DETAILED ACTION
Claims 1-15 and 17-20 are pending. Note – the claims as filed on 2/22/2024 are missing claim number 16 (see pg. 3). Given that claim numbering must be preserved (see MPEP § 608.01(j)), the examiner will treat claim number 16 as cancelled.
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 .
Priority
The examiner finds support under 35 USC 112(a) for the pending claims within Provisional Application No. 63/486,426 (filed 2/22/20223).
Drawings
The drawings were received on 2/22/2024. These drawings are accepted.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 10 is objected to because of the following informalities: the claim acronym “PPDU” is not defined within the claim. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the claim term “the intra-BSS NAV timer” lacks antecedent basis. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the claim acronym “CCA” is not defined within the claim. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the claim acronym “OBSS” is not defined within the claim and lacks antecedent basis. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the claim acronym “the SIFS” is not defined within the claim and lacks antecedent basis. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the claim ends with a double period. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: if CCA is defined in parent claim 10, then the acronym only needs to be used in the dependent claim. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: the claim term “ the PPDU BW” lacks antecedent basis. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a controller configured to perform a channel switch to a secondary channel at a beginning of a transmit opportunity (TXOP) for remaining frame exchanges within the TXOP in response to the channel switch announcement” in claim 1;
“wherein the controller is configured to perform a channel switch to the secondary channel(s) if the CCA checking indicates the medium idle where CCA checking includes (1) the PHY CCA within the SIFS after the received soliciting Trigger frame to announce the channel switch and (2) the virtual CCA checking by checking the BW of the basic NAV timer and the remaining time of the OBSS TXOP indicated by the basic NAV timer, and sending a responding PPDU if both the PHY CCA and virtual CCA indicate the switched secondary channel(s)” in claim 10; and
“the controller of the second device is configured to maintain bandwidth information in the basic NAV timer of the second device” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. See at least Fig. 1, elements 152 and 156, Fig.3, and Fig. 9, and paragraphs [0021], [0022], [0030] – [0037], and [0060] – [0062].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 5, 10, 11, and 12 recite the limitation "the controller of the second device." There is insufficient antecedent basis for this limitation in the claim. The examiner notes that independent claim 1 is directed toward a wireless communication device, and the dependent claims of 1 further limit the wireless communication device. In addition, the first limitation of claim 1 is directed toward receiving a channel switch announcement message from a first device. Yet, the rejected claims refer to the controller of the second device, where the relationship between the controller, the wireless communication device, and the second device is unknown. It is unclear how “the second device” relates to the claims, i.e., whether it is a typographical reference to the wireless communication device, the first device, or another device entirely. Based on this ambiguity,
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.
Claims 1, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang et al. (US PG Pub 20200132829).
As per claim 1, Jiang et al. teach a wireless communication device [Jiang, ¶ 0082, “The wireless device 700 may be a…STA 504 (e.g., FIG. 5)”] comprising:
a transceiver [Jiang, ¶ 0083, “The wireless device 700 may include processing circuitry 708. The processing circuitry 708 may include a transceiver 702”, The wireless device includes a transceiver (see fig, 7, element 702).] configured to receive on a primary channel from a first device, a channel switch announcement from the first device [Jiang, ¶ 0151, “For putting the users on the 80 MHz channel, a channel switch request/announcement may be sent on the 10 MHz channel before the ranging trigger. The indication of channel switch may be sent earlier so that the users have more time for the channel switching”, A channel switch announcement message is sent by an AP to STAs on a 10 MHz primary channel for the intent of data exchange on an 80 MHz secondary channel (see also ¶s 0137 and 0140).]; and
a controller [Jiang, ¶ 0084, “The MAC circuitry 706 may control access to the wireless medium. The wireless device 700 may also include memory 710 arranged to perform the operations described herein, e.g., some of the operations described herein may be performed by instructions stored in the memory 710”, The MAC processing circuitry (see element 706) interacts with the transceiver to control MAC level messaging (which includes channel switch announcement).] configured to perform a channel switch to a secondary channel at a beginning of a transmit opportunity (TXOP) for remaining frame exchanges within the TXOP in response to the channel switch announcement [Jiang, ¶ 0153, “Namely, after the channel switch request/announcement is sent, the user or AP should be ready in the 80 MHz channel within SIFS or a duration on the order of SIFS…A TXOP duration or a duration staying on another channel should be specified in the channel switch request/announcement frame or NDPA frame or trigger frame so that the users know how long they should stay on the 80 MHz channel”, The channel switch announcement message may include a TXOP for indicating how long a STA should remain on the secondary channel for operation (i.e. perform frame exchanges – see fig. 8, step 850).].
