DETAILED ACTION
Applicant's response filed on 08/11/2026 has been entered and made of record.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Status
Claims 1 and 8 have been amended.
No claims have been cancelled nor added.
Claims 1-20 are currently pending for examination.
Response to Arguments
Applicant's Remarks (on page 7), filed 08/11/2026, regarding Specification Objections have been fully considered and the specification has been amended. The objection to Specification has been withdrawn.
Applicant's Remarks (on page 7), filed 08/11/2026, regarding Double Patenting have been fully considered and Applicant requested the non-statutory double patenting rejection be held in abeyance. Therefore, the non-statutory double patenting rejection has been maintained.
Applicant's arguments filed 08/11/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant has argued that, “Neither reference, alone or together, discloses or suggests that a device enters a wake up mode from a sleep mode according to a time period set according to a listening interval of an access point.” (see Remarks on page 8-10).
In response to the Applicant's arguments, the Examiner respectfully disagrees because Kim teaches a STA in power saving mode is switched from a doze state to an awake state between beacon intervals and the STA, that is shifted to the awake state during a beacon interval (see ¶ [0137] [0192]). One of ordinary skill in the art would understand that a station in power saving mode would enter into a wake up mode during beacon intervals to monitor or receive frame is a time period or listening interval. If the prior art, Kim, is capable of performing the same functionalities as argued, then it meets the claim. Thus, the argument(s) is/are not persuasive.
This Office is made Final.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,035,405 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 1-20 are generally broader than the respective claims 1-17 in U.S. Patent No. 12,035,405 B2. Broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrow species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying “meat” is obvious double patenting of narrow patent claim specifying “pork”).
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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-3, 6, 8-10, 13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2016/0165637 A1) hereinafter “Kim” in view of Lin et al. (US 2012/0327849 A1) hereinafter “Lin”. The U.S. references, Kim and Lin, were cited in IDS filed 05/28/2024.
Regarding claims 1 and 8, Kim discloses Claim 1 of a method and Claim 8 of a device comprising: a wireless interface configured to communicate with an access point through a wireless communication link; and one processor coupled to the wireless interface (see FIG. 22; see ¶ [0217] [0222], STA includes a processor, a memory and an RF unit), comprising:
in response to entering a wake up mode from a sleep mode according to a time period set according to a listening interval of an access point (see ¶ [0137] [0192], a STA in a power saving mode is switched/entered from a doze state to an awake state beacon intervals in other words, the STA, that is shifted to the awake state during a beacon interval i.e., a time period set according to a listening interval), obtaining, by a device, stored information indicating a wireless channel previously used to communicate with the access point (see ¶ [0137] [0149], STA performs a channel access based on previously stored EDCA parameter and one of the multiple EDCA parameter sets may be used for a channel access).
Although Kim discloses previously stored EDCA parameter related to a channel, but Kim does not explicitly disclose bypassing channel scanning and the wireless channel previously used to communicate.
However, Lin discloses while bypassing channel scanning, monitoring, by the device, for a beacon frame from the access point, through the wireless channel previously used to communicate with the access point indicated by the stored information (see FIG. 4; see ¶ [0008] [0027], using the pre-stored network connection information to establish a link with a predetermined access point without scanning the access points); and
resuming, by the device, wireless communication with the access point using the stored information (see FIG. 4; see ¶ [0008] [0027], using the pre-stored network connection information to establish a link with a predetermined access point without scanning the access points).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide bypassing channel scanning and the wireless channel previously used to communicate as taught by Lin, in the system of Kim, so that it would provide to speed up the network connection time using the pre-stored network connection information after waking up from the sleep mode (Lin: see ¶ [0028]).
Regarding claims 2 and 9, the combined system of Kim and Lin discloses wherein resuming the wireless communication comprises:
in response to receiving the beacon frame, transmitting, by the device to the access point, an association frame that causes the access point to perform association with the device (Kim: see ¶ [0070], STA transmits an association frame).
Regarding claims 3 and 10, the combined system of Kim and Lin discloses further comprising:
monitoring, by the device, for an acknowledgement frame from the access point while bypassing channel scanning (Kim: see ¶ [0070] [0209], in response to the association frame, the AP may transmit the association response frame/ACK frame and Lin: see ¶ [0008] [0027], using the pre-stored network connection information to establish a link with a predetermined access point without scanning the access points).
Regarding claims 6 and 13, the combined system of Kim and Lin discloses further comprising:
generating the stored information according to the wireless channel previously used to communicate with the access point (Kim: see ¶ [0137] [0149], STA performs a channel access based on previously stored EDCA parameter and one of the multiple EDCA parameter sets may be used for a channel access and Lin: see ¶ [0008] [0027], using the pre-stored network connection information to establish a link with a predetermined access point without scanning the access points).
