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 .
DETAILED ACTION
This is in reply to an application filed on 01/21/2025. Claims 1-21 are pending.
Preliminary Amendment
The preliminary amendment submitted on 02/07/2025 is acknowledged and considered accordingly.
Information Disclosure Statement PTO-1449
The Information Disclosure Statement submitted by applicant on 09/22/2026, 11/12/2025, 02/13/2025 have all been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12082002 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because:
Instant Application No.: 18763131
US Patent No.: 12082002 B2
1. A method comprising: receiving a plurality of metrics for a first channel of a radio frequency band; determining a first average, of the plurality of metrics and associated with a first timeframe; determining a second average, of the plurality of metrics and associated with a second timeframe, wherein the first timeframe is earlier than the second timeframe; selecting, by a wireless access point and based on a difference between the first average and the second average, an operating parameter of the wireless access point; and sending wireless communications using the selected operating parameter.
2. The method of claim 1, wherein the selecting step comprises selecting, based on the second average being greater than the first average, the operating parameter.
3. The method of claim 1, wherein: the plurality of metrics comprises one or more of: a measurement of traffic on the first channel of the radio frequency band, a total quantity of wireless access points utilizing the first channel of the radio frequency band, a bandwidth utilization of the first channel of the radio frequency band, or a transmit opportunity on the first channel of the radio frequency band.
4. The method of claim 1, further comprising: reassigning, by the wireless access point and based on the difference between the first average and the second average, a connected device from the first channel to an alternate channel of the radio frequency band.
5. The method of claim 1, wherein: selecting the operating parameter comprises selecting one or more of the radio frequency band, a channel assignment within the radio frequency band, a wireless networking standard for the wireless access point, or a transmit power.
6. The method of claim 1, wherein the operating parameter comprises an operating channel and the method further comprises: scheduling selection of the operating channel based on a pattern of channel use identified from historical metric values.
7. The method of claim 1, further comprising: delaying, based on a connected device receiving streaming traffic via the first channel, adjustment of the operating parameter of the wireless access point.
8. A method comprising: receiving a plurality of metrics for a plurality of channels of a radio frequency band; determining that a difference between a first metric, of the plurality of metrics and associated with a first timeframe, and a second metric, of the plurality of metrics and associated with a second timeframe, is equal to or greater than a threshold, wherein the first timeframe is earlier than the second timeframe; selecting, by a wireless access point and based on the determining, an operating parameter of the wireless access point; and sending wireless communications using the selected operating parameter.
9. The method of claim 8, wherein the selecting the operating parameter comprises selecting, based on the second average being greater than the first average, the operating parameter.
10. The method of claim 8, wherein: the plurality of metrics comprises one or more of: a measurement of traffic on each channel of the plurality of channels of the radio frequency band, a total quantity of wireless access points utilizing each channel of the plurality of channels of the radio frequency band, a bandwidth utilization of each channel of the plurality of channels of the radio frequency band, or a transmit opportunity on each channel of the plurality of channels of the radio frequency band.
11. The method of claim 8, wherein the first metric and the second metric are associated with a user of a first channel of the plurality of channels, the method further comprising: reassigning, by the wireless access point and based on the difference between the first metric and the second metric, a connected device from the first channel to a second channel of the plurality of channels.
12. The method of claim 8, wherein: selecting the operating parameter comprises selecting one or more of the radio frequency band, a channel assignment within the radio frequency band, a wireless networking standard for the wireless access point, or a transmit power.
13. The method of claim 8, wherein the operating parameter comprises an operating channel and the method further comprises: scheduling selection of the operating channel based on a pattern of channel use identified from historical metric values.
14. The method of claim 8, further comprising: delaying, based on a connected device receiving streaming traffic via a first channel of the plurality of channels, adjustment of the operating parameter of the wireless access point.
15. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, configure the apparatus to: receive a plurality of metrics for a channel of a radio frequency band; determine a first average, of the plurality of metrics and associated with a first timeframe; determine a second average, of the plurality of metrics and associated with a second timeframe, wherein the first timeframe is earlier than the second timeframe; select, based on a difference between the first average and the second average, an operating parameter; and send wireless communications using the selected operating parameter.
