Detail Off ice 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 .
This office action is in response to the communication dated 2/8/24
Original claims 1-19 are pending.
Claims 6-8 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 19 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. For example, Claim 19 appears to be directed to a system executing the method of claim comprising a “device". Given their broadest, most reasonable interpretations, the device can be understandably be implemented via software module. In such circumstances, the system of claim 19 consists of software per se, and fails to fall within one of the statutory categories of intention (i.e. process, machine, manufacture, or composition of matter). Claim 19 is therefore not limited to statutory embodiments.
Claims 10-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non- statutory subject matter. For example, Claim10 is directed to an "computer program product”." Given their broadest, most reasonable interpretations, the “computer program product” can understandably be implemented via software. In such circumstances, the "computer program product” of claim 10 consists of software per se, and fails to fall within one of the statutory categories of intention (i.e. process, machine, manufacture, or composition of matter). Claim 10 is therefore not limited to statutory embodiments. Under a similar rationale, claims 11-18, which depend from claim 10, are also not limited to statutory embodiments.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1 , 2, 9, 10, 11, and 18- 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Truong et al. U.S. Patent Application Publication No. 2019/0132906[hereinafter Truong].
As per claim 1, 10 and 19 discloses method of transmitting and receiving data between devices via an ad- hoc wireless communication network, the ad-hoc wireless network using a time frame having time slots(see the abstract: establishing timing and processing of network messages in a wireless ad-hoc network each wireless node in the wireless ad-hoc network designated as one of an assigned wireless node initiating and transmitting network messages in a corresponding network slot time ( FIG. 1, 3-5; para. [0020]-[0021], [0031]:
each of the time slots is assignable to one of the devices so that a device assigned to a time slot transmits and receives the data at the assigned time slot, the time frame being created by one of the devices [i.e., each data frame 26 contains network slots 28 and data slots 30; also see para. [0032]: wireless nodes 12 identified wireless node A o Node N have assigned network slots 28A labelled as Slots AN wireless nodes Node A to Node N may transmit network message in their assigned network slots slot NO, wireless A0 Node 13 may transmit in assignee network slot NI; also see para. |0037|: If no wireless network has been established, the wireless node 12 may generate a network ID message as shown in 48 and may set a network frame time and slot time as shown in 50. The wireless node 12 that has generated the network ID message may be assigned Slot NO and may then transmit the network ID message at Slot NO as shown in 52 thereby establishing timing within the ad hoc wireless network 10.
As per claim 2, and 11 Truong the method of claim 1, wherein the created time frame is stored in memory of each of the devices(see par. 0038).
As per claim 9, and 18 Cain discloses the method of claim 2 when device having the stored time frame receives the data, the device synchronizes the stored time frame with a time that the data is received(see par. 0038-0039)
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 3-5 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Truong and further in view of Cain , Joseph Bibb U.S. Patent Application Publication No. 2004/0028018[hereinafter Cain].
As per 3, and 12 Truong disclose substantial features of the claimed invention as discussed above with respect to claims 1, 10 and 19,
Truong does not explicitly disclose the method of claim 1 wherein the time frame comprises priority level, the priority level of the time frame being used to resolve differences between different time frames.
Cain discloses wherein the time frame comprises priority level, the priority level of the time frame being used to resolve differences between different time frames(see par. 0012, 0261-0262). Therefore, it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate the teachings of Cain into the system of Truong , thus by utilizing metrics for each data priority level for each communication link, and schedule demand assigned time slots for establishing additional communication links with the neighboring mobile nodes for transmitting data therebetween based upon the link utilization metrics and data priority levels. The wireless communication network may also provide enhanced interference avoidance and/or mitigation features in certain embodiments.
As per claim 4, and 13 Cain discloses the method of claim 3, wherein the priority level is based on a number of devices assigned to the time slots of the time frame (see pars.0261-0262).
As per claim 5, and 14 Cain The method of any one of claims claim 1, wherein the
time frame spans a period of time and repeats after the period of time(see par. 0264).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM.
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466