CTNF 18/795,044 CTNF 85737 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections Claims 1, 4-10, 13-19 are objected to because of the following reasons: For claims 1, 19, to improve clarity, Examiner recommends to amend the claim language from “a mode control logic that is configured to” to “a mode control logic that, when executed by the processor, is configured to” since a mode control logic by itself cannot perform the functional steps. Similarly, for claims 4-6, 8, 10, 13, 15-18, to improve clarity, Examiner recommends to amend the claim language from “the mode control logic is further configured to” to “the mode control logic, when executed by the processor, is further configured to” since a mode control logic by itself cannot perform the functional steps. Similarly, for claim 7, to improve clarity, Examiner recommends to amend the claim language from “the mode control logic determines” to “the mode control logic, when executed by the processor, determines” since a mode control logic by itself cannot perform the functional steps. Similarly, for claim 9, 14, to improve clarity, Examiner recommends to amend the claim language from “the mode control logic evaluates” to “the mode control logic, when executed by the processor, evaluates” since a mode control logic by itself cannot perform the functional steps. Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-8, 11-14, 17-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Palayur, US 20230388962 . For claim 1 . Palayur teaches: A device, comprising: a processor; a transceiver operable in one of a Low Power Indoor (LPI) mode or a Standard Power (SP) mode; and a memory communicatively coupled to the processor, wherein the memory comprises a mode control logic that is configured to: (Palayur, fig 15, paragraph 166-171, device with network interface, processor, memory coupled to processor storing instructions executed by processor to perform methods; fig 1, paragraph 38, device may be configured to determine whether to (i) transmit in a standard power mode, (ii) transmit in a low power mode, (iii) transmit in a very low power mode, or (iv) not transmit) assess one or more signal strength parameters of a network device communicatively coupled to the device; (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; alternatively, also see paragraph 85-100, “The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712)… One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706”) evaluate, based on the one or more signal strength parameters, whether a power budget associated with the LPI mode provides an uplink coverage and a downlink coverage to the network device; and determine whether to switch the transceiver from the LPI mode to the SP mode based on the evaluation. (Palayur, fig 10, paragraph 127-136, “At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; fig 1, paragraph 38, some incumbent devices are downlink from AP and some incumbent devices are uplink from AP; alternatively, also see fig 11-13, paragraph 137-153, “At block 1110, the processing logic may determine a distance between the AP and the one or more incumbent devices. At block 1115, the processing logic may determine an AP location based on a location of a close proximity communication device… At block 1215, the processing logic may determine an AP location based on the close proximity communication device location and the distance between the close proximity communication device and the AP… At block 1315 , the processing logic may determine a transmission power mode permission based on the distance between the AP and the incumbent device.”; paragraph 85-100, “The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712)… One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706”) For claim 2 . Palayur discloses all the limitations of claim 1, and Palayur further teaches: wherein the one or more signal strength parameters include an uplink signal strength parameter. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; interference data, distortion data, noise power data can be uplink parameters or downlink parameters since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 3 . Palayur discloses all the limitations of claim 2, and Palayur further teaches: wherein the uplink signal strength parameter corresponds to a Received Signal Strength Indicator (RSSI) uplink value of the network device. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are received signal strength Indicators; interference data, distortion data, noise power data can be uplink values or downlink values since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 4 . Palayur discloses all the limitations of claim 2, and Palayur further teaches: wherein to assess the uplink signal strength parameter, the mode control logic is further configured to: compare the uplink signal strength parameter with an uplink signal strength threshold; and determine whether the uplink signal strength parameter is less than the uplink signal strength threshold based on the comparison. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; interference data, distortion data, noise power data can be uplink parameters or downlink parameters since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 5 . Palayur discloses all the limitations of claim 4, and Palayur further teaches: wherein in response to determining that the uplink signal strength parameter is less than the uplink signal strength threshold, the mode control logic is further configured to determine a transmission power of the network device. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; interference data, distortion data, noise power data can be uplink parameters or downlink parameters since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 6 . Palayur discloses all the limitations of claim 5, and Palayur further teaches: wherein the mode control logic is further configured to compare the transmission power with a maximum transmission power allowed to the network device in the LPI mode. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; threshold for the low power mode is maximum transmission power allowed to the network device in the LPI mode) For claim 7 . Palayur discloses all the limitations of claim 6, and Palayur further teaches: wherein the mode control logic determines to maintain the transceiver in the LPI mode in response to the transmission power being less than the maximum transmission power. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; threshold for the low power mode is maximum transmission power allowed to the network device in the LPI mode) For claim 8 . Palayur discloses all the limitations of claim 6, and Palayur further teaches: wherein the mode control logic is further configured to transmit, in response to the transmission power being less than the maximum transmission power, a signal that causes the network device to increase the transmission power. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; paragraph 92, “The AFC server 704 may be configured to transmit the transmission power mode permission to the AP using any suitable method. In one example, the AFC server 704 may comprise a transceiver that may be configured to transmit the transmission power mode permission to the AP”; threshold for the low power mode is maximum transmission power allowed to the network device in the LPI mode) For claim 11 . Palayur discloses all the limitations of claim 1, and Palayur further teaches: wherein the one or more signal strength parameters include a downlink signal strength parameter. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; interference data, distortion data, noise power data can be uplink parameters or downlink parameters since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 12 . Palayur discloses all the limitations of claim 11, and Palayur further teaches: wherein the downlink signal strength parameter corresponds to an RSSI downlink value of the network device. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are received signal strength Indicators; interference data, distortion data, noise power data can be uplink values or downlink values since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 13 . Palayur discloses all the limitations of claim 11, and Palayur further teaches: wherein to assess the downlink signal strength parameter, the mode control logic is further configured to: obtain a beacon report from the network device; determine the downlink signal strength parameter from the beacon report; and compare the downlink signal strength parameter with a downlink signal strength threshold. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; interference data, distortion data, noise power data can be uplink parameters or downlink parameters since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 14 . Palayur discloses all the limitations of claim 13, and Palayur further teaches: wherein, in response to the downlink signal strength parameter being less than the downlink signal strength threshold, the mode control logic evaluates that the power budget associated with the LPI mode is insufficient to provide the downlink coverage to the network device. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; interference data, distortion data, noise power data can be uplink parameters or downlink parameters since fig 1 shows some incumbent devices are downlink from AP and some incumbent devices are uplink from AP) For claim 17 . Palayur discloses all the limitations of claim 16, and Palayur further teaches: wherein the mode control logic is further configured to: assess a Radio Frequency (RF) proximity of the device with at least one neighboring device; and determine a device cell size based on the assessed RF proximity with the at least one neighboring device. (Palayur, paragraph 85-100, “The AP 706 may be configured to communicate with a close proximity communication device 722 via a wireless connection 724, as illustrated in FIG. 7B… The AP may comprise a processing device that may be configured to receive an AP location from one or more of an AP 706 or a close proximity communication device 722… The AP 706 may be configured to determine a distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712). The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712). The location of the AP 706 may be determined using the close proximity communication device 722. One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706 within a margin of error in which the margin of error may be a variance in area in the proximity of the AP 706… The AFC server 704 may be configured to determine the transmission power mode permission based on the uncertainty for the distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712). When the AP 706 has a larger location uncertainty compared to the distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) and the communication range for the AP 706, then a lower transmit power class may be used when compared to a situation in which the location uncertainty between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) is smaller when compared to the distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) and the communication range for the AP 706. The AFC server 704 may be configured to transmit the transmission power mode permission to the AP using any suitable method.”; variance in area in the proximity of the AP 706 is device cell size; location uncertainty is also device cell size) For claim 18 . Palayur discloses all the limitations of claim 17, and Palayur further teaches: wherein the mode control logic is further configured to identify a maximum downlink transmission power allowed in the SP mode based on the determined device cell size. (Palayur, paragraph 85-100, “The AP 706 may be configured to communicate with a close proximity communication device 722 via a wireless connection 724, as illustrated in FIG. 7B… The AP may comprise a processing device that may be configured to receive an AP location