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 .
Claim Rejections - 35 USC § 102
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 23-24, 39-40, 43 and 45 are rejected under 35 U.S.C. 102(a2) as being anticipated by Chu et al (US 20220303893 A1, Pro 63164121 Priority Date: Mar 22, 2021).
Regarding claim 23 (Original), Chu’893 discloses a communication method in a wireless network, comprising at a requested multi-link device, MLD (see, Fig. 1A-1B, AP MLD communicates with non-AP MLD in wireless multi-link communications system, par 0050):
receiving, from a requesting MLD (Fig. 1B, AP MLD, par 0056), a requesting Enhanced Multi-Link, EML, Operating Mode, OM, Notification frame (management frame (such as Association Request frame) can be equated to requesting EML OM Notification frame, par 0056) requesting an activation or deactivation of an EML Single-Radio, EMLSR, OM or of an EML Multi-Radio, EMLMR, OM (see, Fig. 1B, non-AP MLD receives from AP MLD the management frame (such as Association Request frame) indicating TWT (Target Wake Time) of eMLSR/eMLMR mode, par 0056-0057, 0064-0066. Noted, wake of eMLSR/eMLMR mode can be equated to activation of EMLSR or EMLMR, sleep of eMLSR/eMLMR mode can be equated to deactivation of EMLSR or EMLMR),
wherein the requesting EML OM Notification frame (management frame (such as Association Request frame) can be equated to requesting EML OM Notification frame, par 0056) includes a single bitmap subfield (Fig. 2B, Link ID Bitmap can be equated to single bitmap subfield, par 0059) that indicates either a set of links to be used (links to which the TWT element is applied can be equated to a set of links to be used, par 0059) in the EMLSR OM if the requesting EML OM Notification frame requests an activation of the EMLSR OM or a set of links to be used in the EMLMR OM if the requesting EML OM Notification frame requests an activation of the EMLMR OM (see, Fig. 1B and 2A-2B, management frame (such as Association Request frame) indicating TWT (Target Wake Time) of eMLSR/eMLMR mode with Link ID Bitmap (in TWT element) indicating links to which the TWT element is applied in eMLSR/eMLMR mode, par 0056-0057, 0059, 0064-0066. Noted, wake of eMLSR/eMLMR mode indicated by TWT element can be equated to activation of EMLSR or EMLMR, par 0059, 0064-0066).
Regarding claim 24 (Original), Chu’893 discloses a communication method in a wireless network, comprising at a requesting multi-link device, MLD (see, Fig. 1A-1B, AP MLD communicates with non-AP MLD in wireless multi-link communications system, par 0050):
sending, to a requested MLD (Fig. 1B, non-AP MLD, par 0056), a requesting Enhanced Multi-Link, EML, Operating Mode, OM, Notification frame (management frame (such as Association Request frame) can be equated to requesting EML OM Notification frame, par 0056) requesting an activation or deactivation of an EML Single-Radio, EMLSR, OM or of an EML Multi-Radio, EMLMR, OM (see, Fig. 1B, AP MLD sending to AP MLD the management frame (such as Association Request frame) indicating TWT (Target Wake Time) of eMLSR/eMLMR mode, par 0056-0057, 0064-0066. Noted, wake of eMLSR/eMLMR mode can be equated to activation of EMLSR or EMLMR, sleep of eMLSR/eMLMR mode can be equated to deactivation of EMLSR or EMLMR),
wherein the requesting EML OM Notification frame (management frame (such as Association Request frame) can be equated to requesting EML OM Notification frame, par 0056) includes a single bitmap subfield (Fig. 2B, Link ID Bitmap can be equated to single bitmap subfield, par 0059) that indicates either a set of links to be used (links to which the TWT element is applied can be equated to a set of links to be used, par 0059) in the EMLSR OM if the requesting EML OM Notification frame requests an activation of the EMLSR OM or a set of links to be used in the EMLMR OM if the requesting EML OM Notification frame requests an activation of the EMLMR OM (see, Fig. 1B and 2A-2B, management frame (such as Association Request frame) indicating TWT (Target Wake Time) of eMLSR/eMLMR mode with Link ID Bitmap (in TWT element) indicating links to which the TWT element is applied in eMLSR/eMLMR mode, par 0056-0057, 0059, 0064-0066. Noted, wake of eMLSR/eMLMR mode indicated by TWT element can be equated to activation of EMLSR or EMLMR, par 0059, 0064-0066).
Regarding claim 39 (Currently Amended), Chu’893 discloses a wireless communication device (see, Fig. 1A-1B, AP MLD communicates with non-AP MLD in wireless multi-link communications system, par 0050) comprising at least one microprocessor (Fig. 1A, processor, par 0039) configured for carrying out the steps of any of the communication method of Claim 23 (see, Fig. 1A, processor of AP MLD/non-AP MLD running software instruction to perform the actions, par 0054, 0103).
