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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 9/30/2021. It is noted, however, that applicant has not filed a certified copy of the foreign priority application as required by 37 CFR 1.55.
Response to Arguments
Specification: Applicant has amended the title of the invention and the objection is withdrawn.
Rejections under 35 USC 102/103
Applicant’s Argument: Regarding claim 1, Applicant argues the prior art fails to teach the amended limitation incorporating elements from claim 5 including a number of per-link spatial streams. Applicant first argues Kwon ‘692 does not teach spatial streams. Applicant further argues the secondary reference Kwon ‘536 teaches PPDU exchange subject to per-link spatial stream capabilities. This in no way teaches this is unrelated to the claim feature of performing frame exchange with per-link spatial streams for a first and second link.
Examiner’s Response: Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive. Examiner recognizes that while Kwon ‘692 does not teach a number of streams up to a number indicated in MCS and NSS SET, Kwon ‘692 actually does teach a number of spatial streams, if the number is considered to include one spatial stream, see ¶0061 wherein transmissions from AP units are in space time streams, considered to comprise per-link spatial streams i.e. at least one spatial stream.
Regarding claim 8, Kwon ‘536 clearly teaches that each link may have at least a spatial stream associated, as each link is beholden to per-link spatial stream capabilities, which Examiner argues under broadest reasonable interpretation that any link involved in the frame exchange will have a per-link spatial stream associated with it. However, claim 8 was amended and the scope of the invention is changed, resulting in a new rejection using only Kwon ‘692 and Kwon ‘261.
Applicant’s Argument: Regarding claim 1, Applicant argues the prior art fails to teach the amended limitation incorporating elements from claim 5 in which the number of spatial streams are up to EMLMR SUPPORTED MCS AND NSS SET. Applicant argues Kwon ‘261 teaches a frame exchange restriction including number of spatial streams, but in no way discloses frame exchange sequence with a number of spatial streams up to a value defined in an EMLMR SUPPORTED MCS AND NSS SET subfield.
Examiner’s Response: Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive. In ¶0052 of Kwon ‘261, MCS and NSS values are set, including a number of spatial streams for each link, thus any link is operating up to that number of spatial streams, wherein these values are defined by subfields ¶0077. It is not clear the distinction asserted by Applicant, as Kwon ‘261 teaches any frame exchange over links, such as the first or second in Kwon ‘692, are beholden to spatial stream limit defined by a number defined in the subfield MCS and NSS in Kwon ‘692, which appears to be exactly what is specified in the claim.
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.
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.
Claim(s) 1, 3, 6, 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (“Kwon”) (US 20210385692 A1) in view of Kwon et al. (US 20220104261 A1, hereinafter ‘261).
Regarding claim 1, Kwon teaches:
A communication apparatus configured to operate as a Multi-Link Device based on the Institute of Electrical and Electronics Engineers (IEEE) series standards [¶0056, AP is MLD device comprising multiple APs communicating with MLD STA comprising multiple STAs, and see ¶0115 AP1 and AP2 are part of same MLD AP device], the communication apparatus comprising:
a detection unit [¶0199 processing components] configured to detect reception of a second initiation frame for initiating a frame exchange sequence over a second Enhanced multi-link multi-radio (EMLMR) link [Figure 6, ¶0142 trigger frame TRG2 42 received at AP2 of MLD AP device within predetermined time TO] different from a first EMLMR link from another communication apparatus in a period from reception of a first initiation frame for initiating the frame exchange sequence over the first EMLMR link from the other communication apparatus to transmission of a response frame to the first initiation frame [¶0142, Figure 6, within period T0 from receiving TRG1 620 from STA1 of MLD STA, and see ¶0132 this predetermined time is preconfigured to wait for the another trigger frame (trigger frame for establishing EMLMR link, Examiner notes this may occur before response frame which may be RTS or DATA as the claim does not specify the response frame, see also Figure 4 wherein TRG1 and TRG2 occur at same time thus in time period before ACK 412];
and a control unit configured to perform control to perform the frame exchange sequence with a number of a per-link spatial streams allocated to the first EMLMR link [¶0142, process continues over first link including RTS, CTS, data transmission, ¶0061, wherein transmissions from AP units are in space time streams, considered to comprise per-link spatial streams i.e. at least one spatial stream for each of the defined links from the AP] or a number of per-link spatial streams allocated to the second EMLMR link in a case where the reception of the second initiation frame in the period is detected by the detection unit, wherein in a case where the control unit performs control to continue the frame exchange sequence over the first EMLMR link, the control unit performs control to continue the frame exchange sequence with a number of spatial streams [¶0061 space time stream used, thus at least one spatial stream].