16. The apparatus of claim 15, wherein the instructions, when executed by the one or more processors, configure the apparatus to select the operating parameter by selecting, based on the second average being greater than the first average, the operating parameter.
17. The apparatus of claim 15, wherein: the plurality of metrics comprises one or more of: a measurement of traffic on the channel of the radio frequency band, a total quantity of wireless access points utilizing the channel of the radio frequency band, a bandwidth utilization of the channel of the radio frequency band, or a transmit opportunity on the channel of the radio frequency band.
18. The apparatus of claim 15, the instructions, when executed by the one or more processors, further configure the apparatus to: reassign, based on the difference between the first average and the second average, a connected device from the first channel to an alternate channel of the radio frequency band.
19. The apparatus of claim 15, wherein the instructions, when executed by the one or more processors, further configure the apparatus to adjust the operating parameter by adjusting one or more of the radio frequency band, a channel assignment within the radio frequency band, a wireless networking standard for apparatus, or a transmit power.
20. The apparatus of claim 16, wherein the operating parameter comprises an operating channel and the instructions, when executed by the one or more processors, further configure the apparatus to: schedule selection of the operating channel based on a pattern of channel use identified from historical metric values.
21. The apparatus of claim 17, wherein the instructions, when executed by the one or more processors, further configure the apparatus to: delay, based on a connected device receiving streaming traffic via an operating channel of the plurality of channels, adjustment of the operating parameter of the wireless access point.
1. A method comprising: receiving a plurality of metrics for a plurality of channels of a radio frequency band; determining that a difference between a first average, of the plurality of metrics and associated with a first timeframe, and a second average, of the plurality of metrics and associated with a second timeframe, is equal to or greater than a threshold amount, wherein the first timeframe is different from the second timeframe; adjusting, by a wireless access point and based on the determining, an operating parameter of the wireless access point; and sending wireless communications using the adjusted operating parameter.
2. The method of claim 1, wherein: adjusting the operating parameter comprises adjusting one or more of the radio frequency band, a channel within the radio frequency band, a wireless networking standard for the wireless access point, or a transmit power.
3. The method of claim 1, further comprising: storing the plurality of metrics in a history of channel metric measurements, wherein the first timeframe and the second timeframe are consecutive timeframes.
4. The method of claim 1, further comprising: reassigning, by the wireless access point and based on a history of use of a first channel of the plurality of channels, a connected device from the first channel to a second channel of the plurality of channels.
5. The method of claim 1, further comprising: storing information indicating a usage level of a first channel for different times of day.
6. The method of claim 1, wherein: receiving the plurality of metrics comprises receiving the plurality of metrics at periodic intervals.
7. The method of claim 1, wherein: receiving the plurality of metrics comprises receiving a metric for each channel of each radio frequency band the wireless access point is configured to utilize.
8. The method of claim 1, wherein: the plurality of metrics comprises one or more of: a measurement of traffic on each channel of the plurality of channels of the radio frequency band, a total quantity of wireless access points utilizing each channel of the plurality of channels of the radio frequency band, a bandwidth utilization of each channel of the plurality of channels of the radio frequency band, or a transmit opportunity on each channel of the plurality of channels of the radio frequency band.
9. The method of claim 1, further comprising: sending the plurality of metrics to a computing device located remotely from the wireless access point.
10. The method of claim 1, further comprising: disabling, based on a connected device receiving streaming traffic via an operating channel of the plurality of channels, adjustment of an operating channel.
11. The method of claim 1, wherein the operating parameter comprises an operating channel and the method further comprises: scheduling selection of the operating channel based on a pattern of channel use identified from historical metric values.
12. The method of claim 1, wherein the first average comprises an average of a subset of the plurality of metrics, associated with a first timeframe; and the second average comprises an average of the subset of the plurality of metrics, associated with a second timeframe.
Claim Rejections - 35 USC § 103
6. 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.
