DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8, 10, 12-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16-23, 25, 27-34, 44 of U.S. Patent No. 10,069,548 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison.
Claim
Instant Application
Claim
US Patent 10,069,548 B2
1
A computer-implemented method, comprising:
providing access to a wireless access point including:
a plurality of antennas;
circuitry in communication with the plurality of antennas; and
at least one radio in communication with the circuitry;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to a first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to a second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission in connection with a first multiple of the antennas, based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission in connection with a second multiple of the antennas, based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the first multiple of the antennas;
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the second multiple of the antennas;
receiving third information from a third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of a third transmission in connection with a third multiple of the antennas, based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the third multiple of the antennas, via a second wireless protocol including a 802.11n protocol, where the first wireless protocol includes another 802.11 protocol other than the 802.11n protocol.
16
A computer-implemented method, comprising:
providing access to an access point including:
a plurality of directional antennas;
circuitry in communication with the directional antennas; and
at least one radio in communication with the circuitry;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to a first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to a second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission in connection with a first multiple of the directional antennas, based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission in connection with a second multiple of the directional antennas, based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the first multiple of the directional antennas;
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the second multiple of the directional antennas;
receiving third information from a third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of a third transmission in connection with a third multiple of the directional antennas, based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the third multiple of the directional antennas, via a second wireless protocol including a 802.11n protocol, where the first wireless protocol includes another 802.11 protocol other than the 802.11n protocol.
2
The computer-implemented method of Claim 1, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is different, in at least one respect, from the at least one channel, for preventing interference between the third transmission via the 802.11n protocol, and at least one of the first transmission or the second transmission via the another 802.11 protocol.
17
The computer-implemented method of claim 16, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is different, in at least one respect, from the at least one channel, for preventing interference between the third transmission via the 802.11n protocol, and at least one of the first transmission or the second transmission via the another 802.11 protocol.
3
The computer-implemented method of Claim 2, wherein a plurality of radios are utilized including a first radio configured to communicate via the another 802.11 protocol and a second radio configured to communicate via the 802.11n protocol, and different antennas are used for the another 802.11 protocol and the 802.11n protocol, so that sufficient resources are available to the 802.11n protocol and the another 802.11 protocol, when at least a portion of the third transmission occurs simultaneously with at least one of the first transmission or the second transmission.
18
The computer-implemented method of claim 17, wherein a plurality of radios are utilized including a first radio configured to communicate via the another 802.11 protocol and a second radio configured to communicate via the 802.11n protocol, and different antennas are used for the another 802.11 protocol and the 802.11n protocol, so that sufficient resources are available to the 802.11n protocol and the another 802.11 protocol, when at least a portion of the third transmission occurs simultaneously with at least one of the first transmission or the second transmission.
4
The computer-implemented method of Claim 3, wherein the at least one channel includes multiple channels that, together, have a greater bandwidth than the particular channel.
19
The computer-implemented method of claim 18, wherein the at least one channel includes multiple channels that, together, have a greater bandwidth than the particular channel.
5
The computer-implemented method of Claim 1, wherein the at least one channel includes multiple channels including a first channel and a second channel, and the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the first channel, and the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the second channel.
20
The computer-implemented method of claim 16, wherein the at least one channel includes multiple channels including a first channel and a second channel, and the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the first channel, and the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the second channel.
6
The computer-implemented method of Claim 1, wherein the first transmission and the second transmission are both initiated on the at least one channel which includes the same single channel.
21
The computer-implemented method of claim 16, wherein the first transmission and the second transmission are both initiated on the at least one channel which includes the same single channel.
7
The computer-implemented method of Claim 1, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is different from the at least one channel.
22
The computer-implemented method of claim 16, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is different from the at least one channel.
8
The computer-implemented method of Claim 1, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is the same as the at least one channel.
23
The computer-implemented method of claim 16, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is the same as the at least one channel.
9
The computer-implemented method of Claim 1, wherein the first transmission occurs simultaneously with the second transmission with both the first transmission and the second transmission using all of the antennas.
10
The computer-implemented method of Claim 1, wherein the first multiple of the antennas and the second multiple of the antennas each share at least one of the antennas.
25
The computer-implemented method of claim 16, wherein the first multiple of the directional antennas, the second multiple of the directional antennas, and the third multiple of the directional antennas each share at least one of the directional antennas.
11
The computer-implemented method of Claim 1, wherein the first multiple of the antennas and the second multiple of the antennas are the same antennas.
12
The computer-implemented method of Claim 1, and further comprising: utilizing a plurality of radios including a first radio configured to communicate via the another 802.11 protocol and a second radio configured to communicate via the 802.11n protocol, so that sufficient resources are available to the 802.11n protocol and the another 802.11 protocol, when at least a portion of the third transmission occurs simultaneously with at least one of the first transmission or the second transmission.
