being configured to facilitate communication between one or more user devices and the external network, the further network device comprising a wired communication module adapted to receive an ethernet cable for connecting the further network device to the external network and a wireless communication module (Gu, Fig. 17 1702 [0112,0115, 0126] The primary access point device 1702 includes a wired network connection… Supported wireless technologies; The primary access point device 1702 may be configured as an intelligent router or bridge; the primary access point device 1702 can use a broadband gateway 1718 to connect to the network 1721).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Gu’s system for AP configuration into Sinha’s remote testing as modified by Jea with a motivation to make this modification in order to detect a network error preventing communication with a service provider system (Gu, [0139]).
Regarding claim 2, Sinha does not explicitly disclose wherein detecting a fault in the connection with the external network over the wired communication module comprises monitoring an operational status of the wired communication module, wherein the operational status of the wired communication module comprises one of a plurality of possible states, the plurality of possible states comprising at least:
a disconnected state; and
a connected state.
Jea from the same field of endeavor discloses wherein detecting a fault in the connection with the external network over the wired communication module comprises monitoring an operational status of the wired communication module, wherein the operational status of the wired communication module comprises one of a plurality of possible states, the plurality of possible states comprising at least:
a disconnected state; and a connected state (Jea, [0039] detect that a network connection with a network device has been lost or dropped. In response to detecting a disconnection with a network device (e.g., a lost or dropped connection)).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified remote testing disclosed by Sinha and automatically troubleshooting disclosed by Jea with a motivation to make this modification in order to improve the coverage and capacity SLE metrics and thus to provide an improved wireless experience for the user (Jea, [0075]).
Regarding claim 3, Sinha does not explicitly disclose wherein monitoring the operational status of the wired communication module comprises monitoring the operational status of the wired communication module for a predetermined period of time, and wherein a fault is detected when the operational status of the wired communication module comprises the disconnected state for the duration of the predetermined period of time.
Jea from the same field of endeavor discloses wherein monitoring the operational status of the wired communication module comprises monitoring the operational status of the wired communication module for a predetermined period of time, and wherein a fault is detected when the operational status of the wired communication module comprises the disconnected state for the duration of the predetermined period of time (Jea, [0090-91] network node 400 is configured to collect statistics and/or sample other data according to a first periodic interval, e.g., every 3 seconds, every 4 seconds, etc.… NMS agent 434 may receive data from NMS 150 that includes instructions for a neighboring network device to perform an action to remediate a lost connection associated with the neighboring device. For example, the neighboring device may have dropped, disconnected, or otherwise lost a connection with network 134 and/or NMS 15).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified remote testing disclosed by Sinha and automatically troubleshooting disclosed by Jea with a motivation to make this modification in order to improve the coverage and capacity SLE metrics and thus to provide an improved wireless experience for the user (Jea, [0075]).
Regarding claim 6, Sinha does not explicitly disclose wherein the storage comprises computerexecutable instructions that, when executed by the at least one processor, cause the network device to trigger execution of the fault detection procedure in response to a booting procedure in the network device.
Jea from the same field of endeavor discloses wherein the storage comprises computerexecutable instructions that, when executed by the at least one processor, cause the network device to trigger execution of the fault detection procedure in response to a booting procedure in the network device (Jea, [0077] The corrective actions may further include restarting a switch and/or a router, invoking down loading of new software to an AP).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified remote testing disclosed by Sinha and automatically troubleshooting disclosed by Jea with a motivation to make this modification in order to improve the coverage and capacity SLE metrics and thus to provide an improved wireless experience for the user (Jea, [0075]).
Regarding claim 7, Sinha discloses; identifying the further network device using the wireless communication module (Sinha, [0062] statistics that the server 750 receives or analyzes from devices monitoring a wireless network);
connecting to the further network device using security credentials (Sinha, [0069] a security tab 806 in the AP test screen 804. Herein, the user can input various parameters, such as SSID, authentication type (Open, Wired Equivalent Privacy (WEP), WPA, WPA2), encryption type (WEP, Temporal Key Integrity Protocol (TKIP), Advanced Encryption Standard (AES)), Extensible Authentication Protocol (EAP) username and EAP type); and sending a request for the further network device to test the network device to identify a cause of the fault in the connection with the external network over the wired communication module (Sinha, [0067] The AP testing 702 program can be configured to automatically adjust these configuration settings responsive to results from remote testing and troubleshooting), but does not explicitly disclose configuring the network device to operate in a station mode for requesting to connect to further network devices.
Jea discloses configuration changes and authentication events.