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 1-5, 8-12, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20050124335 A1 to Cave et al., (hereinafter Cave) in view of US 20110317639 A1 to Lee et al., (hereinafter Lee).
Claim 1. A method comprising:
receiving a plurality of metrics for a first channel of a radio frequency band; (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity)
selecting, by a wireless access point an operating parameter of the wireless access point; and sending wireless communications using the selected operating parameter. (Cave: See para[0040]-[0042] AP 105, after scanning and determining which channel provides the best performance, then tunes itself to the best channel for communication with other devices)
Although Cave teaches an AP scans and receives information from other AP(s) in its vicinity and chooses a channel and tunes itself to it for communication (Cave: See para[0040]-[0042]) however, Cave does not explicitly disclose that AP is able to determine a difference between two averages at different timeframes wherein one timeframe is prior to another timeframe, and then adjust its operating parameters, as understood by:
determining a first average, of the plurality of metrics and associated with a first timeframe; determining a second average, of the plurality of metrics and associated with a second timeframe, wherein the first timeframe is earlier than the second timeframe; and based on a difference between the first average and the second average,
However, in a similar field, Lee in Fig. 1, Fig. 3, and para[0046] teaches BS having “a PER compensation module” based on which the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then the BS decreases the offset value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 2. The method of claim 1, wherein the selecting step comprises selecting, based on the second average being greater than the first average, the operating parameter.
(Lee: See para[0046] and Fig. 1 and Fig. 3, for BS having “a PER compensation module” based on which, the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then BS decreases the offset value.)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 3. The method of claim 1, wherein: the plurality of metrics comprises one or more of: a measurement of traffic on the first channel of the radio frequency band, a total quantity of wireless access points utilizing the first channel of the radio frequency band, a bandwidth utilization of the first channel of the radio frequency band, or a transmit opportunity on the first channel of the radio frequency band. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication)
Claim 4. The method of claim 1, further comprising: reassigning, by the wireless access point and (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication with other devices) based on the difference between the first average and the second average, (Lee: See para[0046] and Fig. 1 and Fig. 3, for BS having “a PER compensation module” based on which, the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then BS decreases the offset value.) a connected device from the first channel to an alternate channel of the radio frequency band. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication with other devices)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 5. The method of claim 1, wherein: selecting the operating parameter comprises selecting one or more of the radio frequency band, a channel assignment within the radio frequency band, a wireless networking standard for the wireless access point, or a transmit power. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication)
Claim 8. A method comprising:
receiving a plurality of metrics for a plurality of channels of a radio frequency band; (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity)
selecting, by a wireless access point and based on the determining, an operating parameter of the wireless access point; and sending wireless communications using the selected operating parameter. (Cave: See para[0040]-[0042] AP 105, after scanning and determining which channel provides the best performance, then tunes itself to the best channel for communication)
Although Cave teaches an AP scans and receives information from other AP(s) in its vicinity and chooses a channel and tunes itself to it for communication (Cave: See para[0040]-[0042]) however, Cave does not explicitly disclose that AP is able to determine a difference between two averages at different timeframes wherein one timeframe is prior to another timeframe, and then adjust its operating parameters, as understood by:
determining that a difference between a first metric, of the plurality of metrics and associated with a first timeframe, and a second metric, of the plurality of metrics and associated with a second timeframe, is equal to or greater than a threshold, wherein the first timeframe is earlier than the second timeframe;
However, in a similar field, Lee in Fig. 1, Fig. 3, and para[0046] teaches BS having “a PER compensation module” based on which the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then the BS decreases the offset value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 9. The method of claim 8, wherein the selecting the operating parameter comprises selecting, based on the second average being greater than the first average, the operating parameter. (Lee: See para[0046] and Fig. 1 and Fig. 3, for BS having “a PER compensation module” based on which, the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then BS decreases the offset value.)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 10. The method of claim 8, wherein: the plurality of metrics comprises one or more of: a measurement of traffic on each channel of the plurality of channels of the radio frequency band, a total quantity of wireless access points utilizing each channel of the plurality of channels of the radio frequency band, a bandwidth utilization of each channel of the plurality of channels of the radio frequency band, or a transmit opportunity on each channel of the plurality of channels of the radio frequency band. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication)
