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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 6 and 16 are objected to because of the following informalities:
Regarding claim 6 - Line 3 – “a latency” should be -- the latency --.
Regarding claim 6 - Line 4 – “a latency” should be -- a throughput --.
Regarding claim 6 - Line 5 – “a latency” should be -- the throughput --.
Regarding claim 16 – Line 4 – “above” should be -- below--.
Appropriate correction is required.
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 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claims 19 states – “A computer storage medium storing a computer program”. The specification does not explicitly disclose excluding carrier-waves, therefore the examiner suggests amending the claims to state -- A non-transitory computer storage medium storing a computer program --.
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.
Claims 1-19, 22, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abedi et al. (US 2012/0063397 A1) hereinafter Abedi.
Abedi discloses selecting a first channel access mechanism or a second channel access mechanism based on a property of the data, refer to paragraph [0010] - the network device comprising transmission means and reception means for wireless communication with other devices in the network; and control means operable to selectively cause the device to communicate according to two different channel access schemes, a higher throughput scheme and a lower throughput scheme, also refer to paragraph [0015], also, claim 1.
transmitting the data to the second wireless communication device according to the selected channel access mechanism, refer to paragraph [0011] - a network device such as a sensor not only to communicate according to one of two different channel access schemes, but also to undergo a switch from the lower throughput scheme to the higher throughput scheme as a result of a trigger which takes into account the network devices transmission requirements.
Regarding claim 2 – Abedi discloses claim 1. Abedi discloses the second channel access mechanism (CSMA) has a faster average time to access a communication channel than the first channel access mechanism (WiseMac), refer to Figure 14A and paragraph [0137] - The sensors then return to a WiseMAC pattern as evidenced by the longer preamble sent as part of a new data transfer in step S26 as shown in FIG. 14A, also, Figure 15A and paragraph [0139] - Thus a switch instruction back to WiseMAC is sent in S33, that informs the sensor to switch back its mode of operation to WiseMAC. Figure 15A indicates WiseMac has a “longer preamble” which indicates the CSMA protocol (second channel access mechanism) has a faster average time to access the communication channel, also, paragraph [0087].
Regarding claim 3 – Abedi discloses claim 1. Abedi discloses wherein the first channel access mechanism is associated with a communication channel in a first frequency band and the second channel access mechanism is associated with a communication channel in a second frequency band different to the first frequency band, refer to Figure 2 and paragraph [0089] - As shown, there are two alternative frequency bands 101, 102 for the PHY, which are illustrated in FIG. 2. The lower frequency band 101 provides a single 20 kb/s channel centred on 868.3 MHz, and/or ten channels each of 40 kb/s centred on 915 MHz. The higher frequency band 102 provides 16 channels each of 250 kb/s and centred on a frequency of 2.44 GHz. Which of these bands is used will depend on local regulatory requirements,
Regarding claim 4 – Abedi discloses claim 3. Abedi discloses wherein the first frequency band comprises a 5GHz or 6GHz unlicensed band, and the second frequency band comprises a 2.4GHz unlicensed frequency band, refer to paragraph [0004] - Standard IEEE 802.15.4 defines the physical layer (PHY) and medium access control (MAC) sublayer specifications for low data-rate WPANs, although the coverage of an IEEE 802.15.4 network may extend beyond a personal operating space (POS) which typically defines the WPAN and is thus also suitable for somewhat larger-scale industrial deployment. Such slightly larger-scale networks are included within the terms WSN, WPAN and BAN for the purposes of this application. IEEE 802.15.4 has some similarities with a standard for an ad-hoc piconet, IEEE 802.15.3. Such piconets around a person or object typically cover at least 10 m in all directions and envelop the person or object, whether stationary or in motion. They include higher data-rate WPANs. The documents IEEE Std 802.15.4-2006 and