from one or more of an AP 706 or a close proximity communication device 722… The AP 706 may be configured to determine a distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712). The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712). The location of the AP 706 may be determined using the close proximity communication device 722. One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706 within a margin of error in which the margin of error may be a variance in area in the proximity of the AP 706… The AFC server 704 may be configured to determine the transmission power mode permission based on the uncertainty for the distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712). When the AP 706 has a larger location uncertainty compared to the distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) and the communication range for the AP 706, then a lower transmit power class may be used when compared to a situation in which the location uncertainty between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) is smaller when compared to the distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) and the communication range for the AP 706. The AFC server 704 may be configured to transmit the transmission power mode permission to the AP using any suitable method.”; variance in area in the proximity of the AP 706 is device cell size; location uncertainty is also device cell size) For claim 19 . Palayur teaches: A device, comprising: a processor; a transceiver operable in one of a Low Power Indoor (LPI) mode or a Standard Power (SP) mode; and a memory communicatively coupled to the processor, wherein the memory comprises a mode control logic that is configured to: (Palayur, fig 15, paragraph 166-171, device with network interface, processor, memory coupled to processor storing instructions executed by processor to perform methods; fig 1, paragraph 38, device may be configured to determine whether to (i) transmit in a standard power mode, (ii) transmit in a low power mode, (iii) transmit in a very low power mode, or (iv) not transmit) assess one or more signal strength parameters of a network device communicatively coupled to the device (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; alternatively, also see paragraph 85-100, “The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712)… One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706”) and a Radio Frequency (RF) proximity of the device with at least one neighboring device; (Palayur, fig 11-13, paragraph 137-153, “The method 1200 may begin at block 1205 where the processing logic may determine a close proximity communication device location. At block 1210, the processing logic may determine a distance between the close proximity communication device and the AP. At block 1215, the processing logic may determine an AP location based on the close proximity communication device location and the distance between the close proximity communication device and the AP.”) evaluate, based on the one or more signal strength parameters and the RF proximity, whether a power budget associated with the LPI mode provides an uplink coverage and a downlink coverage to the network device; and determine whether to switch the transceiver from the LPI mode to the SP mode based on the evaluation. (Palayur, fig 10, paragraph 127-136, “At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; fig 1, paragraph 38, some incumbent devices are downlink from AP and some incumbent devices are uplink from AP; fig 11-13, paragraph 137-153, “At block 1110, the processing logic may determine a distance between the AP and the one or more incumbent devices. At block 1115, the processing logic may determine an AP location based on a location of a close proximity communication device… At block 1215, the processing logic may determine an AP location based on the close proximity communication device location and the distance between the close proximity communication device and the AP… At block 1315 , the processing logic may determine a transmission power mode permission based on the distance between the AP and the incumbent device.”; paragraph 85-100, “The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712)… One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706”) For claim 20 . Palayur teaches: A method, comprising: assessing one or more signal strength parameters of a network device in communication with an access point; (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device.”; paragraph 64, “The operational characteristics may include one or more of:… interference data, distortion data, noise power data, environmental data, or the like.”; fig 1, paragraph 38, incumbent devices coupled to AP; interference data, distortion data, noise power data are signal strengths parameters; alternatively, also see paragraph 85-100, “The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712)… One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706”) evaluating, based on the one or more signal strength parameters, whether a power budget associated with a Low Power Indoor (LPI) mode of the access point provides an uplink coverage and a downlink coverage to the network device; and determining whether to switch the access point from the LPI mode to a Standard Power mode based on the evaluation. (Palayur, fig 10, paragraph 127-136, “At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; fig 1, paragraph 38, some incumbent devices are downlink from AP and some incumbent devices are uplink from AP; alternatively, also see fig 11-13, paragraph 137-153, “At block 1110, the processing logic may determine a distance between the AP and the one or more incumbent devices. At block 1115, the processing logic may determine an AP location based on a location of a close proximity communication device… At block 1215, the processing logic may determine an AP location based on the close proximity communication device location and the distance between the close proximity communication device and the AP… At block 1315 , the processing logic may determine a transmission power mode permission based on the distance between the AP and the incumbent device.”; paragraph 85-100, “The distance between the AP 706 and the incumbent device (e.g., Dish-1 710 and Dish-2 712) may be computed based on the location of the AP 706 and the location of the incumbent device (e.g., Dish-1 710 and Dish-2 712)… One or more of the location of the close proximity communication device 722 or the signal strength between the close proximity communication device 722 and the AP 706 may be used to compute the location of the AP 706”) Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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 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. 