Claim 11. The method of claim 8, wherein the first metric and the second metric are associated with a user of a first channel of the plurality of channels, the method further comprising: reassigning, by the wireless access point (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication) and based on the difference between the first metric and the second metric, (Lee: See para[0046] and Fig. 1 and Fig. 3, for BS having “a PER compensation module” based on which, the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then BS decreases the offset value.) a connected device from the first channel to a second channel of the plurality of channels. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication with other devices)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 12. The method of claim 8, wherein: selecting the operating parameter comprises selecting one or more of the radio frequency band, a channel assignment within the radio frequency band, a wireless networking standard for the wireless access point, or a transmit power. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication)
Claim 15. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, configure the apparatus to:
receive a plurality of metrics for a channel of a radio frequency band; (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity)
select, an operating parameter; and send wireless communication using the selected operating parameter. (Cave: See para[0040]-[0042] AP 105, after scanning and determining which channel provides the best performance, then tunes itself to the best channel for communication with other devices)
Although Cave teaches an AP scans and receives information from other AP(s) in its vicinity and chooses a channel and tunes itself to it for communication (Cave: See para[0040]-[0042]) however, Cave does not explicitly disclose that AP is able to determine a difference between two averages at different timeframes wherein one timeframe is prior to another timeframe, and then adjust its operating parameters, as understood by:
determine a first average, of the plurality of metrics and associated with a first timeframe; determine a second average, of the plurality of metrics and associated with a second timeframe, wherein the first timeframe is earlier than the second timeframe; based on a difference between the first average and the second average
However, in a similar field, Lee in Fig. 1, Fig. 3, and para[0046] teaches BS having “a PER compensation module” based on which the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then the BS decreases the offset value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 16. The apparatus of claim 15, wherein the instructions, when executed by the one or more processors, configure the apparatus to select the operating parameter by selecting, based on the second average being greater than the first average, the operating parameter.
(Lee: See para[0046] and Fig. 1 and Fig. 3, for BS having “a PER compensation module” based on which, the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then BS decreases the offset value.)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 17. The apparatus of claim 15, wherein: the plurality of metrics comprises one or more of: a measurement of traffic on the channel of the radio frequency band, a total quantity of wireless access points utilizing the channel of the radio frequency band, a bandwidth utilization of the channel of the radio frequency band, or a transmit opportunity on the channel of the radio frequency band. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication)
Claim 18. The apparatus of claim 15, the instructions, when executed by the one or more processors, further configure the apparatus to: reassign, (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication with other devices) based on the difference between the first average and the second average, (Lee: See para[0046] and Fig. 1 and Fig. 3, for BS having “a PER compensation module” based on which, the BS determines a power offset. When the difference between average PER in current timeframe and average PER in previous timeframe is higher than a first threshold value, then BS increases power offset, and if the difference between average PER in current timeframe and average PER in previous timeframe is less than a second threshold value, then BS decreases the offset value.) a connected device from the first channel to an alternate channel of the radio frequency band. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication with other devices)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can determine a difference between two averages at two different timeframes, as taught by Lee, with the teachings of Cave, in order to benefit from enhancements of having a BS that can determine if a difference between two averages of PER at different time frames are lower or higher than a first or second threshold, before either increasing or decreasing the power offset. (Lee: See para[0046])
Claim 19. The apparatus of claim 15, wherein the instructions, when executed by the one or more processors, further configure the apparatus to adjust the operating parameter by adjusting one or more of the radio frequency band, a channel assignment within the radio frequency band, a wireless networking standard for apparatus, or a transmit power. (Cave: See para[0040]-[0042] “AP 105” scans a plurality of channels to detect identity, received signal strength indicator (RSSI), and the amount of traffic on each channel from all other APs in its vicinity, and then chooses the best channel and tunes itself to it for communication)
Claims 6, 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20050124335 A1 to Cave et al., (hereinafter Cave) in view of US 20110317639 A1 to Lee et al., (hereinafter Lee) and in further view of US 20100216477 A1 to Ryan et al., (hereinafter Ryan).
