DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Art Unit- Location
The Art Unit location of your application in the USPTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Art Unit 2642.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 08/29/2024 as modified by the preliminary amendment filed on 01/14/2025. Claims 21-40 are now pending in the present application.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 12/20/2024 and 10/30/2025 are in compliance with the provision of 37 CFR 1.97, have been considered by the Examiner, and made of record in the application file.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 21-22, 27-31 and 36-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lagrange et al Patent Application No. :( US 2010/0159832 A1) hereinafter referred as Lagrange.
For claim 21, Lagrange teaches a method, comprising:
determining, by a computing device, a physical location of a high priority receiver (HPR), wherein the HPR is operating on a communication channel (paragraphs [0009], [0067] and [0069], lines 1-3 discloses the determining the geographical area within the network ) (see 1000 and 1001 fig. 10 6h4 updating the routing and determining the relay for a device in the network);
determining, by the computing device, one or more wireless devices within a threshold proximity of the physical location of the HPR channel (paragraphs [0308], lines 1-3 discloses the discloses the proximity area of this kind may be defined for example as a function of an intersection between the coverage area of the network and a disk 6000 whose center is a reference point such as the center of the receiver device 130 and a predefined radius 6020 corresponding to a proximity threshold between the receiver device 130 and a disturbing obstacle. The term "proximity threshold" is understood to mean a distance from the receiver device considered, below which the presence of a physical element is likely to generate disturbances that are harmful to communications in progress with the receiver device considered); and
providing, by the computing device and to the one or more wireless devices within the threshold proximity of the physical location of the HPR, a notification including one or more instructions to avoid operation on the communication channel (paragraphs [0036], lines 1-11 discloses the diagnostics of quality of communications may be established in order to provide for a possible reconfiguration of communications and thus carry out an "avoidance maneuver" to avoid expected potential disturbances).
For claim 22, Lagrange teaches the method, wherein determining one or more wireless devices within the threshold proximity of the physical location of the HPR comprises determining one or more wireless devices within the threshold proximity of the physical location of the HPR based on a network graph of the one or more wireless devices based on signal strength measurements of signals communicated between the one or more wireless devices (paragraphs [0308] and [0315], lines 1-11).
For claim 27, Lagrange teaches the method, wherein the one or more of wireless devices comprise an access point (see Fig 4(a)).
For claim 28, Lagrange teaches the method, further comprising: determining a frequency band of the communication channel, wherein the one or more instructions to avoid operation on the communication channel comprise an instruction to use a frequency band different than the frequency band of the communication channel (paragraphs [0131], lines 1-10).
For claim 29, Lagrange teaches the method, wherein determining the physical location of the HPR is performed in response to receiving, by the computing device and from a wireless device of the one or more wireless devices, a notification indicating the wireless device detected the HPR (paragraphs [0069]-[0070], lines 1-6) and (paragraphs [0275], lines 1-10).
For claim 30, Lagrange teaches a computing device, comprising: memory; and one or more processors coupled to the memory, wherein the one or more processors are configured to: determine a physical location of a high priority receiver (HPR), wherein the HPR is operating on a communication channel (paragraphs [0009], [0067] and [0069], lines 1-3 discloses the determining the geographical area within the network ) (see 1000 and 1001 fig. 10 6h4 updating the routing and determining the relay for a device in the network);
determine one or more wireless devices within a threshold proximity of the physical location of the HPR (paragraphs [0308], lines 1-3 discloses the discloses the proximity area of this kind may be defined for example as a function of an intersection between the coverage area of the network and a disk 6000 whose center is a reference point such as the center of the receiver device 130 and a predefined radius 6020 corresponding to a proximity threshold between the receiver device 130 and a disturbing obstacle. The term "proximity threshold" is understood to mean a distance from the receiver device considered, below which the presence of a physical element is likely to generate disturbances that are harmful to communications in progress with the receiver device considered); and provide, to the one or more wireless devices within the threshold proximity of the physical location of the HPR, a notification including one or more instructions to avoid operation on the communication channel (paragraphs [0036], lines 1-11 discloses the diagnostics of quality of communications may be established in order to provide for a possible reconfiguration of communications and thus carry out an "avoidance maneuver" to avoid expected potential disturbances).