Regarding claim 40 (Currently Amended), Chu’893 discloses a non-transitory computer-readable medium storing a program (software instructions are stored in the storage, par 0103) which, when executed by a microprocessor or computer system in a wireless device, causes the wireless device to perform the communication method of Claim 23 (see, software instructions are stored in the storage executed by processor in AP MLD/non-AP MLD to perform the actions, par 0054, 0103).
Regarding claim 43 (new), Chu’893 discloses a wireless communication device (see, Fig. 1A-1B, AP MLD communicates with non-AP MLD in wireless multi-link communications system, par 0050) comprising at least one microprocessor (Fig. 1A, processor, par 0039) configured for carrying out the steps of any of the communication method of Claim 24 (see, Fig. 1A, processor of AP MLD/non-AP MLD running software instruction to perform the actions, par 0054, 0103).
Regarding claim 45 (new), Chu’893 discloses a non-transitory computer-readable medium storing a program (software instructions are stored in the storage, par 0103) which, when executed by a microprocessor or computer system in a wireless device, causes the wireless device to perform the communication method of Claim 24 (see, software instructions are stored in the storage executed by processor in AP MLD/non-AP MLD to perform the actions, par 0054, 0103).
Claims 28-29, 44 and 46-47 are rejected under 35 U.S.C. 102(a2) as being anticipated by Lu et al (US20240080129A1, PCT For Priority Date: May 14, 2021).
Regarding claim 28 (Original), Lu’129 discloses a communication method in a wireless network, comprising at a requested multi-link device, MLD (see, Fig. 1-2, a number of first MLD communicates with second MLD in wireless communication system, par 0095-0096):
receiving, from a requesting MLD (Fig. 7, first MLD sending Association Request frame can be equated to requesting MLD, par 0323, 0325), a first requesting Enhanced Multi-Link Operating Mode, EML OM, Notification frame (Association Request frame can be equated to first requesting EML OM Notification frame, par 0325) requesting an activation of an EML OM (see, Fig. 7 S702, second MLD receives Association Request frame including first fields indicating relationship between link and link set (such as first link belong to EMLMR Link Set), par 0225, 0323, 0325, 0327. Noted, request for EMLMR Link Set can be equated to activation of EML OM), the first requesting EML OM Notification frame (Association Request frame can be equated to first requesting EML OM Notification frame, par 0325) including a field (first field can be equated to field, par 0327) signaling a set of links (link set 1 or 2 can be equated to a set of links, par 0327) to be used in the EML OM (see, first fields indicating which link/links belongs/belong to which link set/link sets may be obtained for EMLMR operation, par 0327-0328. Noted, EMLMR link set is referred to as link set in short, par 0125),
exchanging data with the requesting MLD using the activated EML OM (see, subsequent data reception/transmission between MLDs after EMLMR link set applies, par 0125-0127), and
receiving, from the requesting MLD (Fig. 7, first MLD sending Re-Association Request frame can be equated to requesting MLD, par 0325), a second requesting EML OM Notification frame (Re-Association Request frame can be equated to second requesting EML OM Notification frame, par 0325) requesting a deactivation of the activated EML OM (see, second MLD receives Re-Association Request frame in MLD Re-Setup process including second field set to 0 indicating link(s) not belong to any link set, table 25, par 0307, 0327-0328. Noted, EMLMR link set is referred to as link set in short, par 0125), the second requesting EML OM Notification frame (Re-Association Request frame can be equated to second requesting EML OM Notification frame, par 0325) being deprived of a field signaling a set of links (see, Re-Association Request frame including second field (is set to 0) indicating first field does not exist and first link does not belong to any link set, table 25, par 0307-0308. Noted, first field (indicates a relationship between a first link and at least one link set) does not exist can be equated to deprived of a field signaling a set of links, par 0145, 0307. Noted further, second field further indicate multiple links does not belong to link set and thus second field indicate deactivation of multiple links in EMLMR link set, par 0016).