As per claim 15, Jiang et al. teach the wireless communication device of claim 1. Jiang et al. also teach wherein the remaining frame exchanges cover the primary channel [Jiang, ¶ 0153, “Namely, after the channel switch request/announcement is sent, the user or AP should be ready in the 80 MHz channel within SIFS or a duration on the order of SIFS…A TXOP duration or a duration staying on another channel should be specified in the channel switch request/announcement frame or NDPA frame or trigger frame so that the users know how long they should stay on the 80 MHz channel”, The channel switch announcement message may include a TXOP for indicating how long a STA should remain on the secondary channel for operation (i.e. perform frame exchanges – see fig. 8, step 850).].
As per claim 18, Jiang et al. teach a method comprising:
receiving on a primary channel from a first device, a channel switch announcement from the first device [Jiang, ¶ 0151, “For putting the users on the 80 MHz channel, a channel switch request/announcement may be sent on the 10 MHz channel before the ranging trigger. The indication of channel switch may be sent earlier so that the users have more time for the channel switching”, A channel switch announcement message is sent by an AP to STAs on a 10 MHz primary channel for the intent of data exchange on an 80 MHz secondary channel (see also ¶s 0137 and 0140).]; and
performing a channel switch to a secondary channel at a beginning of a transmit opportunity (TXOP) for remaining frame exchanges within the TXOP in response to the channel switch announcement [Jiang, ¶ 0153, “Namely, after the channel switch request/announcement is sent, the user or AP should be ready in the 80 MHz channel within SIFS or a duration on the order of SIFS…A TXOP duration or a duration staying on another channel should be specified in the channel switch request/announcement frame or NDPA frame or trigger frame so that the users know how long they should stay on the 80 MHz channel”, The channel switch announcement message may include a TXOP for indicating how long a STA should remain on the secondary channel for operation (i.e. perform frame exchanges – see fig. 8, step 850).].
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 14, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (US PG Pub 20200132829) in view of Lu et al. (US PG Pub 2021/0345404).
As per claim 14, Jiang et al. teach the wireless communication device of claim 1. Jiang et al. do not explicitly teach wherein the transceiver is configured to perform a frame exchange with the first device during the TXOP using the basic NAV timer.
However, in an analogous art, Lu et al. teach wherein the transceiver is configured to perform a frame exchange with the first device during the TXOP using the basic NAV timer [Lu, ¶ 0053, “Under a proposed scheme in accordance with the present disclosure with respect to PD channel switching delay, a non-AP STA (e.g., STA 120) may perform CCA after switching to a new PD channel or a new parking segment until a frame (e.g., PPDU) is detected by which the non-AP STA can set its network allocation vector (NAV) to synchronize with the new PD channel”, Fig. 12 shows channel switching between a primary channel and a preamble detection (PD) channel, where after the channel switching the non-AP STA uses a NAV from the AP for operating in the secondary, PD channel.].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the NAV timing of Lu et al. within the context of the TXOP of the channel switch announcement message as taught by Jiang et al. One would have been motivated to do this because a NAV timer and TXOP are known parameters for running a secondary preamble detection (PD) channel (see Lu, ¶s 0051 and 0053) with a reasonable expectation of success.
As per claim 17, Jiang et al. teach the wireless communication device of claim 1. Jiang et al. also teach the transceiver configured to receive a resource unit (RU) Index for the secondary channel from the first device in the secondary channel [Jiang, ¶ 0063, “An allocation of a bandwidth or a number of tones or sub-carriers may be termed a resource unit (RU) allocation”, Resource unit allocation occurs for the channel bandwidth of each channel (see rest of paragraph).].
Jiang et al. do not explicitly teach after performing the channel switch where the RU Index is coded per the PPDU BW.
However, in an analogous art, Lu et al. teach after performing the channel switch where the RU Index is coded per the PPDU BW [Lu, ¶ 0065, “in announcing the one or more PD channels, processor 1312 may exchange control frames (e.g., EHT RTS and CTS frames) at a beginning of the TXOP with the one or more STAs to dynamically update the one or more PD channels in the frequency segment for the TXOP. In such cases, in wireless communicating, processor 1312 may transmit one or more preamble punctured PPDUs to the one or more STAs”, Resource information is conveyed via RTS/CTS control frames (see ¶ 0050). In this instance, the PD channel conveys this information (see ¶ 0075), which in this instance occurs after the switch.].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the control frames of Lu et al. within the context of the managing a secondary channel after the channel switch announcement message as taught by Jiang et al. One would have been motivated to do this because RTS/CTS are known signals for channel setup (see Lu, ¶s 0050 and 0065) with a reasonable expectation of success.