Gu from the same field of endeavor discloses configuring the network device to operate in a station mode for requesting to connect to further network devices (Gu, [0014] self-configuring wireless systems that include one or more wireless network devices; a primary access point device; and a secondary access point device; wherein the primary access point device and the at least one wireless network device are preconfigured with a respective key so as to enable the primary access point device to establish a secure wireless network with the at least one network device using the respective keys, and wherein the secondary access point device is configured assume coordination for the self-configuring wireless system if a fault associated with the primary access point device occurs).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Gu’s system for AP configuration into Sinha’s remote testing as modified by Jea with a motivation to make this modification in order to detect a network error preventing communication with a service provider system (Gu, [0139]).
Regarding claim 8, Sinha discloses configuring the network device to operate in an access point mode for connecting to further network devices (Sinha, [0006] Testing the access point includes performing layer two connectivity tests and layer three connectivity tests);
receiving a request from the further network device to connect to the network device; and authenticating the request from the further network device (Sinha, [0038] perform various layer two (step 400) and layer three (step 500) connectivity tests.
For example, the layer two 400 tests can include various IEEE 802.11 connectivity tests, such as Authentication).
Regarding claim 9, Sinha discloses wherein enabling the further network
device to test the network device to identify a cause of the fault in the connection with the external network over the wired communication module comprises at least one of:
providing network device system data to the further network device, the network
device system data including an indication of one or more characteristics of the network
device (Sinha, [0044] the layer two connectivity test 400 can provide a wireless connectivity report (step 414)); or providing access for the further network device to test the wired communication module (Sinha, [0046] an IP address is obtained, the sensor performs a ping and traceroute test to see if a client can successfully
ping a known machine on the wired network (step 508)).
Regarding claim 10, Sinha discloses wherein the further network device is a first further network device, and wherein the storage comprises computer-executable instructions which, when executed by the at least one processor, causes the network device to perform a fault determination procedure comprising:
connecting to a second further network device using security credentials stored in the storage, the second further network device being configured to connect to the external network using a respective wired communication module (Sinha, [0025] The sensors 180a, 180b connect to the Ethernet 108 network, and each sensor 180a, 180b is located to monitor, detect, and prevent intrusions over a pre-defined area for wireless activity); and testing the second further network device to identify a cause of a respective fault in a connection of the second further network device with the external network over the respective wired communication module of the second further network device (Sinha, [0036] the AP testing procedure 300 obtains configuration data regarding the AP from the server or from user input (step 312). The configuration data can include security keys, service set identifier (SSID), Internet Protocol (IP) address, AP password, and the like. This data can be stored on the server, such as in a pre-configured profile, or input from the user. The server can include a user-modifiable profile for each AP).
Regarding claim 11, Sinha discloses wherein the fault determination procedure is triggered in response to the network device receiving an instruction over the external network (Sinha, [0007] The wireless monitoring system can further include a graphical user interface for configuring, executing the test of the access point, and providing a test report).
Regarding claim 12, Sinha discloses wherein connecting to the second further network device using the security credentials stored in the storage comprises:
receiving a connection request from the second further network device (Sinha, [0006] Testing the access point includes performing layer two connectivity tests and layer three connectivity tests); and authenticating the second further network device using the security credentials and one or more attributes of the connection request (Sinha, [0038] perform various layer two (step 400) and layer three (step 500) connectivity tests. For example, the layer two 400 tests can include various IEEE 802.11 connectivity tests, such as Authentication).
Regarding claim 13, Sinha discloses wherein testing the second further network device is performed in a response to receiving a testing request from the second further network device (Sinha, [0007] The wireless monitoring system can further include a graphical user interface for configuring, executing the test of the access point, and providing a test report).
Regarding claim 14, Sinha discloses wherein the fault determination procedure comprises, after connecting to the second further network device:
processing one or more characteristics of the second further network device to
identify the respective fault in the connection of the second further network device with
the external network (Sinha, [0044, 46] the layer two connectivity test 400 can provide a wireless connectivity report (step 414); an IP address is obtained, the sensor performs a ping and traceroute test to see if a client can successfully
ping a known machine on the wired network (step 508)); and performing the testing of the second further network device in response to the identified respective fault (Sinha, [0006] Testing the access point includes performing layer two connectivity tests and layer three connectivity tests).
Regarding claim 15, Sinha discloses wherein testing the second network device comprises at least one of:
comparing one or more characteristics of the second further network device with a set of one or more specified characteristics stored in the storage (not given patentable weight due to not selected option); or testing the respective wired communication module of the second further network device (Sinha, [0036] the AP testing procedure 300 obtains configuration data regarding the AP from the server or from user input (step 312). The configuration data can include security keys, service set identifier (SSID), Internet Protocol (IP) address, AP password, and the like. This data can be stored on the server, such as in a pre-configured profile, or input from the user. The server can include a user-modifiable profile for each AP).