Regarding claim 29 (Original), Lu’129 discloses a communication method in a wireless network, comprising at a requesting multi-link device, MLD (see, Fig. 1-2, a number of first MLD communicates with second MLD in wireless communication system, par 0095-0096):
sending, to a requested MLD (Fig. 7, second MLD receiving Association Request frame can be equated to requested MLD, par 0323, 0325), a first requesting Enhanced Multi-Link Operating Mode, EML OM, Notification frame (Association Request frame can be equated to first requesting EML OM Notification frame, par 0325) requesting an activation of an EML OM (see, Fig. 7 S702, first MLD sends to second MDL the Association Request frame including first fields indicating relationship between link(s) and link set (such as first link belong to EMLMR Link Set), par 0225, 0323, 0325, 0327. Noted, request for EMLMR Link Set can be equated to activation of EML OM), the first requesting EML OM Notification frame (Association Request frame can be equated to first requesting EML OM Notification frame, par 0325) including a field (first field can be equated to field, par 0327) signaling a set of links to be used in the EML OM (see, first fields indicating which link/links belongs/belong to which link set/link sets may be obtained for EMLMR operation, par 0327-0328. Noted, EMLMR link set is referred to as link set in short, par 0125),
exchanging data with the requested MLD using the activated EML OM (see, subsequent data reception/transmission between MLDs after EMLMR link set applies, par 0125-0127), and
sending, to the requested MLD (Fig. 7, second MLD receiving Association Request frame can be equated to requested MLD, par 0323, 0325), a second requesting EML OM Notification frame (Re-Association Request frame can be equated to second requesting EML OM Notification frame, par 0325) requesting a deactivation of the activated EML OM (see, second MLD receives Re-Association Request frame in MLD Re-Setup process including second field set to 0 indicating link(s) not belong to any link set, table 25, par 0307, 0327-0328. Noted, EMLMR link set is referred to as link set in short, par 0125), the second requesting EML OM Notification frame (Re-Association Request frame can be equated to second requesting EML OM Notification frame, par 0325) being deprived of a field signaling a set of links (see, Re-Association Request frame including second field (is set to 0) indicating first field does not exist and first link does not belong to any link set, table 25, par 0307-0308. Noted, first field (indicates a relationship between a first link and at least one link set) does not exist can be equated to deprived of a field signaling a set of links, par 0145, 0307. Noted further, second field further indicate multiple links does not belong to link set and thus second field indicate deactivation of multiple links in EMLMR link set, par 0016).
Regarding claim 44 (new), Lu’129 discloses a wireless communication device (see, Fig. 1-2, a number of first MLD communicates with second MLD in wireless communication system, par 0095-0096) comprising at least one microprocessor (Fig. 17, processor can be equated to at least one microprocessor, par 0352) configured for carrying out the steps of any of the communication method of Claim 23 (see, Fig. 1-2 and 17, processor in first/second MLD configured to perform various functions, par 0352, 0355).
Regarding claim 46 (new), Chu’893 discloses a non-transitory computer-readable medium storing a program (Fig. 17, software program stored in the memory, par 0355) which, when executed by a microprocessor or computer system (Fig. 17, Processor in first/second MLD, par 0352, 0355) in a wireless device (Fig. 1-2, a number of first MLD communicates with second MLD in wireless communication system, par 0095-0096), causes the wireless device to perform the communication method of Claim 28 (see, Fig. 1-2 and 17, software program stored in the memory executed by processor in first/Second MLD to perform various functions, par 0352, 0355).
Regarding claim 47 (new), Chu’893 discloses a non-transitory computer-readable medium storing a program (Fig. 17, software program stored in the memory, par 0355) which, when executed by a microprocessor or computer system (Fig. 17, Processor in first/second MLD, par 0352, 0355) in a wireless device (Fig. 1-2, a number of first MLD communicates with second MLD in wireless communication system, par 0095-0096), causes the wireless device to perform the communication method of Claim 29 (see, Fig. 1-2 and 17, software program stored in the memory executed by processor in first/Second MLD to perform various functions, par 0352, 0355).
Claim Rejections - 35 USC § 103
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.
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 col. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 26 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Chu’893 in view of Dong (US20260019206A1, Priority Date: Aug 16, 2021).
Regarding claim 26 (Currently Amended), Chu’893 discloses the method of Claim 23 (see, Fig. 1A-1B, AP MLD communicates with non-AP MLD in wireless multi-link communications system, par 0050).
Chu’893 discloses all the claim limitations but fails to explicitly teach:
wherein the requesting EML OM Notification frame includes an EMLSR Mode subfield to be set to 1 or 0 to respectively request an activation or deactivation of the EMLSR mode and an EMLMR Mode subfield to be set to 1 or 0 to respectively request an activation or deactivation of the EMLMR mode.