As per claim 20, Jiang et al. teach a method of receiving frames from a first device at a second device associated with the first device, the method comprising:
receiving on a primary channel from a first device, a channel switch announcement from the first device [Jiang, ¶ 0151, “For putting the users on the 80 MHz channel, a channel switch request/announcement may be sent on the 10 MHz channel before the ranging trigger. The indication of channel switch may be sent earlier so that the users have more time for the channel switching”, A channel switch announcement message is sent by an AP to STAs on a 10 MHz primary channel for the intent of data exchange on an 80 MHz secondary channel (see also ¶s 0137 and 0140).]; and
performing a channel switch to a secondary channel at a beginning of a transmit opportunity (TXOP) for remaining frame exchanges within the TXOP in response to the channel switch announcement [Jiang, ¶ 0153, “Namely, after the channel switch request/announcement is sent, the user or AP should be ready in the 80 MHz channel within SIFS or a duration on the order of SIFS…A TXOP duration or a duration staying on another channel should be specified in the channel switch request/announcement frame or NDPA frame or trigger frame so that the users know how long they should stay on the 80 MHz channel”, The channel switch announcement message may include a TXOP for indicating how long a STA should remain on the secondary channel for operation (i.e. perform frame exchanges – see fig. 8, step 850).];
receiving a resource unit index [Jiang, ¶ 0063, “An allocation of a bandwidth or a number of tones or sub-carriers may be termed a resource unit (RU) allocation”, Resource unit allocation occurs for the channel bandwidth of each channel (see rest of paragraph).].
Jiang et al. do not explicitly teach receiving a resource…on the secondary channel after performing the channel switch.
However, in an analogous art, Lu et al. teach receiving a resource…on the secondary channel after performing the channel switch [Lu, ¶ 0065, “in announcing the one or more PD channels, processor 1312 may exchange control frames (e.g., EHT RTS and CTS frames) at a beginning of the TXOP with the one or more STAs to dynamically update the one or more PD channels in the frequency segment for the TXOP. In such cases, in wireless communicating, processor 1312 may transmit one or more preamble punctured PPDUs to the one or more STAs”, Resource information is conveyed via RTS/CTS control frames (see ¶ 0050). In this instance, the PD channel conveys this information (see ¶ 0075), which in this instance occurs after the switch.]; and
decoding the resource unit index for frame exchanges in the secondary channel [Lu, ¶ 0051, “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, it may switch to the new PD channel (e.g., the fourth lowest 20-MHz channel in the secondary 80-MHz segment) as indicated in the EHT RTS frame”, The successful reception of the EHT RTS frame allows for decoding of receptions on the PD channel.].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the control frames of Lu et al. within the context of the managing a secondary channel after the channel switch announcement message as taught by Jiang et al. One would have been motivated to do this because RTS/CTS are known signals for channel setup (see Lu, ¶s 0050 and 0065) with a reasonable expectation of success.
Allowable Subject Matter
Claims 2-13 and 19 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The reference, Zhou et al. (US PG Pub 2025/03651170), teaches switching from a primary channel to a secondary channel (see at least fig. 8). Note – this is a pertinent reference, but it does not have a filing date before the filing date of Provisional Application ‘426.
The reference, Lou et al. (WO 2025/175301), teaches secondary channel access (see at least fig. 3). Note – this is a pertinent reference, but it does not have a filing date before the filing date of Provisional Application ‘426.
The reference, Naik et al. (WO 2025/170774), teaches switching from a primary channel to a secondary channel (see at least fig. 6). Note – this is a pertinent reference, but it does not have a filing date before the filing date of Provisional Application ‘426.
The reference, Asterjadhi et al. (US PG Pub 2025/0080275), teaches switching to a secondary channel, when a primary channel is busy (see at least fig. 7B). Note – this is a pertinent reference, but it does not have a filing date before the filing date of Provisional Application ‘426.
The reference, Levitsky (NPL), teaches using preamble puncturing for multi-user transmission (see figs. 1-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul H. Masur whose telephone number is (571)270-7297. The examiner can normally be reached Monday to Friday, 4:30 AM to 5PM.
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/Paul H. Masur/
Primary Examiner
Art Unit 2417