Regarding claim 16, Sinha discloses a method of identifying faults in wired connections between network devices and an external network, the network devices being configured to facilitate communication between one or more user devices and the external network (Sinha, Fig. 1 140 (i.e. user device) 130 (i.e. network device)), wherein the method comprises:
detecting a fault in a wired connection between a first network device and the external network (Sinha, [0027, 29] The server 190 can be configured to detect attacks and events, network performance degradation, and network policy compliance on the wireless networks; The network 206 can include wired and wireless components and can be geographically diverse);
establishing a wireless connection between the first network device and a second network device (Sinha, [0028] Specifically, the sensors 180a, 180b and the server 190 can be configured to test WLAN access points 130 for connectivity and performance in the field);
testing the first network device, using a device, to identify a cause of the fault in the wired connection (Sinha, [0028] the server 190 can direct the sensors 180a, 180b to act as WLAN clients capable to connecting and testing the one or more access points 130); and
generating fault determination data representing the cause of the fault (Sinha, [0032] the sensors 204a, 204b as WLAN client devices for purposes of testing and troubleshooting APs remotely).
Sinha discloses testing the first network device with sensor and server but does not explicitly indicating it is second network device.
Jea from the same field of endeavor discloses testing the first network device, using the second network device, to identify a cause of the fault in the wired connection (Jea, [0054] NMS 150 selects AP 106G as the nearest network neighbor, perhaps based on signal strength. NMS 150 sends, to switch AP 106G, instructions 174 for AP 106H to perform the action to remediate the lost connection and instructs AP 106G to communicate the instructions 174 to perform the action to remediate the lost connection to AP 106H. For example, NMS 150 can send instructions 174 to network management agent 114H on AP 106G).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified remote testing disclosed by Sinha and automatically troubleshooting disclosed by Jea with a motivation to make this modification in order to improve the coverage and capacity SLE metrics and thus to provide an improved wireless experience for the user (Jea, [0075]).
Sinha in view of Jea does not explicitly disclose detecting, at a first network device of the network devices.
Gu from the same field of endeavor discloses detecting, at a first network device of the network devices, a fault in a wired connection between the first network device and the external network (Gu, abstract [0112, 0115, 0126] if a fault associated with the primary access point device occurs; The primary access point device 1702 includes a wired network connection… Supported wireless technologies; The primary access point device 1702 may be configured as an intelligent router or bridge; the primary access point device 1702 can use a broadband gateway 1718 to connect to the network 1721).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Gu’s system for AP configuration into Sinha’s remote testing as modified by Jea with a motivation to make this modification in order to detect a network error preventing communication with a service provider system (Gu, [0139]).
Regarding claim 17, Sinha discloses wherein the first network device and the second network device comprise routers configured to enable the user devices to communicate with the external network (Sinha, [0020] installing wireless access points (AP) 130a, 130b to the wired network ( e.g., Ethernet 108 and router 110), personal computers and laptops equipped with wireless local area network (WLAN) cards and other wireless-enabled devices create a wireless network 140a, 140b which can connect to the wired network at broadband speeds).
Regarding claim 18, Sinha does not explicitly disclose wherein the method comprises the second network device sending the fault determination data to a user device associated with the first network device.
Jea from the same field of endeavor discloses wherein the method comprises the second network device sending the fault determination data to a user device associated with the first network device (Jea, [0054] NMS 150 can send instructions 174 to network management agent 114H on AP 106G, which in turn can relay the instructions to network management agent 1141 on AP 106H. Network management agent 1141 can perform the action(s) to remediate its lost connection with network 134 and/or NMS 150).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified remote testing disclosed by Sinha and automatically troubleshooting disclosed by Jea with a motivation to make this modification in order to improve the coverage and capacity SLE metrics and thus to provide an improved wireless experience for the user (Jea, [0075]).
Regarding claim 19, Sinha discloses wherein the method comprises the second network device sending the fault determination data to a remote network management device over a respective wired connection between the second network device and the external network (Sinha, [0006] The sensor includes a monitoring sensor configured to provide wireless network monitoring for wireless network intrusions in conjunction with a server that is in communication with the sensor).
Regarding claim 20, Sinha discloses wherein detecting a fault in the wired connection between the first network node and the external network is performed: at the first network device; or at a remote network management device connected to the external network and configured to test the wired connection with the first network device (Sinha, [0006] The sensor includes a monitoring sensor configured to provide wireless network monitoring for wireless network intrusions in conjunction with a server (i.e. remote network) that is in communication with the sensor).
