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 .
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 1-4 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mighani et al (2009/0310488).
Regarding claims 1, 18, and 20, Mighani discloses a method and an electronic device (see end-user device in figure 1), comprising: circuitry (see End-user device 110 may be, for example, a personal computer, a telephone, a personal digital assistant (PDA) or other device that is enabled for wireless communications, and may enable, for example, data or voice communications over mesh network 100 in paragraph 0026) configured to: detect a first access point associated with a first wireless network within a first predefined radius of the electronic device (see a user may move around with a wireless device (e.g., a WiFi phone, or a PDA) and remain connected to the network. As they are moving away from a first access point (as determined, e.g., by checking the applicable RSSI), a new access point may be detected in paragraph 0084; Device 200 (an access point) typically connects one or more end-user devices within radio range (predefined radius) to the mesh network in paragraph 0030); establish a first connection of the electronic device with the first wireless network, based on the first access point being within the first predefined radius (see an "access point node" means a node in a mesh network that may provide wireless access to at least one end-user device as well as wireless communication with at least one other access point node in the mesh network in paragraph 0018; Device 200 (access point) typically connects one or more end-user devices within radio range to the mesh network and may communicate with other mesh network radio devices located at other nodes of the mesh network in paragraph 0030); determine whether an external network is accessible from the electronic device, based on the established first connection (see external network in figure 1; an access point to provide wireless communications from an end-user device 110 to mesh network 100. One possible communications use for network 100 is to connect end-user device 110 to an external network 112 in paragraph 0021); control detection of a second access point (see AP1 and AP2 in figure 1) associated with a second wireless network within a second predefined radius from the detected first access point (see AP1 is near to AP2 in figure 1), wherein the control of the detection of the second access point is based on the external network being inaccessible from the electronic device, and the first wireless network and the second wireless network correspond to a mesh network of a set of interconnected access points (see the external device 112 is inaccessible from the end-user device in figure 1); determine whether the external network is accessible from the second access point, through the mesh network (see AP1 in figure 1 is accessible to the external network 112 through gateways G1, G2 and G4 but not AP2); and control establishment of a second connection between the first access point and the second access point, based on the external network being accessible from the second access point, through the mesh network, wherein the electronic device is connected to the external network through the established first connection and the control of the established second connection (see each source node initially sends discovery packets into its immediate submesh to the immediate nodes (i.e., neighbors) connected to the source node. The immediate nodes forward the discovery packets to their respective immediate nodes. Each node maintains information about the discovery packets. If a node receives the discovery packet again, the packet will not be forwarded. Finally, typically multiple copies of the discovery packets will reach a given destination node in the mesh network via different routes in paragraph 0063; The nodes in a first-level mesh typically act as an access point to provide wireless communications from an end-user device 110 to mesh network 100. One possible communications use for network 100 is to connect end-user device 110 to an external network 112, which may be, for example, the Internet or another wired or wireless network in paragraph 0021).
Regarding claim 2, Mighani discloses the external network is accessible directly from the second access point (see the external network 112 is accessible directly from AP1 without any other AP in between).
Regarding claims 3 and 19, Mighani discloses the external network is accessible through one or more access points of the mesh network, the one or more access points being other than the first access point and the second access point (see figure 1 where end-user device can access the external network through different routes through different access points).
Regarding claims 4 and 19, Mighani discloses wherein a number of the one or more other access points through which the external network is accessible is less than a predefined hop value (see The central node may refine/reconfigure each of the clusters based on a few selected criteria (e.g., the received signal strength indicator (RSSI) for various communication speeds, the number of nodes, the number of hops within the cluster, and/or the accessibility of the lead and back-up nodes (primary and secondary) to the next higher level of hierarchy in the mesh network) in paragraph 0050).
Regarding claim 15, Mighani discloses the circuitry is further configured to: receive first information indicative of a third signal strength associated with the second wireless network, at the first access point; determine whether the third signal strength associated with the second wireless network is lower than a second threshold; control detection of a fifth access point associated with a fifth wireless network within a fifth predefined radius of the first access point, wherein the control of the detection of the fifth access point is based on the determination that the third signal strength is lower than the second threshold, and the fifth wireless network corresponds to the mesh network of the set of interconnected access points; determine whether the external network is accessible from the fifth access point, through the mesh network; and control establishment of a fifth connection between the first access point and the fifth access point, based on the external network being accessible from the fifth access point, through the mesh network, wherein the electronic device is connected to the external network through the established first connection and the control of the establishment of the fifth connection (see [0061] Each node in a mesh network may typically access a routing table to determine the routes for communications from the node to gateways to external networks (e.g., Internet gateways). This routing table may be stored, for example, in volatile memory 208 and/or non-volatile memory 210. The table entries include the path (nodes) that its packets must traverse to get to that destination. [0062] Device 200 may select routes for a node based on one or more criteria such as, for example, the route that will incur the least number of hops from the node to external network 112 (e.g., the Internet), the quality of the route connection to external network 112, the bandwidth availability along the route, and/or the priority of the end-user device accessing the node. [0063] In one approach, each source node initially sends discovery packets into its immediate submesh to the immediate nodes (i.e., neighbors) connected to the source node. The immediate nodes forward the discovery packets to their respective immediate nodes. Each node maintains information about the discovery packets. If a node receives the discovery packet again, the packet will not be forwarded. Finally, typically multiple copies of the discovery packets will reach a given destination node in the mesh network via different routes in paragraphs 0061-0063).
