DETAILED ACTION
Claims 1-20 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/12/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 6/12/2024. These drawings are accepted.
Claim Interpretation
MPEP § 2111.04(II) states in relevant part:
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim. If the claimed invention requires the first condition to occur, then the broadest reasonable interpretation of the claim requires step A. If the claimed invention requires both the first and second conditions to occur, then the broadest reasonable interpretation of the claim requires both steps A and B.
…
See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of contingent claim limitations in the context of both method claims and system claims. In Schulhauser, both method claims and system claims recited the same contingent step. When analyzing the claimed method as a whole, the PTAB determined that giving the claim its broadest reasonable interpretation, "[i]f the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed" (quotation omitted). Schulhauser at 10.
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Therefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);" however to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14.
Independent claim 11 recites a method. The claim recites the word “when” as a qualifier for a condition attached to the claimed function (see line 9). The examiner notes that the limitation itself begins with the term “when,” which Merriam-Webster (see citation on PTO-892) defines as “in the event that: if.” In accordance with MPEP § 2111.04(II), conditional limitations within method claims will be treated as not being required to be performed under the BRI.
As per dependent claims 13-15, each claim recites an additional “when” as a qualifier for a condition attached to the claimed function. The examiner notes that the limitation itself begins with the term “when,” which Merriam-Webster (see citation on PTO-892) defines as “in the event that: if.” Therefore, the examiner considers the BRI of dependent claims 13-15 to include a scenario where the determining limitation is not performed.
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 1-5, 9-15, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu et al. (US Patent No. 10,498,670).
As per claim 1, Chu et al. teach a wireless network device, comprising:
a transmitter circuit [Chu, fig. 2, element 202, column 5, lines 47-51]; and
a controller circuitry [Chu, fig. 2, element 201, column 5, lines 43-62] configured to
selectively enable a first backoff timer according to a spatial reuse condition when a channel on a transmission medium is in a busy state [Chu, col. 6, lines 24-34, “However, in known implementations, any node in a different BSS that is in range of the transmissions of the aforementioned nodes in the first BSS and determines that the received signal strength indication (RSSI) of the received frame is lower than the selected OBSS PD CCA level, will not retain the duration information from the RTS/CTS signals (or other signal that includes such information), although it will retain a maximum permitted transmission power (maximum permitted RSSI). The signaling behavior of such an OBSS node is illustrated at 303. The OBSS node will wait for its backoff duration 313”, The STA enables a first backoff timer (see fig. 3, element 313), where the STA is in an idle transmission state. The STA may operate according to OBSS_PD SR (or spatial reuse) rules, where the OBSS clear channel assessment (CCA) operations are performed (see col. 5, line 63 through col. 6, line 13). The backoff (or idle) period is enabled while BSS1-AP is transmitting a A-MPDU (see element 311), so the channel is in a busy state. See description of elements 613, 623 (col. 7, lines 45-51) to define and associate these common teachings with the rest of fig. 6, cited below.], and
selectively enable a second backoff timer when the transmission medium switches from the busy state to an idle state [Chu, col. 4, lines 36-48, “if a first node detects activity, by a second node from a different BSS, on a channel that the first node attempts to access, a grace period is added after each TXOP period that follows a first backoff period, because the second node might still be using the channel. Additional backoff periods (see 643 in FIG. 6) during the grace period (based on continued detection of activity on the channel) do not extend the grace period or start a new grace period. The grace period is sized so that the sum of one backoff period, one TXOP period, and the grace period will exceed the maximal default TXOP limit, so that normally any possible transmission will be completed before the grace period expires”, A subsequent (or second) backoff timer is used once the channel enters an idle state (the A-MPDU is no longer being transmitted).], and
control the transmitter circuit to transmit a data signal through the transmission medium based on a corresponding timer of the first backoff timer and the second backoff timer [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. The BSS uses a corresponding time, based on its backoff timers and guard period, to compute TXOP length (see col. 1, lines 34-44).],
wherein when the corresponding timer is the first backoff timer, the controller circuitry controls the transmitter circuit to transmit the data signal at first power [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. See Table 1, where different power levels are used based off the backoff timer used.], and
when the corresponding timer is the second backoff timer, the controller circuitry controls the transmitter circuit to transmit the data signal at second power, and the first power is lower than the second power [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. The first backoff timer is associated with a first TXOP power, which is lower than the maximal TXOP power which is associated with the second backoff timer.].