07-21-aia AIA Claim s 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Palayur, US 20230388962 in view of Monajemi, US 20160095079 . For claim 15 . Palayur discloses all the limitations of claim 14, however Palayur doesn’t teach: wherein the mode control logic is further configured to determine whether the network device is a sticky client. Monajemi from the same or similar fields of endeavor teaches: wherein the mode control logic is further configured to determine whether the network device is a sticky client. (Monajemi, paragraph 26, “At 210, the AP determines that at least one particular client that is associated to the AP should not be associated to the wireless access point, that is, the particular client is a sticky client. There are many ways to detect/determine that a client is a “sticky” client. One technique is for the AP to observe a weak signal from a client for a period of time. At 220, the AP transmits frames so that they are received at the particular client device with reduced strength so as to provoke the particular client device to transition from the AP.”) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Monajemi into Palayur, since Palayur suggests a technique for communication between AP and device, and Monajemi suggests the beneficial way of including into such technique determining whether such device is sticky device and transmits frames so that they are received at the device with reduced strength so as to provoke the device to transition from the AP (Monajemi, paragraph 26) in the analogous art of communication. For claim 16 . Palayur and Monajemi disclose all the limitations of claim 15, and Palayur further teaches: wherein, based on the network device being a non-sticky client, the mode control logic is further configured to: switch the transceiver from the LPI mode to the SP mode; and increase a downlink transmission power of the transceiver. (Palayur, fig 10, paragraph 127-136, “The method 1000 may begin at block 1005 where the processing logic may receive one or more operational characteristics from an incumbent device. At block 1010, the processing logic may estimate a mean square error (MSE) at the incumbent device based on the one or more operational characteristics for the incumbent device. At block 1015, the processing logic may compute a threshold MSE for the incumbent device based on a modulation type… The processing logic may be configured to switch from a standard power mode to a low power mode when the MSE is greater than a threshold for the standard power mode and less than a threshold for the low power mode. The processing logic may be configured to switch from a low power mode to a very low power mode when the MSE is greater than a threshold for the low power mode and less than a threshold for the very low power mode. The processing logic may be configured to switch from a very low power mode to an inactive mode when the MSE is greater than a threshold for the very low power mode. The processing logic may be configured to compute an I/N ratio for the incumbent device. In one example, the processing logic may be configured to compute the I/N ratio for the incumbent device based on the MSE value for the incumbent device. The processing logic may be configured to compute a link quality for one or more of the AP or the incumbent device. In one example, the processing logic may be configured to compute a link quality based on one or more of the MSE value, the MSE threshold, or the modulation type.”; the incumbent device is clearly a non-sticky device since AP is providing service to such device as described in fig 1, paragraph 38) Allowable Subject Matter Claims 9-10 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. (Please also resolve claim objections issues as indicated above where appropriate) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA B HUYNH whose telephone number is (571)270-7185. The examiner can normally be reached Monday - Friday 1:00 PM - 9:35 PM. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KHOA HUYNH/Primary Examiner, Art Unit 2462 Application/Control Number: 18/795,044 Page 2 Art Unit: 2462 Application/Control Number: 18/795,044 Page 3 Art Unit: 2462 Application/Control Number: 18/795,044 Page 4 Art Unit: 2462 Application/Control Number: 18/795,044 Page 6 Art Unit: 2462 Application/Control Number: 18/795,044 Page 7 Art Unit: 2462 Application/Control Number: 18/795,044 Page 8 Art Unit: 2462 Application/Control Number: 18/795,044 Page 9 Art Unit: 2462 Application/Control Number: 18/795,044 Page 10 Art Unit: 2462 Application/Control Number: 18/795,044 Page 11 Art Unit: 2462 Application/Control Number: 18/795,044 Page 12 Art Unit: 2462 Application/Control Number: 18/795,044 Page 13 Art Unit: 2462 Application/Control Number: 18/795,044 Page 14 Art Unit: 2462 Application/Control Number: 18/795,044 Page 15 Art Unit: 2462 Application/Control Number: 18/795,044 Page 16 Art Unit: 2462 Application/Control Number: 18/795,044 Page 17 Art Unit: 2462 Application/Control Number: 18/795,044 Page 18 Art Unit: 2462 Application/Control Number: 18/795,044 Page 19 Art Unit: 2462 Application/Control Number: 18/795,044 Page 20 Art Unit: 2462
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