IEEEUltra Wideband (UWB) PHY: Operates with a bandwidth of 499.2 MHz. It is mandatory and operates in low (3-5 GHz) and high (6-10 GHz) bands, with channels 2 (3993.6 MHz) and 7 (7987.2 MHz) being mandatory. Narrowband (NB) PHY: Operates in various ISM bands (e.g., 402-405 MHz, 863-870 MHz, 902-928 MHz, 2.4 GHz) with channel bandwidths typically ranging from 300 kHz to 500 kHz. Human Body Communications (HBC) PHY: Operates in bands centered at 16 MHz and 27 MHz with a bandwidth of 4 MHz. Std 802.15.3-2003 are hereby incorporated by reference in their entirety, IEEE.15.6 supports Ultra Wideband (UWB) PHY: Operates with a bandwidth of 499.2 MHz. It is mandatory and operates in low (3-5 GHz) and high (6-10 GHz) bands, with channels 2 (3993.6 MHz) and 7 (7987.2 MHz) being mandatory, Narrowband (NB) PHY: Operates in various ISM bands (e.g., 402-405 MHz, 863-870 MHz, 902-928 MHz, 2.4 GHz) with channel bandwidths typically ranging from 300 kHz to 500 kHz, Human Body Communications (HBC) PHY: Operates in bands centered at 16 MHz and 27 MHz with a bandwidth of 4 MHz, also, Figure 2 and paragraph [0089] - As shown, there are two alternative frequency bands 101, 102 for the PHY, which are illustrated in FIG. 2. The lower frequency band 101 provides a single 20 kb/s channel centred on 868.3 MHz, and/or ten channels each of 40 kb/s centred on 915 MHz. The higher frequency band 102 provides 16 channels each of 250 kb/s and centred on a frequency of 2.44 GHz. Which of these bands is used will depend on local regulatory requirements,
Regarding claim 5 – Abedi discloses claim 2. Abedi discloses wherein the property 5. of the data comprises one or both of a latency condition for the data and/or and a throughput condition for the data, and selecting the first channel access mechanism or the second channel access mechanism based on the property of the data comprises one or more of: selecting the first channel access mechanism when the latency condition comprises a high or relaxed latency constraint, refer to paragraph [0087] - With beacon-less schemes, on the other hand, although the power consumption can be kept very low during inactive periods, the throughput is less guaranteed and the latency time (delay until obtaining channel access) is higher compared with beacon-based schemes, also, paragraph [0134] - FIG. 14A and FIG. 14B show the sequence of events when the sender triggers the switch to CSMA for increased throughput and decreased latency.
Regarding claim 6 – Abedi discloses claim 5. Abedi discloses a high latency comprises a latency that is higher than a latency threshold, and a low latency comprises the latency that is lower than the latency threshold; and/or and a high throughput comprises a throughput that is higher than a throughput threshold, and a low throughput comprises the throughput that is lower than the throughput threshold, refer to paragraph [0024] - The skilled reader will appreciate that the same control/command field of a transmission frame can provide sufficient values to distinguish between classes of devices and/or different trigger levels, also, refer to paragraph [0142] - between the slightly abnormal and emergency situation can be triggered by the measured parameters crossing each threshold in each case. As a skilled reader will appreciate, the increased urgency may be down to the parameter either falling or rising or both, if the parameter has an acceptable range of values, with increasingly unacceptable values to either side of the acceptable range defined by a number of threshold, also, paragraph [0168] - The coordinator analyses the message and compares it to a certain thresholds or derives the urgency level in any of the other ways previously described, also, paragraph [0179] - If the number of sensors with an emergency situation exceeds a certain threshold, the coordinator can decide to switch (in step S104) to a more synchronous and guaranteed network mode of operation such as TDMA/GTS. The coordinator thus sends out a beacon with GTS specification for the sensors involved (that is, the triggered sensors) in order to access the channel. The involved sensors transmit on their allocated slots in step S105 for a number of periods or until the emergency situation is lifted. If the number of emergency sensors falls below the threshold, the coordinator informs the sensors to switch back to CSMA mode, also, paragraphs [0226] and [0227] – (20) Switching to a more guaranteed type mode TDMA/GTS in severe emergency conditions when a number of devices under emergency passes a certain threshold [0227] (21) Switching back to a more relaxed mode such as CSMA when number of devices in emergency fall under a certain threshold,