As per claim 2, Chu et al. teach the wireless network device of claim 1. Chu et al. also teach wherein the channel on the transmission medium is in the busy state due to a data transmission of an overlapping basic service set, and after the data transmission is completed, the transmitter circuit starts transmitting the data signal at the second power [Chu, fig. 6, elements 623 and “TXOP per Max Tx Power”, The busy state occurs during the A-MPDY transmission, which is accompanied by an overlapping basic service set (OBSS PD, see element 623). After the A-MPDU is completed, the TXOP occurs at the second (maximal power).].
As per claim 3, Chu et al. teach the wireless network device of claim 1. Chu et al. also teach wherein when the controller circuitry enables the first backoff timer and the first backoff timer expires before the channel on the transmission medium switches to the idle state, the controller circuitry does not enable the second backoff timer [Chu, fig. 6, elements 623 and “TXOP per Max Tx Power”, First backoff timer (element 613) ends while the channel is still busy (i.e., while A-MPDU is still transmitted). The second backoff timer (see element 643) does not begin until after the A-MPDU ends (and the channel is idle).].
As per claim 4, Chu et al. teach the wireless network device of claim 1. Chu et al. also teach wherein when the controller circuitry determines that the spatial reuse condition is not met, the controller circuitry does not enable the first backoff timer [Chu, col. 5, line 63 through col. 6, line 13, “For intra-BSS situations in known implementations, if a first node (i.e., an access point or a station) receives a signal, such as a CTS signal, sent by another node in the same BSS, the first node will stay off the channel for the duration value (known as a network allocation vector timer, or NAV timer) specified in the CTS signal. Under known OBSS phase-detect spatial reuse (OBSS_PD SR) rules, if a first node (i.e., an access point or a station) receives a signal sent by another node in a different BSS and the received signal is lower than the OBSS_PD clear channel assessment (CCA) level (−82 dbm), the first node will stay off the channel for the backoff timer duration, and will then access the channel for one TXOP period at a reduced power level. After that TXOP period, the first node will again attempt to access the channel and, if the channel is still in use, will again stay off the channel while its backoff timer counts down again, and then will access the channel at full power, possibly causing conflicts with the other node in the other BSS”, The spatial reuse (OBSS PD SR) rules are only used during a clear channel assessment with intra-BSS situations, otherwise they are not used.].
As per claim 5, Chu et al. teach the wireless network device of claim 1. Chu et al. also teach wherein the channel on the transmission medium is in the busy state due to a data transmission of an overlapping basic service set, and when the data transmission has not yet been completed and the channel on the transmission medium continues to be in the busy state due to the data transmission of the overlapping basic service set, the transmitter circuit starts transmitting the data signal at the first power [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. The first backoff timer is associated with a first TXOP power, which is lower than the maximal TXOP power which is associated with the second backoff timer.].
As per claim 9, Chu et al. teach the wireless network device of claim 1. Chu et al. also teach wherein the first backoff timer corresponds to a spatial reuse mechanism [Chu, col. 5, line 63 through col. 6, line 13, “For intra-BSS situations in known implementations, if a first node (i.e., an access point or a station) receives a signal, such as a CTS signal, sent by another node in the same BSS, the first node will stay off the channel for the duration value (known as a network allocation vector timer, or NAV timer) specified in the CTS signal. Under known OBSS phase-detect spatial reuse (OBSS_PD SR) rules, if a first node (i.e., an access point or a station) receives a signal sent by another node in a different BSS and the received signal is lower than the OBSS_PD clear channel assessment (CCA) level (−82 dbm), the first node will stay off the channel for the backoff timer duration, and will then access the channel for one TXOP period at a reduced power level. After that TXOP period, the first node will again attempt to access the channel and, if the channel is still in use, will again stay off the channel while its backoff timer counts down again, and then will access the channel at full power, possibly causing conflicts with the other node in the other BSS”, The spatial reuse (OBSS PD SR) rules are only used during a clear channel assessment with intra-BSS situations, otherwise they are not used.].
