CTNF 18/753,422 CTNF 84323 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 2. This communication is in response to the Application No. 18/753,422 filed on 6/25/24. Claims 1 – 15 has been examined. Claim Objections 07-29-01 AIA 3. Claim s 1, 6 - 12 objected to because of the following informalities: All claims claim a notification unit; however, none of the figures nor the specification other than claims and summary. It is understood that the examiner interprets notification unit as any device which can notify the information . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 4. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 5. Claim 1 recites the limitation "the first network" in line 6. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required. Dependent claims 2 – 13 are also rejected as independent claim is rejected. Regarding claim 14, same reasons apply. Regarding claim 15, same reasons apply. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 6. 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. 07-07-aia AIA 07-07 7. 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 – 07-08-aia AIA (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. 07-15-aia AIA 8. Claim(s) 1 – 3,5, 8, 10 – 15 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Pandey et al. (US 2021/0051486, Pandey hereafter) . Regarding claim 1, Pandey teaches A communication apparatus comprising: a communication unit configured to perform wireless communication ( AP 115A or any devices such as 120Ai, Aii, Aiii, 120Bi, 120Bii, 120Biii, 120Ci, 120Cii, 120Ciii, Fig. 1 ); a notification unit ( any of the 120Ai, Aii, Aiii, 120Bi, 120Bii, 120Biii, 120Ci, 120Cii, 120Ciii, Fig. 1 ) configured to notify another communication apparatus of, as information of a frequency channel incapable of roaming ( One mechanism of the MBO may include a non-preferred channel enforcement mechanism that enables clients 120 to generate a list of non-preferred channels that the respective client is unable to support (e.g., is unable to operate on) due to a limitation of the client's Wi-Fi chipset. In some examples, the list of non-preferred channels that the respective client cannot support may be generated as part of a non-preferred channel report, hereinafter referred to as a standard non-preferred channel report, paragraph 20, 21 ), information of a frequency channel used in a third network ( 115A, Fig. 1 ) in which the communication apparatus can perform communication concurrently with the first network ( other than 115A or any other networks such as 115B, 115C, Fig. 1 ), wherein the other communication apparatus has a function of, in a case where the communication apparatus connects to a first network, issuing an instruction of roaming from the first network to a second network ( For example, even as clients 120 physically change locations, they may still remain connected to network 105 because clients 120 may roam from one access point to another within access points 115 connected by the distributed system. For example, if client 120Ai is roaming and senses that radio signals from access point 115A are getting weaker, client 120Ai may find a new access point with stronger signals (e.g., access point 115B), paragraph 18 ); and an execution unit ( controller, 160 of Fig. 1 ) configured to, in a case where the roaming instruction based on the notification is received from the other communication apparatus after connecting to the first network, execute roaming based on the instruction ( Controller 160 may be a WLAN controller that manages and configures access points 115 of network 105, including assignment of access points 115 to respective channels based on the DCA list. Additionally, controller 160 may help steer clients 120 during roaming (e.g., during a transition of clients 120 between BBSs 125A-C within ESS 130). For example, controller 160 may avoid steering clients 120 toward access points that are assigned to a non-preferred channel that clients are unable to operate on (e.g., extracted from the standard non-preferred channel reports generated by clients 120), paragraph 23 ). Regarding claim 2, The apparatus according to claim 1, wherein the communication apparatus is a communication apparatus of a wireless LAN compliant with the IEEE 802.11 ( For example, the list may be a Dynamic Channel Assignment (DCA) Channel List via an 802.11k neighbor report or association response. Client 120Ai may limit scanning to only the RF channels within the list, paragraph 28 ) series standard, and the other communication apparatus is notified of the information of the frequency channel used in the third network as a Non-preferred Channel in a frame communicated by the wireless LAN ( The non-preferred channel report may be transmitted from the client to a network management system for use in dynamic channel assignment, Abstract, paragraphs 13, 20 – 23, 31 – 32 ). Regarding claim 3, The apparatus according to claim 2, wherein the communication unit joins the first network as a station ( 120Ai, Aii or Aiii is part of station 110 ), and forms the third network as an access point ( and access network 115 from 115A, B, C, Fig. 1 ). Regarding claim 5, The apparatus according to claim 3, wherein the other communication apparatus is an access point that forms the first network ( AP 115A, B or C each forms the access point 115 ). Regarding claim 8, The apparatus according to