Regarding claim 21, Sinha discloses the first network device requesting to connect to the second network device, the request being generated using first security credentials stored in the first network device (Sinha, [0062, 67] statistics that the server 750 receives or analyzes from devices monitoring a wireless network; The AP testing 702 program can be configured to automatically adjust these configuration settings responsive to results from remote testing and troubleshooting); and the second network device authenticating the first network device based on the request and second security credentials stored in the second network device (Sinha, [0069] a security tab 806 in the AP test screen 804. Herein, the user can input various parameters, such as SSID, authentication type (Open, Wired Equivalent Privacy (WEP), WPA, WPA2), encryption type (WEP, Temporal Key Integrity Protocol (TKIP), Advanced Encryption Standard (AES)), Extensible Authentication Protocol (EAP) username and EAP type); but does not explicitly disclose configuring the first network device in a station mode for requesting to connect to the second network device.
Jea discloses configuration changes and authentication events.
Gu from the same field of endeavor discloses configuring the first network device in a station mode for requesting to connect to the second network device (Gu, [0014] self-configuring wireless systems that include one or more wireless network devices; a primary access point device; and a secondary access point device; wherein the primary access point device and the at least one wireless network device are preconfigured with a respective key so as to enable the primary access point device to establish a secure wireless network with the at least one network device using the respective keys, and wherein the secondary access point device is configured assume coordination for the self-configuring wireless system if a fault associated with the primary access point device occurs).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Gu’s system for AP configuration into Sinha’s remote testing as modified by Jea with a motivation to make this modification in order to detect a network error preventing communication with a service provider system (Gu, [0139]).
Claims 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinha et al. (US 2010/0246416 A1, hereinafter "Sinha") in view of Jea et al. (US 2023/0283514 A1, hereinafter "Jea") and Gu et al. (US 2014/0204727 A1, hereinafter "Gu") as applied to claim above, and further in view of Patel et al. (US 2007/0140688 A1, hereinafter "Patel").
Regarding claim 4, Sinha in view of Jea does not explicitly disclose wherein the plurality of possible states comprise:
the disconnected state;
the connected state; and
a marginal state.
Patel from the same field of endeavor discloses wherein the plurality of possible states comprise: the disconnected state; the connected state; and a marginal state (Patel, [0029] The code implementing the signaling detection simply needs to check for 5 link downs in 50 seconds, with the clock beginning after the 1st link down is detected. If 5 link downs are detected in 50 seconds, link down signaling would be declared as detected, and the actions described earlier would occur. If 5 link downs are not detected in the 50 second period the link downs were not caused by link down signaling, so the software would reset its internal link down timer 87 and then wait for another link up to down transition (i.e. marginal state) before restarting the 50 second timer).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Partel’s system for transition state into Sinha’s remote testing as modified by Jea with a motivation to make this modification in order to prevent other fibers from being affected by the work on the network (Patel, [0027]).
Regarding claim 5, Sinha in view of Jea does not explicitly disclose wherein detecting a fault comprises monitoring the operational status of the wired communication module for the predetermined period of time and wherein a fault is detected when at least one of the following conditions is satisfied:
(a) the operational status of the wired communication module comprises the
disconnected state for the duration of the predetermined period of time;
(b) the operational status of the wired communication module comprises the
marginal state for the duration of the predetermined period of time; or
(c) the operational status of the wired communication module comprises the
connected state for a portion of the predetermined period of time, wherein the portion of
the predetermined time period is less than a threshold period of time.
Patel from the same field of endeavor discloses wherein a fault is detected when at least one of the following conditions is satisfied:
(a) the operational status of the wired communication module comprises the
disconnected state for the duration of the predetermined period of time;
(b) the operational status of the wired communication module comprises the
marginal state for the duration of the predetermined period of time; or
(c) the operational status of the wired communication module comprises the
connected state for a portion of the predetermined period of time, wherein the portion of the predetermined time period is less than a threshold period of time (Patel, [0029] The code implementing the signaling detection simply needs to check for 5 link downs in 50 seconds, with the clock beginning after the 1st link down is detected. If 5 link downs are detected in 50 seconds, link down signaling would be declared as detected, and the actions described earlier would occur. If 5 link downs are not detected in the 50 second period the link downs were not caused by link down signaling, so the software would reset its internal link down timer 87 and then wait for another link up to down transition (i.e. marginal state) before restarting the 50 second timer).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Partel’s system for transition state into Sinha’s remote testing as modified by Jea with a motivation to make this modification in order to prevent other fibers from being affected by the work on the network (Patel, [0027]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LUNA WEISSBERGER/ Examiner, Art Unit 2415
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