27
The computer-implemented method of claim 16, and further comprising: utilizing a plurality of radios including a first radio configured to communicate via the another 802.11 protocol and a second radio configured to communicate via the 802.11n protocol, so that sufficient resources are available to the 802.11n protocol and the another 802.11 protocol, when at least a portion of the third transmission occurs simultaneously with at least one of the first transmission or the second transmission.
13
The computer-implemented method of Claim 1, wherein a channel difference is used for the 802.11n protocol and the another 802.11 protocol for increased data throughput.
28
The computer-implemented method of claim 16, wherein different radios and different antennas are used for the 802.11n protocol and the another 802.11 protocol for increased data throughput.
14
The computer-implemented method of Claim 1, wherein different radios, different antennas, and a channel difference are used for the first wireless protocol and the second wireless protocol for increased data throughput.
29
The computer-implemented method of claim 16, wherein different radios, different antennas, and a channel difference are used for the first wireless protocol and the second wireless protocol for increased data throughput.
15
A computer-implemented method, comprising:
positioning one or more wireless access points so that the one or more wireless access points provide a coverage dictated by a positioner of the one or more wireless access points, each of the one or more wireless access points including:
a plurality of antennas;
circuitry in communication with the plurality of antennas; and
at least one radio in communication with the circuitry;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to a first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to a second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission, based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission, based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving third information from a third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of a third transmission, based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device, via a second wireless protocol including a 802.11n protocol, where the first wireless protocol includes another 802.11 protocol other than the 802.11n protocol.
30
A computer-implemented method, comprising:
positioning one or more access points so that the one or more access points provide a coverage dictated by a positioner of the one or more access points, each of the one or more access points including:
a plurality of directional antennas;
circuitry in communication with the directional antennas; and
at least one radio in communication with the circuitry;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to a first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to a second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission in connection with a first multiple of the directional antennas, based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission in connection with a second multiple of the directional antennas, based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the first multiple of the directional antennas;
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the second multiple of the directional antennas;
receiving third information from a third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of a third transmission in connection with a third multiple of the directional antennas, based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the third multiple of the directional antennas, via a second wireless protocol including a 802.11n protocol, where the first wireless protocol includes another 802.11 protocol other than the 802.11n protocol.
16
The computer-implemented method of Claim 15, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is different, in at least one respect, from the at least one channel, for preventing interference between the third transmission via the 802.11n protocol, and at least one of the first transmission or the second transmission via the another 802.11 protocol.
31
The computer-implemented method of claim 30, wherein the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via a particular channel that is different, in at least one respect, from the at least one channel, for preventing interference between the third transmission via the 802.11n protocol, and at least one of the first transmission or the second transmission via the another 802.11 protocol.
17
The computer-implemented method of Claim 16, wherein a plurality of radios are utilized including a first radio configured to communicate via the another 802.11 protocol and a second radio configured to communicate via the 802.11n protocol, and different antennas are used for the another 802.11 protocol and the 802.11n protocol, so that sufficient resources are available to the 802.11n protocol and the another 802.11 protocol, when at least a portion of the third transmission occurs simultaneously with at least one of the first transmission or the second transmission.
32
The computer-implemented method of claim 31, wherein a plurality of radios are utilized including a first radio configured to communicate via the another 802.11 protocol and a second radio configured to communicate via the 802.11n protocol, and different antennas are used for the another 802.11 protocol and the 802.11n protocol, so that sufficient resources are available to the 802.11n protocol and the another 802.11 protocol, when at least a portion of the third transmission occurs simultaneously with at least one of the first transmission or the second transmission.
18
The computer-implemented method of Claim 17, wherein the at least one channel includes multiple channels that, together, have a greater bandwidth than the particular channel.
33
The computer-implemented method of claim 32, wherein the at least one channel includes multiple channels that, together, have a greater bandwidth than the particular channel.
19
The computer-implemented method of Claim 15, wherein the at least one channel includes multiple channels including a first channel and a second channel, and the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the first channel, and the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the second channel.
34
The computer-implemented method of claim 30, wherein the at least one channel includes multiple channels including a first channel and a second channel, and the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the first channel, and the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device is initiated via the second channel.
20
A computer-implemented method, comprising:
providing access to a wireless access point including:
a plurality of antennas;
circuitry in communication with the plurality of antennas; and
at least one radio in communication with the circuitry;
sending a first signal to a first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving a second signal from the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
based on the second signal, permitting data communication via the wireless access point for the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
sending a third signal to a second multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving a fourth signal from the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
based on the fourth signal, permitting data communication via the wireless access point for the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission,
based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission,
based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving third information from a third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of a third transmission,
based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device,
via a second wireless protocol.