claim 1, wherein the notification unit notifies the other communication apparatus of, as the information of the frequency channel incapable of roaming, information of a frequency channel predicted to be used when connecting to the third network in a state in which the third network is not used ( One mechanism of the MBO may include a non-preferred channel enforcement mechanism that enables clients 120 to generate a list of non-preferred channels that the respective client is unable to support (e.g., is unable to operate on) due to a limitation of the client's Wi-Fi chipset. In some examples, the list of non-preferred channels that the respective client cannot support may be generated as part of a non-preferred channel report, hereinafter referred to as a standard non-preferred channel report, paragraph 13, 20, 21, 31 ). Regarding claim 10, The apparatus according to claim 1, wherein the notification unit notifies the other communication apparatus of information of a frequency band including the frequency channel as the information of the frequency channel used in the third network ( Wi-Fi Agile Multiband Operation (MBO) and Wi-Fi Optimized Connectivity Experience (OCE) may be two example certifications providing features that help intelligently steer clients 120 and improve roaming between access points 115 of ESS 130. For example, MBO may help clients 120 choose a best band of RF channels at association and during roaming operations, and OCE may reduce an amount of overhead caused by network information and discovery, paragraph 19 ). Regarding claim 11, The apparatus according to claim 1, wherein the notification unit notifies the other communication apparatus of the information of the frequency channel used in the third network, based on presence of an apparatus connected to the communication apparatus in the third network ( Wi-Fi Agile Multiband Operation (MBO) and Wi-Fi Optimized Connectivity Experience (OCE) may be two example certifications providing features that help intelligently steer clients 120 and improve roaming between access points 115 of ESS 130. For example, MBO may help clients 120 choose a best band of RF channels at association and during roaming operations, and OCE may reduce an amount of overhead caused by network information and discovery, paragraph 19 – 21 ). Regarding claim 12, The apparatus according to claim 1, wherein the notification unit decides, based on a congestion state of the frequency channel used in the third network, whether to notify the other communication apparatus of the information of the frequency channel used in the third network ( The QBSS load element defines, among other information, the channel utilization. The channel utilization may represent a percentage of time that the respective access point sensed the RF channel to which it is assigned was busy. The busier or more congested the RF channel is, the more degraded the quality and performance may become. Therefore, a higher percentage of channel utilization may lead to a lower CQI indicative of a general badness or non-preferred status of the RF channel, paragraph 34 ). Regarding claim 13, The apparatus according to claim 2, wherein the communication unit joins the first network as a station, and also joins the third network as a station ( 120Ai, Aii or Aiii is part of station 110 and 115 of Fig. 1 ). Regarding claim 14, the method substantially has same limitations as claim 1, thus the same rejection is applicable. Regarding claim 15, the non-transitory computer readable medium substantially has same limitations as claim 1, thus the same rejection is applicable ( Embodiments of the disclosure, for example, may be implemented as a computer process (method), a computing system, or as an article of manufacture, such as a computer program product or computer readable media. The computer program product may be a computer storage media readable by a computer system and encoding a computer program of instructions for executing a computer process, paragraph 62 ) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 9. 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. 07-20-aia AIA 10. 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. 07-23-aia AIA 11. The factual inquiries 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. 07-21-aia AIA 12. Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pandey et al. (US 2021/0051486, Pandey hereafter) in further view of Kulkarni et al. (US 2022/0400389, Kulkarni hereafter) . Regarding claim 4, Pandey teaches claim 2, however, does not specifically teach and/or suggest wherein the communication unit performs communication using the third network as Group Owner in Wi-Fi Direct®. In the same field of endeavor, Kulkarni teaches wherein the communication unit performs communication using the third network as Group Owner in Wi-Fi Direct® ( The discussion that follows is applicable to both legacy AP to STA/client connections as well as Wi-Fi Direct Peer-to-Peer Group Owner (P2P-GO) to Peer-to-Peer Clients (P2P-Clients) connections. Legacy WiFi topologies have a fixed AP to STA/client association, while WiFi-Direct topologies negotiate as to which wireless device node will function as an AP Group Owner and which will function as the STA/client, paragraph 43 ). It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Kulkarni’s Group owner in Wi-Fi direct with the system of Pandey. One would be motivated to combine these teachings because in doing so WiFi-Direct topologies negotiate as to which wireless device node will function as an AP Group Owner and which will function as the STA/client . 