As per claim 10, Chu et al. teach the wireless network device of claim 1. Chu et al. also teach wherein the channel on the transmission medium is in the busy state due to a data transmission of an overlapping basic service set, and the controller circuitry is configured to determine whether the spatial reuse condition is met according to a packet transmitted from the overlapping basic service set, in order to selectively enable the first backoff timer [Chu, col. 5, line 63 through col. 6, line 13, “For intra-BSS situations in known implementations, if a first node (i.e., an access point or a station) receives a signal, such as a CTS signal, sent by another node in the same BSS, the first node will stay off the channel for the duration value (known as a network allocation vector timer, or NAV timer) specified in the CTS signal. Under known OBSS phase-detect spatial reuse (OBSS_PD SR) rules, if a first node (i.e., an access point or a station) receives a signal sent by another node in a different BSS and the received signal is lower than the OBSS_PD clear channel assessment (CCA) level (−82 dbm), the first node will stay off the channel for the backoff timer duration, and will then access the channel for one TXOP period at a reduced power level. After that TXOP period, the first node will again attempt to access the channel and, if the channel is still in use, will again stay off the channel while its backoff timer counts down again, and then will access the channel at full power, possibly causing conflicts with the other node in the other BSS”, The spatial reuse (OBSS PD SR) rules are only used during a clear channel assessment with intra-BSS situations, otherwise they are not used.].
As per claim 11, Chu et al. teach a signal transmission method, comprising:
selectively enabling a first backoff timer based on a spatial reuse condition when a channel on a transmission medium is in a busy state [Chu, col. 6, lines 24-34, “However, in known implementations, any node in a different BSS that is in range of the transmissions of the aforementioned nodes in the first BSS and determines that the received signal strength indication (RSSI) of the received frame is lower than the selected OBSS PD CCA level, will not retain the duration information from the RTS/CTS signals (or other signal that includes such information), although it will retain a maximum permitted transmission power (maximum permitted RSSI). The signaling behavior of such an OBSS node is illustrated at 303. The OBSS node will wait for its backoff duration 313”, The STA enables a first backoff timer (see fig. 3, element 313), where the STA is in an idle transmission state. The STA may operate according to OBSS_PD SR (or spatial reuse) rules, where the OBSS clear channel assessment (CCA) operations are performed (see col. 5, line 63 through col. 6, line 13). The backoff (or idle) period is enabled while BSS1-AP is transmitting a A-MPDU (see element 311), so the channel is in a busy state. See description of elements 613, 623 (col. 7, lines 45-51) to define and associate these common teachings with the rest of fig. 6, cited below.];
selectively enabling a second backoff timer when the channel on the transmission medium switches from the busy state to an idle state [Chu, col. 4, lines 36-48, “if a first node detects activity, by a second node from a different BSS, on a channel that the first node attempts to access, a grace period is added after each TXOP period that follows a first backoff period, because the second node might still be using the channel. Additional backoff periods (see 643 in FIG. 6) during the grace period (based on continued detection of activity on the channel) do not extend the grace period or start a new grace period. The grace period is sized so that the sum of one backoff period, one TXOP period, and the grace period will exceed the maximal default TXOP limit, so that normally any possible transmission will be completed before the grace period expires”, A subsequent (or second) backoff timer is used once the channel enters an idle state (the A-MPDU is no longer being transmitted).]; and
controlling a transmitter circuit to transmit a data signal through the transmission medium based on a corresponding timer of the first backoff timer and the second backoff timer [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. The BSS uses a corresponding time, based on its backoff timers and guard period, to compute TXOP length (see col. 1, lines 34-44).],
wherein when the corresponding timer is the first backoff timer, the transmitter circuit is controlled to transmit the data signal at first power [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. See Table 1, where different power levels are used based off the backoff timer used.], and
when the corresponding timer is the second backoff timer, the transmitter circuit is controlled to transmit the data signal at second power, and the first power is lower than the second power [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. The first backoff timer is associated with a first TXOP power, which is lower than the maximal TXOP power which is associated with the second backoff timer.].