For claim 31, Lagrange teaches the computing device, wherein to determine one or more wireless devices within the threshold proximity of the physical location of the HPR, the one or more processors are configured to determine one or more wireless devices within the threshold proximity of the physical location of the HPR based on a network graph of the one or more wireless devices based on signal strength measurements of signals communicated between the one or more wireless devices (paragraphs [0308] and [0315], lines 1-11).
For claim 36, Lagrange teaches the computing device, wherein the one or more of wireless devices comprise an access point (see Fig 4(a)).
For claim 37, Lagrange teaches the computing device, wherein the one or more processors are further configured to determine a frequency band of the communication channel, and wherein the one or more instructions to avoid operation on the communication channel comprise an instruction to use a frequency band different than the frequency band of the communication channel (paragraphs [0131], lines 1-10).
For claim 38, Lagrange teaches the computing device, wherein to determine the physical location of the HPR, the one or more processors are configured to determine the physical location of the HPR in response to receiving, from a wireless device of the one or more wireless devices, a notification indicating the wireless device detected the HPR (paragraphs [0069]-[0070], lines 1-6) and (paragraphs [0275], lines 1-10).
For claim 39, Lagrange teaches a non-transitory computer-readable media comprising instructions that when executed by one or more processors cause the one or more processors to:
determine a physical location of a high priority receiver (HPR), wherein the HPR is operating on a communication channel (paragraphs [0009], [0067] and [0069], lines 1-3 discloses the determining the geographical area within the network ) (see 1000 and 1001 fig. 10 6h4 updating the routing and determining the relay for a device in the network);
determine one or more wireless devices within a threshold proximity of the physical location of the HPR (paragraphs [0308], lines 1-3 discloses the discloses the proximity area of this kind may be defined for example as a function of an intersection between the coverage area of the network and a disk 6000 whose center is a reference point such as the center of the receiver device 130 and a predefined radius 6020 corresponding to a proximity threshold between the receiver device 130 and a disturbing obstacle. The term "proximity threshold" is understood to mean a distance from the receiver device considered, below which the presence of a physical element is likely to generate disturbances that are harmful to communications in progress with the receiver device considered); and
provide, to the one or more wireless devices within the threshold proximity of the physical location of the HPR, a notification including one or more instructions to avoid operation on the communication channel (paragraphs [0036], lines 1-11 discloses the diagnostics of quality of communications may be established in order to provide for a possible reconfiguration of communications and thus carry out an "avoidance maneuver" to avoid expected potential disturbances).
For claim 40, Lagrange teaches the non-transitory computer-readable media, further comprising instructions that when executed by the one or more processors cause the one or more processors to: determine a frequency band of the communication channel, wherein the one or more instructions to avoid operation on the communication channel comprise an instruction to use a frequency band different than the frequency band of the communication channel(paragraphs [0131], lines 1-10). .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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:
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 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 23-26 and 32-35 are rejected under 35 U.S.C. 103 as being un-patentable over Lagrange et al Patent Application No. :( US 2010/0159832 A1) hereinafter referred as Lagrange, in view of Kim et al US Patent Applicant No.:( US 2016/0192269 A1) hereinafter referred as Kim.
For claim 23, Lagrange disclose all the subject matter of the claimed invention with the exemption of the maintaining, by the computing device, a blacklist indicative of the communication channel on which the HPR is operating as recited in claim 23.