Claim 6. Cave in view of Lee teaches the method of claim 1, however they do not explicitly disclose:
wherein the operating parameter comprises an operating channel and the method further comprises: scheduling selection of the operating channel based on a pattern of channel use identified from historical metric values.
However, in a similar field, Ryan teaches:
wherein the operating parameter comprises an operating channel and the method further comprises: scheduling selection of the operating channel based on a pattern of channel use identified from historical metric values. (Ryan: See para[0054-[0056] for base station conducts channel allocation based on historical usage metrics and data)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Ryan teaches base station (i.e., AP) can allocate a channel to itself or release a channel from itself, at any time interval and based on any event or condition. (Ryan: See para[0054]-[0055])
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can allocate a channel to itself or release one of its channels, as taught by Ryan, with the teachings of Cave in view of Lee, in order to benefit from enhancements of having a BS that can allocate a channel to itself or release a channel from itself, at any time interval and based on any event or condition. (Lee: See para[0046])
Claim 13. Cave and Lee teaches the method of claim 8, however they do not explicitly disclose:
wherein the operating parameter comprises an operating channel and the method further comprises: scheduling selection of the operating channel based on a pattern of channel use identified from historical metric values.
However, in a similar field, Ryan teaches:
wherein the operating parameter comprises an operating channel and the method further comprises: scheduling selection of the operating channel based on a pattern of channel use identified from historical metric values. (Ryan: See para[0054-[0056] for base station conducts channel allocation based on historical usage metrics and data)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Ryan teaches base station (i.e., AP) can allocate a channel to itself or release a channel from itself, at any time interval and based on any event or condition. (Ryan: See para[0054]-[0055])
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can allocate a channel to itself or release one of its channels, as taught by Ryan, with the teachings of Cave in view of Lee, in order to benefit from enhancements of having a BS that can allocate a channel to itself or release a channel from itself, at any time interval and based on any event or condition. (Lee: See para[0046])
Claim 20. Cave in view of Lee teaches the apparatus of claim 16, however they do not explicitly disclose:
wherein the operating parameter comprises an operating channel and the instructions, when executed by the one or more processors, further configure the apparatus to: schedule selection of the operating channel based on a pattern of channel use identified from historical metric values.
However, in a similar field, Ryan teaches:
wherein the operating parameter comprises an operating channel and the instructions, when executed by the one or more processors, further configure the apparatus to: schedule selection of the operating channel based on a pattern of channel use identified from historical metric values. (Ryan: See para[0054-[0056] for base station conducts channel allocation based on historical usage metrics and data)
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Ryan teaches base station (i.e., AP) can allocate a channel to itself or release a channel from itself, at any time interval and based on any event or condition. (Ryan: See para[0054]-[0055])
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included a BS that can allocate a channel to itself or release one of its channels, as taught by Ryan, with the teachings of Cave in view of Lee, in order to benefit from enhancements of having a BS that can allocate a channel to itself or release a channel from itself, at any time interval and based on any event or condition. (Lee: See para[0046])
Claims 7, 14, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US 20050124335 A1 to Cave et al., (hereinafter Cave) in view of US 20110317639 A1 to Lee et al., (hereinafter Lee) and in further view of US 20160174163 A1 to Emmanuel et al., (hereinafter Emmanuel).
Claim 7. Cave in view of Lee teaches the method of claim 1, however, they do not explicitly disclose:
further comprising: delaying, based on a connected device receiving streaming traffic via the first channel, adjustment of the operating parameter of the wireless access point.
However in a similar field, Emmanuel teaches:
further comprising: delaying, based on a connected device receiving streaming traffic via the first channel, adjustment of the operating parameter of the wireless access point.