07-21-aia AIA 13. Claim (s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pandey et al. (US 2021/0051486, Pandey hereafter) in further view of LALAM (US 2023/0422020) . Regarding claim 6, Pandey teaches The apparatus according to claim 5, even though it is known in the art that IEEE 802.11 sends Association Request frame. However, does not specifically disclose wherein the notification unit notifies the other communication apparatus by transmitting an Association Request frame including the Non-preferred Channel to the other communication apparatus. In the same field of endeavor, LALAM teaches wherein the notification unit notifies the other communication apparatus by transmitting an Association Request frame including the Non-preferred Channel to the other communication apparatus ( In an example of a wireless network operating according to one of the 802.11 standards, an association procedure uses an association request frame and an association response frame. Disassociation uses a disassociation frame, paragraph 78 ). It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of LALAM’s sending Association Request Frame with the system of Pandey. One would be motivated to combine these teachings because it can provide type of 802.11 standards or networks of the Wi-Fi type . 07-21-aia AIA 14. Claim (s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pandey et al. (US 2021/0051486, Pandey hereafter) in further view of Jayawardene et al. (US 2019/0320494, Jayawardene hereafter) . Regarding claim 7, Pandey teaches claim 1, however, does not specifically teach and/or disclose wherein the notification unit notifies the other communication apparatus by transmitting a WNM-Notification Request frame including the Non-preferred Channel to the other communication apparatus. In the same field of endeavor, Jayawardene teaches wherein the notification unit notifies the other communication apparatus by transmitting a WNM-Notification Request frame including the Non-preferred Channel to the other communication apparatus ( The Wi-Fi AM also specifies that cellular data-capable clients update their cellular data network connection status using the WNM notification process, akin to the Non-preferred Channel Report, paragraph 261 ). It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Jayawardene’s WNM Frame with the system of Pandey. One would be motivated to combine these teachings because it can provide accurate non-preferred channel report . 07-21-aia AIA 15. Claim (s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pandey et al. (US 2021/0051486, Pandey hereafter) in further view of Lu et al. (US 2020/0036801) . Regarding claim 9, Pandey teaches claim 1, even though known in the art that the 802.11 has frequency band of 2.4, 3.5,6 etc. however, does not specifically disclose wherein when notifying the other communication apparatus of the information of the frequency channel used in the third network, the notification unit further notifies the other communication apparatus of information of a frequency channel adjacent to the frequency channel. In the same field of endeavor, Lu teaches wherein when notifying the other communication apparatus of the information of the frequency channel used in the third network, the notification unit further notifies the other communication apparatus of information of a frequency channel adjacent to the frequency channel. ( IEEE 802.11 is a set of media access control (MAC) and physical layer (PHY) specification for implementing wireless local area network (WLAN) communication in the Wi-Fi (2.4, 3.6, 5, and 60 GHz) frequency bands. The 802.11 family consists of a series of half-duplex over-the-air modulation techniques that use the same basic protocol. The standards and amendments provide the basis for wireless network products using the Wi-Fi frequency bands, paragraph 3, 54 ). It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Lu’s adjacent with the system of Pandey. One would be motivated to combine these teachings because it can select desired frequency channel and/or band. Conclusion 16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. TANMAY K. SHAH Primary Examiner Art Unit 2632 /TANMAY K SHAH/Primary Examiner, Art Unit 2632 Application/Control Number: 18/753,422 Page 2 Art Unit: 2632 Application/Control Number: 18/753,422 Page 3 Art Unit: 2632 Application/Control Number: 18/753,422 Page 4 Art Unit: 2632 Application/Control Number: 18/753,422 Page 5 Art Unit: 2632 Application/Control Number: 18/753,422 Page 6 Art Unit: 2632 Application/Control Number: 18/753,422 Page 7 Art Unit: 2632 Application/Control Number: 18/753,422 Page 8 Art Unit: 2632 Application/Control Number: 18/753,422 Page 9 Art Unit: 2632 Application/Control Number: 18/753,422 Page 10 Art Unit: 2632 Application/Control Number: 18/753,422 Page 11 Art Unit: 2632 Application/Control Number: 18/753,422 Page 12 Art Unit: 2632 Application/Control Number: 18/753,422 Page 13 Art Unit: 2632 Application/Control Number: 18/753,422 Page 14 Art Unit: 2632 Application/Control Number: 18/753,422 Page 15 Art Unit: 2632 Application/Control Number: 18/753,422 Page 16 Art Unit: 2632
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