Regarding claim 7 – Abedi discloses claim 2. Abedi discloses wherein the property
of the data comprises one or both of a latency condition for the data and/or and a throughput
condition for the data, and selecting the first channel access mechanism or the second channel access mechanism based on the property of the data comprises one or more of: selecting the first channel access mechanism when the latency condition comprises no latency constraint; and/or selecting the second channel access mechanism when the latency condition comprises a latency constraint; and/or selecting the first channel access mechanism when the throughput condition comprises a throughput constraint, refer to paragraph [0010] - control means operable to selectively cause the device to communicate according to two different channel access schemes, a higher throughput scheme and a lower throughput scheme, also, paragraph [0130] - All of the examples refer to switches between WiseMAC and CSMA, but the mechanisms are equally appropriate for switches between other channel access modes, the first of which has a lower throughput than the second, also, paragraph [0134] - FIG. 14A and FIG. 14B show the sequence of events when the sender triggers the switch to CSMA for increased throughput and decreased latency.
Regarding claim 8 – Abedi discloses claim 2. Abedi discloses selecting the second channel access mechanism when the type of the application comprises one or both of a delay sensitive application and/or and a low throughput application, or an application that does not have an associated throughput constraint; and selecting the first channel access mechanism when the type of the application comprises a type other than a delay sensitive application or a low throughput application, or an application that does not have an associated latency or delay constraint, refer to paragraph [0009] - This is especially important for emergency situations in which the life of a patient depends on the liability of wireless links in medical applications, or for monitoring mission critical industrial environments such as power stations. However, this requirement must be balanced with the need to provide sufficient network throughput under normal conditions and also in emergency situations. Some channel access schemes are designed for high throughput of data whereas others are more suitable for low throughput, low power situations, also, paragraph [0010] - the network device comprising transmission means and reception means for wireless communication with other devices in the network; and control means operable to selectively cause the device to communicate according to two different channel access schemes, a higher throughput scheme and a lower throughput scheme
Regarding claim 9 – Abedi discloses claim 1. Abedi discloses - wherein one or both: the first channel access mechanism uses Listen Before Talk (LBT) to access a wireless communication channel, refer to paragraph [0079] - One known protocol, which is a packed-based protocol and which avoids the need for a timing reference, is called CSMA-CA for Carrier Sense Multiple Access with Collision Avoidance. In CSMA-CA, whenever a device wishes to transmit within the CAP, it waits for a random period.
Regarding claim 10 – Abedi discloses claim 1. Abedi discloses wherein the method is performed in accordance with a single or the same wireless communication technology or standard, refer to paragraph [0009] - One of the key requirements is IEEE802.15.3, IEEE802.15.4, IEEE802.15.6 and other standards related to wireless networks including network devices powered by batteries, is conserving a battery life. This is especially important for emergency situations in which the life of a patient depends on the liability of wireless links in medical applications, or for monitoring mission critical industrial environments such as power stations. However, this requirement must be balanced with the need to provide sufficient network throughput under normal conditions and also in emergency situations. Some channel access schemes are designed for high throughput of data whereas others are more suitable for low throughput,