Kwon teaches space time streams (spatial streams) for communication on the link, corresponding to per-link spatial streams, but does not expressly teach up to a number of MCS and NSS SET.
‘261 teaches using a number of spatial streams up to a value defined in an EMLMR SUPPORTED MCS AND NSS SET subfield by the communication apparatus or the other communication apparatus that operates as a non-access point multi-link device (Non-AP MLD) [¶0052, frame exchange continues based on keeping a number of spatial streams to that defined in MCS and NSS SET subfield indicated in the initiation frames].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify indicating the MCS and NSS information with spatial streams as in ‘261 in order that each device may transmit and receive frames on the link where the initial frame was received ¶0053.
Regarding claim 3, Kwon-‘261 teaches:
The communication apparatus according to Claim 1, wherein the control unit performs control to continue the frame exchange sequence over the first EMLMR link or the second EMLMR link based on an EMLMR link establishment order of each link in Multi-Link communication [Kwon ¶0142, Figure 6, link established over e.g. link1 based on order of multi-link communication, the order being TRG1, RTS, CTS, DATA].
Regarding claim 6, Kwon-‘261 teaches:
The communication apparatus according to Claim 1, wherein in a case where the control unit performs control to start the frame exchange sequence over the second EMLMR link with the communication apparatus or the other communication apparatus that operates as a Non-AP MLD [Kwon ¶0142, Figure 6, link established over e.g. link2 of the multi-link].
Kwon teaches multiple links but not based on spatial streams.
‘261 teaches the control unit performs control to continue the frame exchange sequence with a number of spatial streams up to a value defined in an EMLMR SUPPORTED MCS AND NSS SET subfield by the communication apparatus or the other communication apparatus that operates as a Non-AP MLD [¶0052, frame exchange includes spatial streams and MCS].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify indicating the MCS and NSS information with spatial streams as in ‘261 in order that each device may transmit and receive frames on the links where the initial frame was received ¶0053.
Regarding claim 8, Kwon teaches:
A communication apparatus configured to operate as a Multi-Link Device based on the IEEE 802.11 series standards, the communication apparatus [¶056, AP is MLD device comprising multiple APs communicating with MLD STA comprising multiple STAs, and see ¶0115 AP1 and AP2 are part of same MLD AP device] comprising: a detection unit [¶0199 processing components] configured to detect reception of a second initiation frame for initiating a frame exchange sequence over a second EMLMR link [Figure 6, ¶0142 trigger frame TRG2 42 received at AP2 of MLD AP device within predetermined time TO] different from a first EMLMR link from another communication apparatus in a period from reception of a first initiation frame for initiating the frame exchange sequence over the first EMLMR link from the other communication apparatus to transmission of a response frame to the first initiation frame [¶0142, Figure 6, within period T0 from receiving TRG1 620 from STA1 of MLD STA, and see ¶0132 this predetermined time is preconfigured to wait for the another trigger frame (trigger frame for establishing EMLMR link, Examiner notes this may occur before response frame which may be RTS or DATA as the claim does not specify the response frame, see also Figure 4 wherein TRG1 and TRG2 occur at same time thus in time period before ACK 412]; and a control unit configured to perform control to perform the frame exchange sequence in a case where the reception of the second initiation frame in the period is detected by the detection unit [¶0142, process continues over both first and second link including RTS, CTS, data transmission],
and a control unit configured to perform control to perform the frame exchange sequence with a number of a per-link spatial streams allocated to the first EMLMR link [¶0142, process continues over first link including RTS, CTS, data transmission, ¶0061, wherein transmissions from AP units are in space time streams, considered to comprise per-link spatial streams i.e. at least one spatial stream] and a number of per-link spatial streams allocated to the second EMLMR link in a case where the reception of the second initiation frame in the period is detected by the detection unit [Figure 6, ¶0142 trigger frame TRG2 42 received at AP2 of MLD AP device within predetermined time TO, ¶0061, wherein transmissions from AP units are in space time streams, considered to comprise per-link spatial streams i.e. at least one spatial stream], wherein in a case where the control unit performs control to continue the frame exchange sequence over the first EMLMR link, the control unit performs control to continue the frame exchange sequence with a number of spatial streams [¶0061 space time stream used, thus at least one spatial stream].