Kim from the same or analogous art teaches the maintaining, by the computing device, a blacklist indicative of the communication channel on which the HPR is operating (paragraphs [0013], lines 1-9 Kim). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the maintaining, by the computing device, a blacklist indicative of the communication channel on which the HPR is operating as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The maintaining, by the computing device, a blacklist indicative of the communication channel on which the HPR is operating can be modify/implemented by combining the maintaining, by the computing device, a blacklist indicative of the communication channel on which the HPR is operating with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the blacklist indicative of the communication channel on which the HPR is operating reducing the interference risk and enables proactive channel helping the communication to be more efficient and reliable for a better communication.
For claim 24, Lagrange disclose all the subject matter of the claimed invention with the exemption of the notification including one or more instructions to avoid operation on the communication channel comprises sending the blacklist to each of the one or more wireless devices within the threshold proximity of the physical location of the HPR s recited in claim 24.
Kim from the same or analogous art teaches the notification including one or more instructions to avoid operation on the communication channel comprises sending the blacklist to each of the one or more wireless devices within the threshold proximity of the physical location of the HPR (paragraphs [0318] and [0319], lines 1-11 Kim). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the notification including one or more instructions to avoid operation on the communication channel comprises sending the blacklist to each of the one or more wireless devices within the threshold proximity of the physical location of the HPR as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The notification including one or more instructions to avoid operation on the communication channel comprises sending the blacklist to each of the one or more wireless devices within the threshold proximity of the physical location of the HPR can be modify/implemented by combining the notification including one or more instructions to avoid operation on the communication channel comprises sending the blacklist to each of the one or more wireless devices within the threshold proximity of the physical location of the HPR with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the notification including sending the blacklist to each of the one or more wireless devices to manage much better the communication connection becoming more efficient and reliable for a better communication.
For claim 25, Lagrange disclose all the subject matter of the claimed invention with the exemption of the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determining that the signal strength measurement of the signal satisfies a threshold as recited in claim 25.
Kim from the same or analogous art teaches the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR (paragraph [0136], lines 1-4); and determining that the signal strength measurement of the signal satisfies a threshold (paragraph [0136], lines 4-11). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determining that the signal strength measurement of the signal satisfies a threshold as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determining that the signal strength measurement of the signal satisfies a threshold can be modify/implemented by combining the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determining that the signal strength measurement of the signal satisfies a threshold with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR that will ensures the connectivity and support better communication becoming more efficient and reliable for a better communication.
For claim 26, Lagrange discloses the method, wherein the notification comprises a first notification, the method further comprising: providing, by the computing device and to the one or more wireless devices within the threshold proximity of the physical location of the HPR (paragraph [0308], lines 1-16). However, Lagrange disclose all the subject matter of the claimed invention with the exemption of the second notification including one or more instructions to permit operation on the communication channel based on a threshold period of time as recited in claim 26.
Kim from the same or analogous art teaches the a second notification including one or more instructions to permit operation on the communication channel based on a threshold period of time (paragraphs [0092]-[0093], lines 1-13). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR (paragraph [0136], lines 1-4); and determining that the signal strength measurement of the signal satisfies a threshold as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR (paragraph [0136], lines 1-4); and determining that the signal strength measurement of the signal satisfies a threshold can be modify/implemented by combining the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR (paragraph [0136], lines 1-4); and determining that the signal strength measurement of the signal satisfies a threshold with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR that will ensures the connectivity and support better communication becoming more efficient and reliable for a better communication.
For claim 32, Lagrange disclose all the subject matter of the claimed invention with the exemption of the maintain a blacklist indicative of the communication channel on which the HPR is operating as recited in claim 32.
Kim from the same or analogous art teaches the maintain a blacklist indicative of the communication channel on which the HPR is operating (paragraphs [0013], lines 1-9). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the maintain a blacklist indicative of the communication channel on which the HPR is operating as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The maintain a blacklist indicative of the communication channel on which the HPR is operating can be modify/implemented by combining the maintain a blacklist indicative of the communication channel on which the HPR is operating with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the blacklist indicative of the communication channel on which the HPR is operating reducing the interference risk and enables proactive channel helping the communication to be more efficient and reliable for a better communication.