Regarding claim 11 – Abedi discloses claim 1. Abedi discloses wherein transmitting the data to the second wireless communication device according to the first channel access mechanism comprises transmitting the data using a bandwidth of 20HMz, 40MHz, 80MHz or 160MHz, and transmitting the data to the second wireless communication device according to the second channel access mechanism comprises transmitting the data using a bandwidth of 1MHz, 2MHz or 4MHz, refer to paragraph [0004] - Standard IEEE 802.15.4 defines the physical layer (PHY) and medium access control (MAC) sublayer specifications for low data-rate WPANs, although the coverage of an IEEE 802.15.4 network may extend beyond a personal operating space (POS) which typically defines the WPAN and is thus also suitable for somewhat larger-scale industrial deployment. Such slightly larger-scale networks are included within the terms WSN, WPAN and BAN for the purposes of this application. IEEE 802.15.4 has some similarities with a standard for an ad-hoc piconet, IEEE 802.15.3. Such piconets around a person or object typically cover at least 10 m in all directions and envelop the person or object, whether stationary or in motion. They include higher data-rate WPANs. The documents IEEE Std 802.15.4-2006 and IEEE Std 802.15.3-2003 are hereby incorporated by reference in their entirety. The IEEE 802.15.6 standard for Wireless Body Area Networks (WBANs) extensively utilizes unlicensed spectrum, specifically targeting Industrial, Scientific, and Medical (ISM) bands, also, paragraph [0013] - One of the major requirements of IEEE 802.15.6 is the issue of efficient channel access and radio resource management suitable for medical applications. Known channel access mechanisms have already been widely exploited by commercial standards such as IEEE 802.15.3 and IEEE 802.15.4, but without giving a special attention to medical devices and other devices which are subject to emergency conditions. Especially the issue of medical and industrial emergencies has not been reflected within the existing standards. IEEE 802.15.6 supports Data Rates UWB: Data rates range from approximately 0.5 Mbps up to 10 Mbps, NB: Data rates typically range from 20 kbps up to 1 Mbps, with higher rates possible in some bands, Data rates range from 164 Kbps to 1.3 Mbps.
Regarding claim 12 – Abedi discloses claim 1. Abedi discloses receiving additional data from the second wireless communication device, wherein the additional data is received according to the selected channel access mechanism or the channel access mechanism other than the selected channel access mechanism, refer to Figure 14A and paragraph [0137] - The sensors then return to a WiseMAC pattern as evidenced by the longer preamble sent as part of a new data transfer in step S26 as shown in FIG. 14A, also, Figure 15A and paragraph [0139] - Thus a switch instruction back to WiseMAC is sent in S33, that informs the sensor to switch back its mode of operation to WiseMAC.
Regarding claim 13 – Abedi discloses claim 1. Abedi discloses further selecting the first channel access mechanism or the second channel access mechanism based on a property of further data; and transmitting the further data to the second wireless communication device or another wireless communication device according to the further selected channel access mechanism, refer to Figure 14A and paragraph [0137] - The sensors then return to a WiseMAC pattern as evidenced by the longer preamble sent as part of a new data transfer in step S26 as shown in FIG. 14A, also, Figure 15A and paragraph [0139] - Thus a switch instruction back to WiseMAC is sent in S33, that informs the sensor to switch back its mode of operation to WiseMAC.
Regarding claim 14 – Abedi discloses claim 13. Abedi discloses wherein further selecting the first channel access mechanism or the second channel access mechanism based on the property of further data comprises selecting the other of the selected first or second channel access mechanism, wherein the property of the data is different to the property of the further data, refer to paragraph [0010] - the network device comprising transmission means and reception means for wireless communication with other devices in the network; and control means operable to selectively cause the device to communicate according to two different channel access schemes, a higher throughput scheme and a lower throughput scheme, also refer to paragraph [0015], also, claim 1, also, refer to paragraph [0009] - Some channel access schemes are designed for high throughput of data whereas others are more suitable for low throughput, also, refer to Figure 14A and paragraph [0137] - The sensors then return to a WiseMAC pattern as evidenced by the longer preamble sent as part of a new data transfer in step S26 as shown in FIG. 14A, also, Figure 15A and paragraph [0139] - Thus a switch instruction back to WiseMAC is sent in S33, that informs the sensor to switch back its mode of operation to WiseMAC.