(Emmanuel: See para[0043]-[0045] AP performing channel switching/reallocating as to minimize disconnect time and based on the type of traffic (i.e., streaming traffic) the client is having when deciding to switch. For example when client is using VoIP the channel switching is postponed until VoIP call is finished. (Emmanuel: See para[0043]-[0045])
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Emmanuel teaches AP performing channel switching/reallocating as to minimize disconnect time and based on the type of traffic (i.e., streaming traffic) the client is having when deciding to switch. For example when client is using VoIP the channel switching is postponed until VoIP call is finished. (Emmanuel: See para[0043]-[0045])
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included AP that can switch a channel and postpone channel switching based on the type of traffic the client is having, as taught by Emmanuel, with the teachings of Cave in view of Lee, in order to benefit from enhancements of having an AP that can postpone channel switching based on the type of traffic the client is having. (Emmanuel: See para[0043]-[0045])
Claim 14. Cave in view of Lee teaches the method of claim 8, however, they do not explicitly disclose:
further comprising: delaying, based on a connected device receiving streaming traffic via a first channel of the plurality of channels, adjustment of the operating parameter of the wireless access point.
However in a similar field, Emmanuel teaches:
further comprising: delaying, based on a connected device receiving streaming traffic via a first channel of the plurality of channels, adjustment of the operating parameter of the wireless access point.
(Emmanuel: See para[0043]-[0045] AP performing channel switching/reallocating as to minimize disconnect time and based on the type of traffic (i.e., streaming traffic) the client is having when deciding to switch. For example when client is using VoIP the channel switching is postponed until VoIP call is finished. (Emmanuel: See para[0043]-[0045])
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Emmanuel teaches AP performing channel switching/reallocating as to minimize disconnect time and based on the type of traffic (i.e., streaming traffic) the client is having when deciding to switch. For example when client is using VoIP the channel switching is postponed until VoIP call is finished. (Emmanuel: See para[0043]-[0045])
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included AP that can switch a channel and postpone channel switching based on the type of traffic the client is having, as taught by Emmanuel, with the teachings of Cave in view of Lee, in order to benefit from enhancements of having an AP that can postpone channel switching based on the type of traffic the client is having. (Emmanuel: See para[0043]-[0045])
Claim 21. Cave in view of Lee teaches the apparatus of claim 17, however, they do not explicitly disclose:
wherein the instructions, when executed by the one or more processors, further configure the apparatus to: delay, based on a connected device receiving streaming traffic via an operating channel of the plurality of channels, adjustment of the operating parameter of the wireless access point.
However in a similar field, Emmanuel teaches:
wherein the instructions, when executed by the one or more processors, further configure the apparatus to: delay, based on a connected device receiving streaming traffic via an operating channel of the plurality of channels, adjustment of the operating parameter of the wireless access point.
(Emmanuel: See para[0043]-[0045] AP performing channel switching/reallocating as to minimize disconnect time and based on the type of traffic (i.e., streaming traffic) the client is having when deciding to switch. For example when client is using VoIP the channel switching is postponed until VoIP call is finished. (Emmanuel: See para[0043]-[0045])
Cave teaches AP scans channels and receives information from other AP(s) in its vicinity and then chooses the best channel and tunes itself to it for communication. (Cave: See para[0040]-[0042])
Lee teaches BS capable of determining the difference between two different averages at two different timeframes, and either increase or decrease offset power value. (Lee: See para[0046], Fig. 1, and Fig. 3)
Emmanuel teaches AP performing channel switching/reallocating as to minimize disconnect time and based on the type of traffic (i.e., streaming traffic) the client is having when deciding to switch. For example when client is using VoIP the channel switching is postponed until VoIP call is finished. (Emmanuel: See para[0043]-[0045])
It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included AP that can switch a channel and postpone channel switching based on the type of traffic the client is having, as taught by Emmanuel, with the teachings of Cave in view of Lee, in order to benefit from enhancements of having an AP that can postpone channel switching based on the type of traffic the client is having. (Emmanuel: See para[0043]-[0045])
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID ESMAEILIAN whose telephone number is (571)270-7830. The examiner can normally be reached on M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G. Shah can be reached on 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. E./
Examiner, Art Unit 2477
/GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
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