For claim 33, Lagrange disclose all the subject matter of the claimed invention with the exemption of the notification including one or more instructions to avoid operation on the communication channel, the one or more processors are configured to send the blacklist to each of the identified one or more wireless devices of the plurality of wireless devices within the threshold proximity of the physical location of the HPR as recited in claim 33.
Kim from the same or analogous art teaches the notification including one or more instructions to avoid operation on the communication channel, the one or more processors are configured to send the blacklist to each of the identified one or more wireless devices of the plurality of wireless devices within the threshold proximity of the physical location of the HPR (paragraphs [0318] and [0319], lines 1-11 Kim). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the notification including one or more instructions to avoid operation on the communication channel, the one or more processors are configured to send the blacklist to each of the identified one or more wireless devices of the plurality of wireless devices within the threshold proximity of the physical location of the HPR as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The notification including one or more instructions to avoid operation on the communication channel, the one or more processors are configured to send the blacklist to each of the identified one or more wireless devices of the plurality of wireless devices within the threshold proximity of the physical location of the HPR can be modify/implemented by combining the notification including one or more instructions to avoid operation on the communication channel, the one or more processors are configured to send the blacklist to each of the identified one or more wireless devices of the plurality of wireless devices within the threshold proximity of the physical location of the HPR with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the notification including sending the blacklist to each of the one or more wireless devices to manage much better the communication connection becoming more efficient and reliable for a better communication.
For claim 34, Lagrange disclose all the subject matter of the claimed invention with the exemption of the determine a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determine that the signal strength measurement of the signal satisfies a threshold as recited in claim 34.
Kim from the same or analogous art teaches the determine a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; (paragraph [0136], lines 1-4); and determine that the signal strength measurement of the signal satisfies a threshold (paragraph [0136], lines 4-11). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the determine a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determine that the signal strength measurement of the signal satisfies a threshold as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The determine a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determine that the signal strength measurement of the signal satisfies a threshold can be modify/implemented by combining the determine a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR; and determine that the signal strength measurement of the signal satisfies a threshold with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR that will ensures the connectivity and support better communication becoming more efficient and reliable for a better communication.
For claim 35, Lagrange discloses the computing device wherein the notification comprises a first notification, and wherein the one or more processors are further configured to provide, to the one or more wireless devices within the threshold proximity of the physical location of the HPR (paragraph [0308], lines 1-16). However, Lagrange disclose all the subject matter of the claimed invention with the exemption of the a second notification including one or more instructions to permit operation on the communication channel based on a threshold period of time as recited in claim 35.
Kim from the same or analogous art teaches the a second notification including one or more instructions to permit operation on the communication channel based on a threshold period of time (paragraphs [0092]-[0093], lines 1-13). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR (paragraph [0136], lines 1-4); and determining that the signal strength measurement of the signal satisfies a threshold as taught by Kim into the methods for managing communications of a wireless communications network of Lagrange.
The determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR (paragraph [0136], lines 1-4); and determining that the signal strength measurement of the signal satisfies a threshold can be modify/implemented by combining the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR (paragraph [0136], lines 1-4); and determining that the signal strength measurement of the signal satisfies a threshold with the device. This process is implemented as a hardware solution or as firmware solutions of Kim into the methods for managing communications of a wireless communications network of Lagrange. As disclosed in Kim, the motivation for the combination would be to use the determining a signal strength measurement of a signal received by a wireless device of the one or more wireless devices from the HPR that will ensures the connectivity and support better communication becoming more efficient and reliable for a better communication.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is shown in the following table:
US-20220045554-A1
Leabman; Michael A.
US-20200064456-A1
Xu; Qinyi
US-20200006988-A1
LEABMAN; Michael A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
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