Refer to claim 15 – Abedi discloses claim 14. Abedi discloses transmitting the further data according to the first channel access mechanism after successful transmission of the data to the second wireless communication device, wherein successful transmission of the data comprises a transmission and zero or more retransmissions of the data to the second wireless communication device, refer to Figures 14A and 15A, and paragraph [0022] - in a preferred embodiment, the indication is sent in an acknowledgement frame (from the device that has received the trigger). The acknowledgement may be an immediate acknowledgement frame sent out directly after receipt of each single frame as known per se for WiseMAC. Alternatively it may be a different type of acknowledgement, for example a delayed acknowledgement frame being sent out only after completion of a data transfer and indicating as a payload how many frames were successfully received or a simple acknowledgement, similar to the delayed acknowledgement at having no pay load. Preferably, the acknowledgement is an immediate acknowledgement frame. The delayed acknowledgements allow different network functionality. In one embodiment, at least two types of acknowledgement are provided and network signalling can instruct which type is used, also, refer to Figure 14A and paragraph [0137] - The sensors then return to a WiseMAC pattern as evidenced by the longer preamble sent as part of a new data transfer in step S26 as shown in FIG. 14A, also, Figure 15A and paragraph [0139] - Thus a switch instruction back to WiseMAC is sent in S33, that informs the sensor to switch back its mode of operation to WiseMAC, also, paragraph [0106] - the device 11 sends a data frame 42 at will using CSMA-CA. In either case, the coordinator optionally acknowledges the successful reception of the data by transmitting an acknowledgment frame 43, also, refer to paragraphs [0107] to [0109], also, paragraph [0083] - the receiver stays awake until it receives the data. After reception of the data, the receiver sends an acknowledgement ACK including the remaining time until its wake up time. Thus, after the reception of the ACK, sender is aware of the next wake up time of the receiver.
Regarding claim 16 – Abedi discloses claim 15. Abedi discloses the first channel access mechanism is selected when a total throughput constraint for the data and the further data is below a total throughput threshold; and the second channel access mechanism is selected when the total throughput constraint for the data and the further data is above the total throughput threshold or there is no total throughput constraint for the data and the further data, refer to refer to paragraph [0024] - The skilled reader will appreciate that the same control/command field of a transmission frame can provide sufficient values to distinguish between classes of devices and/or different trigger levels, also, refer to paragraph [0142] - between the slightly abnormal and emergency situation can be triggered by the measured parameters crossing each threshold in each case. As a skilled reader will appreciate, the increased urgency may be down to the parameter either falling or rising or both, if the parameter has an acceptable range of values, with increasingly unacceptable values to either side of the acceptable range defined by a number of threshold, also, paragraph [0168] - The coordinator analyses the message and compares it to a certain thresholds or derives the urgency level in any of the other ways previously described, also, paragraph [0179] - If the number of sensors with an emergency situation exceeds a certain threshold, the coordinator can decide to switch (in step S104) to a more synchronous and guaranteed network mode of operation such as TDMA/GTS. The coordinator thus sends out a beacon with GTS specification for the sensors involved (that is, the triggered sensors) in order to access the channel. The involved sensors transmit on their allocated slots in step S105 for a number of periods or until the emergency situation is lifted. If the number of emergency sensors falls below the threshold, the coordinator informs the sensors to switch back to CSMA mode, also, paragraphs [0226] and [0227] – (20) Switching to a more guaranteed type mode TDMA/GTS in severe emergency conditions when a number of devices under emergency passes a certain threshold [0227] (21) Switching back to a more relaxed mode such as CSMA when number of devices in emergency fall under a certain threshold,
Regarding claim 17 - Abedi discloses claim 1. Abedi discloses wherein the first channel access mechanism and the second channel mechanism each access a respective channel in unlicensed spectrum, refer to paragraph [0004] - Standard IEEE 802.15.4 defines the physical layer (PHY) and medium access control (MAC) sublayer specifications for low data-rate WPANs, although the coverage of an IEEE 802.15.4 network may extend beyond a personal operating space (POS) which typically defines the WPAN and is thus also suitable for somewhat larger-scale industrial deployment. Such slightly larger-scale networks are included within the terms WSN, WPAN and BAN for the purposes of this application. IEEE 802.15.4 has some similarities with a standard for an ad-hoc piconet, IEEE 802.15.3. Such piconets around a person or object typically cover at least 10 m in all directions and envelop the person or object, whether stationary or in motion. They include higher data-rate WPANs. The documents IEEE Std 802.15.4-2006 and IEEE Std 802.15.3-2003 are hereby incorporated by reference in their entirety. The IEEE 802.15.6 standard for Wireless Body Area Networks (WBANs) extensively utilizes unlicensed spectrum, specifically targeting Industrial, Scientific, and Medical (ISM) bands, also, paragraph [0013] - One of the major requirements of IEEE 802.15.6 is the issue of efficient channel access and radio resource management suitable for medical applications. Known channel access mechanisms have already been widely exploited by commercial standards such as IEEE 802.15.3 and IEEE 802.15.4, but without giving a special attention to medical devices and other devices which are subject to emergency conditions. Especially the issue of medical and industrial emergencies has not been reflected within the existing standards.
