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 .
This Office Action is in response to initial filing on 12/18/2024.
Claims 1-114 are cancelled.
Claims 118, 120 and 122 have been cancelled.
Claims 115, 128 and 134 have been amended.
Claims 135-137 have been newly added.
Claim 115-117, 119, 121, 123-137 are currently pending and have been considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/31/2025, 05/09/2025, 09/05/2025, 09/18/2025 and 01/30/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 09/01/2024. These drawings are reviewed and accepted by the Examiner.
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 115 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12082093. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant claim 115 corresponds to conflicting claim 1 except it does not require the Wi-Fi transceivers being coupled to two or more networking lines and two or more power lines.
Regarding claim 1, the table below shows that claim 1 of the patent contains the elements of claim 1 of the instant application, and therefore, is an obvious variant thereof.
Instant Application 18/822271
Patent 12/082093
115. (Currently Amended) A computer-implemented method of dynamically configuring a wireless networking system, comprising:
obtaining, for each of a plurality of antennas in the wireless networking system, topology information indicating whether and how a signal of each of the plurality of antennas antenna is in reach of one or more other antennas in the plurality of antennas, the wireless networking system including two or more Wi-Fi transceivers coupled to each other in a parallel configuration when coupled to two or more networking lines and two or more power lines arranged along a linear row, each of which is operable to be the two or more Wi-Fi transceivers is selectively coupled to one or more of the plurality of antennas by respective switches;
determining, dependent on the obtained topology information, a desired configuration change for the wireless networking system, the desired configuration change including a change in which and how many of the plurality of antennas are coupled to the two or more Wi-Fi transceivers or a change in which or how many of the two or more Wi-Fi transceivers are active; and
initiating the desired configuration change.
1.A computer-implemented method of dynamically configuring a wireless networking system, comprising:
obtaining, for each of a plurality of antennas in the wireless networking system, topology information indicating whether and how a signal of each of the plurality antennas is in reach of one or more other antennas in the plurality of antennas, the wireless networking system including two or more Wi-Fi transceivers coupled to each other in a parallel configuration when coupled to a single networking line and a single power line arranged along a linear row, each of which the two or more Wi-Fi transceivers is selectively coupled to one or more of the plurality of antennas by respective switches; determining, dependent on the obtained topology information, a desired configuration change for the wireless networking system, the desired configuration change including a change in which and how many of the plurality of antennas are coupled to the two or more Wi-Fi transceivers or a change in which or how many of the two or more Wi-Fi transceivers are active; and initiating the desired configuration change.
Instant claim 116 and conflicting claim 2 correspond.
Instant claim 117 and conflicting claim 3 correspond.
Instant claim 119 and conflicting claim 5 correspond.
Instant claim 121 and conflicting claim 6 correspond.
Instant claim 123 and conflicting claim 9 correspond.
Instant claim 124 and conflicting claim 10 correspond.
Instant claim 125 and conflicting claim 11 correspond.
Instant claim 126 and conflicting claim 12 correspond.
Instant claim 127 and conflicting claim 13 correspond.
Instant claim 128 and conflicting claim 14 correspond except does not require two or more networking lines and two or more power lines.
Instant claim 129 and conflicting claim 15 correspond.
Instant claim 130 and conflicting claim 16 correspond.
Instant claim 131 and conflicting claim 17 correspond.
Instant claim 132 and conflicting claim 18 correspond.
Instant claim 133 and conflicting claim 19 correspond.
Instant claim 136 and conflicting claim 20 correspond.
Instant claim 137 and conflicting claim 21 correspond.
Allowable Subject Matter
Claims 115-117, 119, 121 and 123-137 would be allowable upon overcoming the objection(s) to the claims as indicated above and upon receipt of a proper and approval of Terminal Disclaimer to overcome the rejection(s) under nonstatutory obviousness-type double patenting.
The following is an examiner’s statement of reasons for allowance:
Claims 115-117, 119, 121 and 123-137 are allowed because the closes prior art of record US 8725167 to Pabla discloses multiplicity of inputs such as, the measured RF signals at a multiplicity of radios from a multiplicity of other radios, the traffic and quality of service requirements from the user, the network configuration and coverage required from the service provider, the capabilities of the multiplicity of radios in the radio bank, the number of radios in the radio bank, the capabilities of the interface matrix, the capabilities of the multiplicity of configurable antennas in the antenna bank, the number of configurable antennas in the antenna bank, the capabilities of the wireless devices that want to connect to the radios; US 20190253107 to Ahmadi mobile device to report signal quality measurements based on signals received from at least a portion of a first plurality of antenna nodes coupled to the base station, wherein at least two of the first plurality of antenna nodes are geographically separated; and US 7804763 to Berkman et al disclose the modem may be configured to transmit and receive orthogonal frequency division multiplexed data signals that comprise a plurality of sub-carriers, wherein the modem is adapted to vary the transmit power for each of a plurality of subsets of the plurality of sub-carriers from substantially zero power to a plurality of increments above zero power.
There is no teaching or suggestion for one having ordinary skill in the art before the effective filling date of claimed invention to modify the method or system as disclosed by the prior art of record to have or render obvious the features of the method or system of dynamically configuring a wireless networking system comprising topology information indicating whether and how a signal of each of the plurality of antennas is in reach of one or more other antennas in the plurality of antennas, the wireless networking system including two or more Wi-Fi transceivers coupled to each other in a parallel configuration when coupled to two or more networking lines and two or more power lines arranged along a linear row, each of the two or more Wi-Fi transceivers is selectively coupled to one or more of the plurality of antennas by respective switches; determining, dependent on the obtained topology information, a desired configuration change for the wireless networking system, the desired configuration change including a change in which and how many of the plurality of antennas are coupled to the two or more Wi-Fi transceivers or a change in which or how many of the two or more Wi-Fi transceivers are active (claim 115); for each of a plurality of antennas in a wireless networking system, topology information indicating whether and how a signal of each of the plurality of antennas is in reach of one or more other antennas in the plurality of antennas, the wireless networking system including two or more Wi-Fi transceivers coupled to each other in a parallel configuration when coupled to two or more networking lines and two or more power lines arranged along a linear row, each of the two or more Wi-Fi transceivers is selectively coupled to one or more of the plurality of antennas by respective switches; determine, dependent on the obtained topology information, a desired configuration change for the wireless networking system, the desired configuration change including a change in which and how many of the plurality of antennas are coupled to the two or more Wi-Fi transceivers or a change in which or how many of the two or more Wi-Fi transceivers are active (claim 134), as defined in the specification, in combination with all other limitations in the claim(s) as defined by applicant.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst can be reached at 5712705371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIO R PEREZ/Primary Examiner, Art Unit 2644
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