As per claim 12, Chu et al. teach the signal transmission method of claim 11. Chu et al. also teach wherein the channel on the transmission medium is in the busy state due to a data transmission of an overlapping basic service set, and after the data transmission is completed, the transmitter circuit is controlled to start transmitting the data signal at the second power [Chu, fig. 6, elements 623 and “TXOP per Max Tx Power”, The busy state occurs during the A-MPDY transmission, which is accompanied by an overlapping basic service set (OBSS PD, see element 623). After the A-MPDU is completed, the TXOP occurs at the second (maximal power).].
As per claim 13, Chu et al. teach the signal transmission method of claim 11. Chu et al. also teach wherein when the first backoff timer is enabled and expires before the channel on the transmission medium switches to the idle state, the second backoff timer is not enabled [Chu, fig. 6, elements 623 and “TXOP per Max Tx Power”, First backoff timer (element 613) ends while the channel is still busy (i.e., while A-MPDU is still transmitted). The second backoff timer (see element 643) does not begin until after the A-MPDU ends (and the channel is idle).].
As per claim 14, Chu et al. teach the signal transmission method of claim 11. Chu et al. also teach wherein when the spatial reuse condition is not met, the first backoff timer is not enabled [Chu, col. 5, line 63 through col. 6, line 13, “For intra-BSS situations in known implementations, if a first node (i.e., an access point or a station) receives a signal, such as a CTS signal, sent by another node in the same BSS, the first node will stay off the channel for the duration value (known as a network allocation vector timer, or NAV timer) specified in the CTS signal. Under known OBSS phase-detect spatial reuse (OBSS_PD SR) rules, if a first node (i.e., an access point or a station) receives a signal sent by another node in a different BSS and the received signal is lower than the OBSS_PD clear channel assessment (CCA) level (−82 dbm), the first node will stay off the channel for the backoff timer duration, and will then access the channel for one TXOP period at a reduced power level. After that TXOP period, the first node will again attempt to access the channel and, if the channel is still in use, will again stay off the channel while its backoff timer counts down again, and then will access the channel at full power, possibly causing conflicts with the other node in the other BSS”, The spatial reuse (OBSS PD SR) rules are only used during a clear channel assessment with intra-BSS situations, otherwise they are not used.].
As per claim 15, Chu et al. teach the signal transmission method of claim 11. Chu et al. also teach wherein the channel on the transmission medium is in the busy state due to a data transmission of an overlapping basic service set, and when the data transmission has not yet been completed and the channel on the transmission medium continues to be in the busy state due to the data transmission of the overlapping basic service set, the transmitter circuit is controlled to start transmitting the data signal at the first power [Chu, fig. 6, col. 7, lines 52-56, “As discussed above, grace period 633 is sized so that the A-MPDU and its corresponding BA will be finished before the end of the grace period. Therefore, the OBSS node can resume transmission by using the maximal transmission power per CCA level (−82 dbm)”, Fig. 6 shows that, after the conclusion of the second backoff timer (see element 643), the maximal power may be used by the BSS for this transmission opportunity (TXOP). See how element 623, associated with first backoff 613, is power limited. The first backoff timer is associated with a first TXOP power, which is lower than the maximal TXOP power which is associated with the second backoff timer.].