Regarding claim 18 – Abedi discloses claim 2. Abedi discloses the first wireless communication device comprises an access point (AP) and the second wireless communication device comprises a station (STA); or the first wireless communication device comprises a station (STA) and the second wireless communication device comprises an access point (AP), refer to Figures 5 and 6 and paragraph [0106] - FIGS. 5 and 6 depict a transfer from the device (Network Device 11) and coordinator (Coordinator 10) for both the beacon-enabled and non beacon-enabled case respectively.
Regarding claim 19 – Abedi discloses A computer storage medium storing a computer program comprising instructions which, when executed on at least one processor, cause the at least one processor to carry out a method according to any of claims 1 to 18 of transmitting data, the method comprising: refer to paragraph [0236] - embodiments of the present invention may be implemented in hardware, or as software modules running on one or more processors, or on a combination thereof. The invention may also be embodied as one or more device or apparatus programs (e.g. computer programs and computer program products) for carrying out part or all of any of the techniques described herein.
Please refer to claim 1 for the remaining elements of claim 19.
Regarding claim 22 – Abedi discloses Apparatus An apparatus in a first wireless communication device for transmitting data to a second wireless communication device, the apparatus comprising a processor and a memory, the memory containing instructions executable by the processor such that the apparatus is operable to: select a first channel access mechanism or a second channel access mechanism based on a property of the data; and transmit the data to the second wireless communication device according to the selected channel access mechanism, Please refer to claims 1 and 19 for the rejection of the elements of claim 22.
Regarding claim 23 – Abedi discloses claim 22. Abedi discloses wherein the second channel access mechanism (CSMA) has a faster average time to access a communication channel than the first channel access mechanism (WiseMAC), refer to refer to Figure 14A and paragraph [0137] - The sensors then return to a WiseMAC pattern as evidenced by the longer preamble sent as part of a new data transfer in step S26 as shown in FIG. 14A, also, Figure 15A and paragraph [0139] - Thus a switch instruction back to WiseMAC is sent in S33, that informs the sensor to switch back its mode of operation to WiseMAC. Figure 15A indicates WiseMac has a “longer preamble” which indicates the CSMA protocol (second channel access mechanism) has a faster average time to access the communication channel, also, paragraph [0087].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jaulin et al. (US 2018/0269993 A1) discloses test method implemented by an apparatus comprising at least two radio communication devices.
Kneckt et al. (US 2016/0149280 A1) discloses controlling discoverability.
Liu et al. (US 12,408,208 B2) discloses method and device for random access in wireless communication system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Pezzlo whose telephone number is (571) 272-3090. The examiner can normally be reached on Monday to Friday from 8:30 AM to 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman A. Abaza, can be reached at telephone number (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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John Pezzlo
3 February 2026
/John Pezzlo/
Primary Examiner, Art Unit 2465B