Kwon teaches space time streams (Spatial streams) for communication on the link, corresponding to per-link spatial streams, but does not expressly teach up to a number of MCS and NSS SET.
‘261 teaches using a number of spatial streams up to a value defined in an EMLMR SUPPORTED MCS AND NSS SET subfield by the communication apparatus or the other communication apparatus that operates as a non-access point multi-link device (Non-AP MLD) [¶0052, frame exchange continues based on keeping a number of spatial streams to that defined in MCS and NSS SET subfield indicated in the initiation frames].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify indicating the MCS and NSS information with spatial streams as in ‘261 in order that each device may transmit and receive frames on the link where the initial frame was received ¶0053.
Regarding claim 9, see similar rejection for claim 1 which teaches the physical structure performing the corresponding method.
Regarding claim 10, see similar rejection for claim 8 which teaches the physical structure performing the corresponding method.
Regarding claim 11, Kwon-‘261 teaches:
A non-transitory computer readable storage medium storing a program for causing a computer to function as each unit of the communication apparatus according to Claim 1 [Kwon ¶0199-201].
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (“Kwon”) (US 20210385692 A1) in view of Kwon et al. (US 20220104261 A1, hereinafter ‘261) and Chu (US 20220303893 A1, effective filing date provisional application 63164121 filed March 22, 2021).
Regarding claim 2, Kwon-‘261 teaches:
The communication apparatus according to Claim 1.
Kwon teaches links but not link IDs.
Chu teaches wherein the control unit performs control to continue the frame exchange sequence over the first EMLMR link or the second EMLMR link based on a link identifier (link ID) assigned to each link in Multi-Link communication [¶0059-64, Link ID bitmap, thus links identified by IDs].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify link IDs. Kwon teaches multiple links called link 1 and link 2 and it would have been obvious to have IDs assigned as in Chu who teaches this allows for addressing the issue of not knowing the links for which MLD will work ¶0063.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (“Kwon”) (US 20210385692 A1) in view of Kwon et al. (US 20220104261 A1, hereinafter ‘261) and Lopez et al. (“Lopez”) (US 20240196331 A1).
Regarding claim 4, Kwon-‘261 teaches:
The communication apparatus according to Claim 1, wherein the control unit performs control to continue the frame exchange sequence over the first EMLMR link or the second EMLMR link [Kwon ¶0142, Figure 6, link established over e.g. link1 of the multi-link].
Kwon teaches multiple links but not based on performance.
Lopez wherein the control unit performs control to continue the frame exchange sequence over the first link or the second link based on communication performance of each link in Multi-Link communication [¶0077-79 select link based on performance].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify link selection based on performance of the link as in Lopez who teaches this results in low latency ¶0078.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (“Kwon”) (US 20210385692 A1) in view of Kwon et al. (US 20220104261 A1, hereinafter ‘261) and Chu et al. (“Chu”) (US 20220330366 A1, effective filing date provisional application 63173845 filed April 12, 2021).
Regarding claim 7, Kwon-‘261 teaches:
The communication apparatus according to Claim 1.
Kwon teaches EMLMR links but not removing.
Chu teaches wherein the control unit removes the EMLMR link used to perform the frame exchange sequence in a case where the frame exchange sequence ends [¶0049, links may be removed after association].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify removing the EMLMR link after association as this is an obvious combination of prior art elements according to known techniques to reconfigure the multi-link connection as in ¶0047.
Examiner’s Note
Examiner recommends specifying the “response frame” in the independent claim as e.g. a CTS and specifying the contents of the initiation frame, as any frame sent by the AP to the STA may be considered a “response frame.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220029736 A1
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L. VOGEL whose telephone number is (303)297-4322. The examiner can normally be reached Monday-Friday 8AM-4:30 PM MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached at 571-272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAY L VOGEL/Primary Examiner, Art Unit 2478
Prosecution Insights