As per claim 19, Chu et al. teach the signal transmission method of claim 11. Chu et al. also teach wherein the first backoff timer corresponds to a spatial reuse mechanism [Chu, col. 5, line 63 through col. 6, line 13, “For intra-BSS situations in known implementations, if a first node (i.e., an access point or a station) receives a signal, such as a CTS signal, sent by another node in the same BSS, the first node will stay off the channel for the duration value (known as a network allocation vector timer, or NAV timer) specified in the CTS signal. Under known OBSS phase-detect spatial reuse (OBSS_PD SR) rules, if a first node (i.e., an access point or a station) receives a signal sent by another node in a different BSS and the received signal is lower than the OBSS_PD clear channel assessment (CCA) level (−82 dbm), the first node will stay off the channel for the backoff timer duration, and will then access the channel for one TXOP period at a reduced power level. After that TXOP period, the first node will again attempt to access the channel and, if the channel is still in use, will again stay off the channel while its backoff timer counts down again, and then will access the channel at full power, possibly causing conflicts with the other node in the other BSS”, The spatial reuse (OBSS PD SR) rules are only used during a clear channel assessment with intra-BSS situations, otherwise they are not used.].
As per claim 20, Chu et al. teach the signal transmission method of claim 11. Chu et al. also teach wherein the channel on the transmission medium is in the busy state due to a data transmission of an overlapping basic service set, and selectively enabling the first backoff timer based on the spatial reuse condition when the channel on the transmission medium is in the busy state comprises: determining whether the spatial reuse condition is met according to a packet transmitted from the overlapping basic service set, in order to selectively enable the first backoff timer [Chu, col. 5, line 63 through col. 6, line 13, “For intra-BSS situations in known implementations, if a first node (i.e., an access point or a station) receives a signal, such as a CTS signal, sent by another node in the same BSS, the first node will stay off the channel for the duration value (known as a network allocation vector timer, or NAV timer) specified in the CTS signal. Under known OBSS phase-detect spatial reuse (OBSS_PD SR) rules, if a first node (i.e., an access point or a station) receives a signal sent by another node in a different BSS and the received signal is lower than the OBSS_PD clear channel assessment (CCA) level (−82 dbm), the first node will stay off the channel for the backoff timer duration, and will then access the channel for one TXOP period at a reduced power level. After that TXOP period, the first node will again attempt to access the channel and, if the channel is still in use, will again stay off the channel while its backoff timer counts down again, and then will access the channel at full power, possibly causing conflicts with the other node in the other BSS”, The spatial reuse (OBSS PD SR) rules are only used during a clear channel assessment with intra-BSS situations, otherwise they are not used.].
Allowable Subject Matter
Claims 6-8 and 16-18 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.
The reference, Bhattacharya et al. (US 20240260094), teaches OBSS when spatial reuse is satisfied, where a backoff timer is used (see fig. 9, ¶ 0109).
The reference, Naik et al. (WO 2024085953), teaches a backoff timer for spatial reuse techniques (see ¶s 0048-0050).
The reference, Lu et al. (US 20240073838), teaches a backoff delay timer in OBSS spatial reuse (see ¶ 0029).
The reference, Parthasarathy et al. (US 20210144558), teaches BSS packet based on a contention-based mechanism including one or more of a delay period or a random backoff duration preceding the delay period, where a duration of the delay period is based on the timing information associated with the preamble of the spatial reuse packet (see ¶ 0087).
The reference, Chu et al. (US 10673547), teaches backoff timers in OBSS spatial reuse (see figs. 4-6).
The reference, Jiang et al. (US 10477452), teaches a series of steps when a spatial reuse condition is satisfied (see fig. 7).
The reference, Lv et al. (US 20190230703), teaches a spatial reuse backoff period with adjusted transmit power levels (see ¶s 0101, 0111, 0115).
The reference, Chu et al. (US 20170118725), teaches a backoff period, adjusted transmit power, and spatial reuse (see fig. 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul H. Masur whose telephone number is (571)270-7297. The examiner can normally be reached Monday to Friday, 4:30 AM to 5PM.
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/Paul H. Masur/
Primary Examiner
Art Unit 2417
Prosecution Insights