Regarding claim 15, Kim discloses a device (see FIG. 22; see ¶ [0217] [0222], STA) comprising:
a wireless interface configured to communicate with an access point through a wireless communication link (see FIG. 22; see ¶ [0217] [0222], STA includes a processor, a memory and an RF unit); and
one or more processors coupled to the wireless interface (see FIG. 22; see ¶ [0217] [0222], STA includes a processor, a memory and an RF unit), the one or more processors configured to:
determine a time period (see ¶ [0105], STA may determine a time period),
cause the wireless interface to periodically switch between a wake up mode and a sleep mode according to the time period, until an association is completed with the access point, the time period set according to a listening interval of the access point (see ¶ [0137] [0192], a STA in a power saving mode is switched/entered from a doze state to an awake state beacon intervals in other words, the STA, that is shifted to the awake state during a beacon interval i.e., a time period set according to a listening interval and see ¶ [0070-71], after the association process is performed, normal data transmission and reception performed), and
for each switch to the wake up mode from the sleep mode according to the time period (see ¶ [0137] [0192], an STA in a power saving mode is switched/entered from a doze state to an awake state beacon intervals in other words, the STA, that is shifted to the awake state during a beacon interval i.e., a time period set according to a listening interval):
obtain stored information indicating a wireless channel previously used to communicate with the access point (see ¶ [0137] [0149], STA performs a channel access based on previously stored EDCA parameter and one of the multiple EDCA parameter sets may be used for a channel access);
Although Kim discloses previously stored EDCA parameter related to a channel, but Kim does not explicitly disclose bypassing channel scanning and the wireless channel previously used to communicate.
However, Lin discloses while bypassing channel scanning, monitor for a beacon frame from the access point, through the wireless channel indicated by the stored information (see FIG. 4; see ¶ [0008] [0027], using the pre-stored network connection information to establish a link with a predetermined access point without scanning the access points); and
resume wireless communication with the access point using the stored information (see FIG. 4; see ¶ [0008] [0027], using the pre-stored network connection information to establish a link with a predetermined access point without scanning the access points).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide bypassing channel scanning and the wireless channel previously used to communicate as taught by Lin, in the system of Kim, so that it would provide to speed up the network connection time using the pre-stored network connection information after waking up from the sleep mode (Lin: see ¶ [0028]).
Regarding claim 16, the combined system of Kim and Lin discloses wherein the one or more processors are configured to:
cause, for each switch to the wake up mode from the sleep mode according to the time period (Kim: see ¶ [0137], switching/entering from a doze state to an awake state), the wireless interface to transmit an association frame to the access point through the wireless channel indicated by the stored information (Kim: see ¶ [0070], STA transmits an association frame).
Regarding claim 17, the combined system of Kim and Lin discloses wherein the one or more processors are further configured to monitor for an acknowledgement frame from the access point while bypassing channel scanning (Kim: see ¶ [0070] [0209], in response to the association frame, the AP may transmit the association response frame/ACK frame and Lin: see ¶ [0008] [0027], using the pre-stored network connection information to establish a link with a predetermined access point without scanning the access points).
Regarding claim 18, the combined system of Kim and Lin discloses wherein the access point is configured to:
switch between another wake up mode and another sleep mode of the access point, and receive the association frame while the access point is in the another wake up mode during the listening interval (Kim: see ¶ [0070-71], STA transmit the association frame to AP during wake up states).
Regarding claim 19, the combined system of Kim and Lin discloses wherein the one or more processors are configured to determine the time period to allow at least one switch to the wake up mode from the sleep mode to occur while the access point is in the another wake up mode (Kim: see ¶ [0070-71], STA transmit the association frame to AP during wake up states).
Regarding claim 20, the combined system of Kim and Lin discloses wherein the access point is configured to receive the association frame, while bypassing use of beacon frames (Kim: see ¶ [0070], AP receives an association request frame).
Claims 4-5 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Lin further in view of Allen et al. (US 2003/0114204 A1) hereinafter “Allen”. The U.S. reference, Allen, was cited in IDS filed 05/28/2024.
Regarding claims 4 and 11, the combined system of Kim and Lin does not explicitly disclose a target beacon transmission time.
However, Allen discloses wherein the stored information further indicates a target beacon transmission time of the access point (see ¶ [0034], based on stored beacon timing information).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide a target beacon transmission time as taught by Allen, in the combined system of Kim and Lin, so that it would provide to reduce the amount of time allocated to a subsequent beacon receive period (Allen: see ¶ [0034], lines 10-12).
Regarding claims 5 and 12, the combined system of Kim, Lin, and Allen discloses further comprising:
predicting, by the device according to the stored information, a first time at which the access point is scheduled to transmit the beacon frame, wherein the device enters the wake up mode at a second time before the predicted first time (Allen: see ¶ [0034], the initiating network device can remain in the default sleep mode for a longer period of time before waking up to receive the beacon frame based on stored beacon timing information).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Lin further in view of Wang et al. (US 2020/0344695 A1) hereinafter “Wang”. The U.S. reference, Wang, was cited in IDS filed 05/28/2024.
Regarding claims 7 and 14, the combined system of Kim and Lin discloses wherein the access point comprises a soft access point (Kim: see FIG. 1; see ¶ [0038], access point), but does not explicitly disclose a head wearable device.
However, Wang discloses wherein the device comprises a head wearable device (see ¶ [0021], a head-mounted display device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide a head wearable device as taught by Wang, in the combined system of Kim and Lin, so that it would provide a station including a head-mounted display device configured to transmit and/or receive wireless signals (Wang: see ¶ [0021]).
Conclusion
The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure.
LUO (US 2022/0182941 A1) teaches after the Wi-Fi module of the terminal device enters the sleep state, the Wi-Fi access point buffers data of the terminal device during the sleep period of the Wi-Fi module, and the terminal device wakes up the Wi-Fi module and listens for (or receives) a beacon frame from a Wi-Fi access point every predetermined time b. The predetermined time b is a listen interval. [see ¶ 0032]
THIS ACTION IS MADE FINAL. 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 PETER CHEN whose telephone number is (571)270-7241. The examiner can normally be reached Monday - Friday 8:00am to 5:00pm.
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, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER CHEN/Primary Examiner, Art Unit 2462
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