Regarding claim 16, Mighani discloses the circuitry is further configured to: receive second information indicative of a fourth signal strength associated with the fifth wireless network, at the first access point; and determine whether the fourth signal strength associated with the fifth wireless network is higher than the second threshold, wherein the control of the detection of the fifth access point is further based on the determination that the fourth signal strength is higher than the second threshold (see paragraphs 0061-0063. Note that one access point in the wireless mesh network will has one or more neighboring access points and the one access point can check the signal strength for one or more neighboring access points to choose the best route to the external network).
Regarding claim 17, Mighani discloses the fifth predefined radius corresponds to the second predefined radius (the transmitting power can be set at the access point so that the fifth predefined radius corresponds to the second predefined radius).
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 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over Mighani in view of Michielsen Robin (WO 2023/011917).
Regarding claim 5, Mighani discloses device 200 is programmed to communicate with other nodes that are in close proximity to device 200 such as, for example, where such close proximity is based on closeness in physical distance between nodes or based on the radio signal strength from other nodes as received by device 200 (see paragraph 0031) and a user may move around with a wireless device (e.g., a WiFi phone, or a PDA) and remain connected to the network. As they are moving away from a first access point (as determined, e.g., by checking the applicable RSSI), a new access point may be detected and the connection (e.g., destination IP address) and security (e.g., assignment of a new key), and other content may be either forwarded to or negotiated with a next access point (see paragraph 0084) but doesn't specifically disclose monitor a first signal strength associated with the first wireless network, at the first electronic device; determine whether the monitored first signal strength associated with the first wireless network is lower than a first threshold; detect a third access point associated with a third wireless network within a third predefined radius of the electronic device, wherein the detection of the third access point is based on the determination that the monitored first signal strength is lower than the first threshold; and establish a third connection of the electronic device with the third wireless network, based on the third access point being within the third predefined radius. However, using a threshold to determine a signal strength for selecting a node or a route is well known in the art. Michielsen discloses this feature (see the connectivity information comprises at least one indicator related to one out of: a number of active routing table entries, a number of active neighbour table entries, and a number of neighbours from which a received signal strength is above a certain threshold on page 3, lines 25-28). The claim would have been obvious because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.
Regarding claim 6, Mighani in view of Michielsen discloses the circuitry is further configured to: monitor a second signal strength associated with the third wireless network, at the first electronic device; and determine whether the monitored second signal strength associated with the third wireless network is higher than the first threshold, wherein the detection of the third access point is further based on the determination that the monitored second signal strength is higher than the first threshold (Mighani discloses a mesh network that includes a plurality of subnetworks (see figure 3) and Michielsen discloses the use of threshold for determining the signal strength).
Regarding claim 7, Mighani discloses the third predefined radius corresponds to the first predefined radius (Device 200 typically connects one or more end-user devices within radio range to the mesh network in paragraph 0030. Note that radius can be set for each cell based on the power level setting).
Regarding claim 8, Mighani discloses the circuitry is further configured to determine whether the external network is accessible from the electronic device, based on the established third connection (see each source node initially sends discovery packets into its immediate submesh to the immediate nodes (i.e., neighbors) connected to the source node. The immediate nodes forward the discovery packets to their respective immediate nodes. Each node maintains information about the discovery packets. If a node receives the discovery packet again, the packet will not be forwarded. Finally, typically multiple copies of the discovery packets will reach a given destination node in the mesh network via different routes in paragraph 0063).
Regarding claim 9, Mighani discloses the circuitry is further configured to: control detection of a fourth access point associated with a fourth wireless network within a fourth predefined radius from the detected third access point, wherein the control of the detection of the fourth access point is based on the external network being inaccessible from the electronic device, and the third wireless network and the fourth wireless network correspond to the mesh network of the set of interconnected access points; determine whether the external network is accessible from the fourth access point, through the mesh network; and control establishment of a fourth connection between the third access point and the fourth access point, based on the external network being accessible from the fourth access point, through the mesh network, wherein the electronic device is connected to the external network through the established third connection and the control of the establishment of the fourth connection (Mighani discloses a plurality of access points where the end-user device can connect to (see figure 1). See also paragraph 0063 for route/node selection to the external network from the end-user device).
Regarding claims 10-14, Mighani discloses the features in claims 10-14 because the mesh network disclosed by Mighani includes a plurality of access points located within different subnetworks/submeshes, so any network can be labeled first, second, third, or fourth network and the same can be applied to the access points. The radius can be set depending on the power level setting for each access point.
Conclusion
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/BRIAN D NGUYEN/Primary Examiner, Art Unit 2475