44
A computer-implemented method, comprising:
providing access to an access point including:
a plurality of directional antennas;
circuitry in communication with the directional antennas; and
at least one radio in communication with the circuitry;
sending a first signal to a first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving a second signal from the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
based on the second signal, permitting data communication via the access point for the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
sending a third signal to a second multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving a fourth signal from the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
based on the fourth signal, permitting data communication via the access point for the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission in connection with a first multiple of the directional antennas, based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission in connection with a second multiple of the directional antennas, based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the first multiple of the directional antennas;
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the second multiple of the directional antennas;
receiving third information from a third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of a third transmission in connection with a third multiple of the directional antennas, based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the third multiple of the directional antennas, via a second wireless protocol including a 802.11n protocol, where the first wireless protocol includes another 802.11 protocol other than the 802.11n protocol.
(1) Regarding claims 1-8, 10, 12-20 :
Claims 15-23, 25, 27-34 and 44 of US Patent 10,069,548 B2 disclose all subject matter of claims 1-8, 10, 12-20 respectively as shown in the above comparison.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 28/26/18 of U.S. Patent No. 9,859,963 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison.
Claim
Instant Application
Claim
US Patent 9,859,963 B2
1
A computer-implemented method, comprising:
providing access to a wireless access point including:
a plurality of antennas;
circuitry in communication with the plurality of antennas; and
at least one radio in communication with the circuitry;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to a first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to a second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission in connection with a first multiple of the antennas, based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission in connection with a second multiple of the antennas, based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the first multiple of the antennas;
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the second multiple of the antennas;
receiving third information from a third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of a third transmission in connection with a third multiple of the antennas, based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the third multiple of the antennas,
via a second wireless protocol including a 802.11n protocol, where the first wireless protocol includes another 802.11 protocol other than the 802.11n protocol.
28/26
/18
A method, comprising:
providing access to an access point including:
a plurality of directional antennas;
circuitry in communication with the directional antennas; and
at least one radio in communication with the circuitry;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to a first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to a second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission in connection with a first multiple of the directional antennas, based on the first information and the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission in connection with a second multiple of the directional antennas, based on the first information and the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the first multiple of the directional antennas; and
transmitting second data in connection with the second transmission to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the second multiple of the directional antennas.
The method of claim 18, wherein a third transmission is initiated to a third multiple-input-multiple-output (MIMO)-capable portable wireless device via a second wireless protocol, and further comprising:
receiving third information from the third multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a third measurement performed by the third multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the third transmission in connection with a third multiple of the directional antennas, based on the third information, so as to direct the third transmission towards the third multiple-input-multiple-output (MIMO)-capable portable wireless device; and
transmitting third data in connection with the third transmission to the third multiple-input-multiple-output (MIMO)-capable portable wireless device, utilizing the third multiple of the directional antennas.
The method of claim 26, wherein the second wireless protocol includes a 802.11n protocol, and the first wireless protocol includes a different 802.11 protocol other than the 802.11n protocol, and further wherein different radios, different antennas, and a difference in channels are used for the first wireless protocol and the second wireless protocol for increased data throughput.
(1) Regarding claims 1:
Claims 28/26/18 of US Patent 9,859,963 B2 disclose all subject matter of claim 1 as shown in the above comparison.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18/15 of U.S. Patent No. 10,211,895 B2 in view of Lastinger et al. (US 2005/0003865 A1).
Claim
Instant Application
Claim
US Patent 10,211,895 B2
15
A computer-implemented method, comprising:
positioning one or more wireless access points so that the one or more wireless access points provide a coverage dictated by a positioner of the one or more wireless access points, each of the one or more wireless access points including:
a plurality of antennas;
circuitry in communication with the plurality of antennas; and
at least one radio in communication with the circuitry;
selecting at least one channel based on one or more channel characteristics, for initiating a first transmission to a first multiple-input-multiple-output (MIMO)-capable portable wireless device and initiating a second transmission to a second multiple-input-multiple-output (MIMO)-capable portable wireless device, such that at least a portion of the first transmission occurs simultaneously with at least a portion of the second transmission and both occur via a first wireless protocol;
receiving first information from the first multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a first measurement performed by the first multiple-input-multiple-output (MIMO)-capable portable wireless device;
receiving second information from the second multiple-input-multiple-output (MIMO)-capable portable wireless device that is based on a second measurement performed by the second multiple-input-multiple-output (MIMO)-capable portable wireless device;
altering at least one aspect of the first transmission, based on at least one of the first information or the second information, so as to direct the first transmission more towards the first multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the second multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
altering at least one aspect of the second transmission, based on at least one of the first information or the second information, so as to direct the second transmission more towards the second multiple-input-multiple-output (MIMO)-capable portable wireless device as compared to the first multiple-input-multiple-output (MIMO)-capable portable wireless device, thereby reducing the interference between the first transmission and the second transmission when the at least portion of the first transmission occurs simultaneously with the at least portion of the second transmission;
transmitting first data in connection with the first transmission to the first multiple-input-mu