However Dong’206 from the same field of endeavor (see, Fig. 1, AP MLD communicates with one non-AP MLD through multiple links in wireless LAN, par 0026, 0031) discloses:
wherein the requesting EML OM Notification frame (Enhanced Multi-Link EML operation mode notification frame can be equated to requesting EML OM Notification frame, par 0036) includes an EMLSR Mode subfield (EMLSR mode subfield, par 0043) to be set to 1 or 0 to respectively request an activation or deactivation of the EMLSR mode and an EMLMR Mode subfield (EMLMR mode subfield, par 0043) to be set to 1 or 0 to respectively request an activation or deactivation of the EMLMR mode (see, Fig. 2, table 1-2, Enhanced Multi-Link EML operation mode notification frame including EMLSR mode subfield and EMLMR mode subfield, EMLSR mode subfield set to 1 to indicate EMLSR mode of operation and 0 otherwise, EMLMR mode subfield set to 1 to indicate EMLMR mode of operation and set to 0 otherwise, par 0043-0045).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Dong’206 into that of Chu’893. The motivation would have been to increase the rate and throughput of Wi-Fi technology by supporting the sending and/or receiving function on multiple links (par 0003, 0006).
Regarding claim 42 (New), Claim 42 recites a method performing the steps recited in claim 26 and thereby, is rejected for the reasons discussed above with respect to claim 26.
Allowable Subject Matter
Claim(s) 25, 27 and 41 is/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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dong (US20260019206A1, Priority Date: Aug 16, 2021) discloses:
Since non-AP STA MLD can only maintain one mode at a time, only one Link set information field is needed. For example, if the EMLSR mode bit or the EMLMR mode bit in the EML control field is set to “1”, then the Link set information field is reused. For example, by combining Table 1 and Table 2, if the EMLMR mode subfield is set to “1”, the EMLSR mode subfield is set to “0”, and the link set information is set to “0000 0000 0000 0011”, it can be identified that the EMLMR operation mode will be maintained on the link corresponding to the lowest two bits in the link set information (par 0049).
A bit is used in the EML control field to indicate that the EMLSR mode or EMLMR mode is applicable to all links identified by the non-AP STA MLD during the association process or the multi-link establishment process. For example, if two or more links (for example, 16 links) are established between the non-AP STA MLD and the AP MLD during the association process or the multi-link establishment process, and the Default use is set to a specific value (e.g., 1), it may indicate that the operation mode identified by the EMLSR mode subfield or the EMLMR mode subfield in Table 3 can apply to all the two links or more links established (e.g., 16 links). In this case, the Link ID and the Link set may be omitted from Table 1, thereby simplifying the information carried in the first message frame (par 0057)
the identification information may not be included in the first message frame. That is, the link information may be omitted from the first message frame. For example, Link set is omitted from Table 1, Default use is omitted from Table 3, and only the identification information (for example, EMLSR mode and EMLMR mode in Table 2 and Table 3) for indicating the operation mode to be maintained is included in the first message frame (EML operation mode notification frame). That is to say, the first message frame may not contain information for indicating about which specific links will maintain the corresponding operation modes (par 0060).
YANG et al (US20240187168A1, PCT Priority Date: Aug. 17, 2021) a length of the first indication information is 1 bit. For example, when the bit is 0, it indicates that the non-AP MLD does not support participating in the multi-user EMLSR/EMLMR; and when the bit is 1, it indicates that the non-AP MLD supports participating in the multi-user EMLSR/EMLMR.
Dong et al (US20240422852A1, Priority Date: Dec 04, 2020) disclose:
methods described in the disclosure may also be applied to EMLMR (par 0030).
the first information included in the first message frame may have a format as shown in Table 1 below.
TABLE 1
Format of the first information
Link ID
1
. . .
Link ID n
Handover latency
Referring to Table 1, the first information may include link identifiers corresponding to at least some links for performing the EMLSR operation, i.e., link identifiers 1 to n (n is an integer greater than or equal to 1) in Table 1. Link ID 1 to Link ID n identify that these links are activated so that monitoring or transmission can take place on these links. For example, referring to FIG. 1 , if the EMLSR operation can be performed on the first link, Link 1, and the third link, Link 3, the first information shown in Table 1 may include link identifiers corresponding to the first link, Link 1, and the third link, Link 3, respectively. That is, the first link Link 1 and the third link Link 3 are activated for monitoring or transmission. However, the implementation of carrying the information about the link for performing the EMLSR operation in the first information is not limited thereto. For example, in another embodiment, the first information may include state identifiers respectively corresponding to all multiple links that the multi-link device (e.g., non-AP STA MLD) can support. For example, referring to FIG. 1 , assuming that the non-AP STA MLD can support 3 links, and can perform EMLSR operation on the first link Link 1 and the third link Link 3, then “101” may be included in the first information, the three bits are used to respectively indicate the states of the three links, the bit set to “1” may indicate that it can be used to perform EMLSR operation, and the bit set to “0” may indicate that it can be used to perform EMLSR operation (par 0037-0038). This applies to claim 28 and 29.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUAN LU whose telephone number is (571)272-2844. The examiner can normally be reached on Monday - Friday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KWANG Yao can be reached on (571)272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XUAN LU/ Primary Examiner, Art Unit 2473