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 § 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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng et al (US 2023/0217489, hereinafter Tseng) and in view of Chen (US 2024/0422636, hereinafter Chen).
Regarding claim 1, Tseng discloses an access point (communication device is an access point, Para [0036]) comprising: a first communicator configured to wirelessly communicate with a communication terminal using a first channel among a plurality of channels (first device with antennas, Fig. 2/4, where the device communicates data to other wireless communication devices using channel A, Para [0033]); a detector configured to detect a priority signal (both first and second device part of the AP detect if there is a radar signal in channel A or B, Para [0035]); and a controller (control circuit, Fig. 4) configured to: the second channel being different from the first channel and satisfying a first condition (there is channel A and channel B, where channel B is available if no radar signal is detected, Para [0033-34]); instruct the detector to monitor the second channel for the priority signal (control circuit controls second device to periodically detect whether there is a radar signal in the target DFS channel B, Para [0033]); and in a case where the first communicator has detected the priority signal in the first channel, switch the first channel to the second channel (radar signal is detected in the operating channel, ceasing transmissions and move to a new channel, selecting the available target channel to switch to, Para [0036]); but does not fully disclose checking the plurality of channels to set a second channel from among the plurality of channels. Chen discloses scanning al channels to obtain parameter of each channel, Para [0063], collecting statistics of channel parameters of the other available channels, Para [0063], where the candidate channel with best channel quality is the target channel, Para [0021-22, 95]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen in the system of Tseng in order to improve channel switching by having an alternative candidate channel to switch of good quality.
Regarding claims 2 and 10, Tseng discloses the access point/method according to claim 1/10, wherein the controller is configured to check each channel of the plurality of channels on every passage of a predetermined time interval to set the second channel. Chen discloses a periodic time slice for scanning the other channels, Para [0063], and it is an obvious technique to one of ordinary skill to periodic check the quality/availability of the other channels.
Regarding claims 3 and 11, Tseng discloses the access point/method according to claim 2/10, wherein the controller is configured to update the predetermined time interval based on a checking result obtained in advance by checking the plurality of channels (updating based on the results, would be an obvious variation to one of ordinary skill in the art).
Regarding claims 4 and 12, Tseng discloses the access point/method according to claim 1/9, wherein the first condition includes at least one of: a number of second communicators respectively connected to the plurality of channels excluding the first communicator; a strength of a signal transmitted from each of the second communicators to the first communicator on each of the plurality of channels; and an amount of noise detected from each of the plurality of channels. Chen discloses the channel parameter obtained from scanning be SNR or SINR, where noise is a factor in channel quality, Para [0073].
Regarding claims 5 and 13, Tseng discloses the access point/method according to claim 1/9, wherein in a case where the first communicator has detected the priority signal and where the detector is monitoring the second channel, the controller is configured to switch the first channel to a third channel which enables the first communicator and the communication terminal to wirelessly communicate with each other and in which the priority signal is not detected (monitoring channel A for presence of radar signals, moving communication for data between two different channels when detecting radar signals in channel A, Para [0035], in this case moving to another target channel C, Para [0034], obvious variation to switch from channel A to channel C).
Regarding claims 6 and 14, Tseng discloses the access point/method according to claim 5/13, wherein the controller is configured to: obtain date-time information; and in a case where the date-time information satisfies a second condition different from the first condition, switch the third channel to the second channel (switching channel based on different timing information, would be an obvious variation to one of ordinary skill in the art).
Regarding claims 7 and 15, Tseng discloses the access point/method according to claim 1/9, wherein upon activation of the first communicator, the controller is configured to switch the first channel to a third channel which is communicable with the communication terminal and in which the priority signal is not detected (activating AP is obvious variation to one of ordinary skill, monitoring channel A for presence of radar signals, moving communication for data between two different channels when detecting radar signals in channel A, Para [0035], in this case moving to another target channel C, Para [0034], obvious variation to switch from channel A to channel C).
Regarding claims 8 and 16, Tseng discloses the access point/method according to claim 1/9, wherein in a case where a second communicator that is different from the first communicator has detected the priority signal, the controller is configured to set the second channel based on a checking result obtained by checking the plurality of channels and based on detection of the priority signal (second device can perform a scan and detect a radar signal on the second channel, Para [0005], in view with Chen the candidate channels are periodic scanned for channel quality and a channel is only available if there is no radar signal, therefore the target channel is set based on that criteria).
Regarding claim 9, Tseng discloses a computer-implemented communication controlling method comprising: a second channel that satisfies a first condition and that is different from a first channel, among the plurality of channels, that is used for wireless communication between a communication terminal and a first communicator (there is channel A and channel B, where channel B is available if no radar signal is detected, Para [0033-34], first device with antennas, Fig. 2/4, where the device communicates data to other wireless communication devices using channel A, Para [0033]); and instructing a detector to monitor the second channel for a priority signal (control circuit controls second device to periodically detect whether there is a radar signal in the target DFS channel B, Para [0033]); and in a case where the first communicator has detected the priority signal in the first channel, switching the first channel to the second channel. (radar signal is detected in the operating channel, ceasing transmissions and move to a new channel, selecting the available target channel to switch to, Para [0036]); but does not disclose checking a plurality of channels to set a second channel, from among the plurality of channels. Chen discloses scanning al channels to obtain parameter of each channel, Para [0063], collecting statistics of channel parameters of the other available channels, Para [0063], where the candidate channel with best channel quality is the target channel, Para [0021-22, 95]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen in the system of Tseng in order to improve channel switching by having an alternative candidate channel to switch of good quality.
Regarding claim 17, Tseng discloses a non-transitory computer-readable recording medium (computer readable medium, Para [0054]) storing a program which, when executed by at least one computer, causes the at least one computer to perform a method comprising: a second channel that satisfies a first condition and that is different from a first channel, among the plurality of channels, that is being used for wireless communication between a communication terminal and a first communicator (there is channel A and channel B, where channel B is available if no radar signal is detected, Para [0033-34], first device with antennas, Fig. 2/4, where the device communicates data to other wireless communication devices using channel A, Para [0033]); instructing a detector to monitor the second channel for a priority signal (control circuit controls second device to periodically detect whether there is a radar signal in the target DFS channel B, Para [0033]); and in a case where the first communicator has detected the priority signal in the first channel, switching the first channel to the second channel. (radar signal is detected in the operating channel, ceasing transmissions and move to a new channel, selecting the available target channel to switch to, Para [0036]); but does not disclose checking a plurality of channels to set a second channel, from among the plurality of channels, Chen discloses scanning al channels to obtain parameter of each channel, Para [0063], collecting statistics of channel parameters of the other available channels, Para [0063], where the candidate channel with best channel quality is the target channel, Para [0021-22, 95]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen in the system of Tseng in order to improve channel switching by having an alternative candidate channel to switch of good quality.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461