DETAILED ACTION
1. Claims 1-20 have been examined and are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on 9/05/2024 and 1/22/2025 have been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
5. The drawings were received on 10/04/2024. These drawings are accepted.
Specification
6. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claims 1-3, 6, 8-10, 13, 15-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2021/0168712 A1 to Cherian et al. (hereinafter “Cherian”).
Regarding Claim 1, Cherian discloses an access point (Cherian: Figure 6A with [0021]) comprising:
one or more memories (Cherian: Figure 6A, element 640); and
one or more processors communicatively coupled to the one or more memories (Cherian: Figure 6A, element 630),
the one or more processors configured to:
determine that access points of an extended service set are refraining from
using a first channel (Cherian: [0152-0155] – corresponds to determining time period in which access points do or do not transmit/receive signals; [0050] – one or more access points may form an extended service set (ESS). See also [0129].); and
communicate, to a first device, a first beacon comprising a channel usage
element indicating that the first channel is available for the first device to use to
communicate directly with a second device (Cherian: [0099-0104] – corresponds to a beacon that includes an information element comprising reserved access window(s) allowing for one or more wireless stations to communicate on a channel with one or more other wireless stations.).
Regarding Claim 2, Cherian discloses the access point of claim 1, wherein the one or more processors are further configured to communicate at least one of a probe response, an association response, or a reassociation response comprising a channel usage element indicating that the first channel is available for the first device to use to communicate directly with a second device (Cherian: [0049] – corresponds to what is well-known in the art to transmit probe requests and receive probe responses to establish a communication link (channel availability); see also [0101-0102] – the exchange of probe packets include responses regarding channel availability for reserved access window in order to use the channel at a particular time.).
Regarding Claim 3, Cherian discloses the access point of claim 1, wherein the channel usage element comprises a channel usage mode field indicating that the first channel is available for the first device to use to communicate directly with the second device (Cherian: [0132] – “For example, each trigger frame of the CTI frame 1110 may include a user information field for each of the access points that includes the respective indication of the frequency resources or the spatial resources the access point is to use to transmit its CTR frame 1112.” This feature corresponds to a field that represents an indication of the user and the resources available for use for said user.).
Regarding Claim 6, Cherian discloses the access point of claim 1, wherein the one or more processors are further configured to receive, from a network controller, an indication that the access points of the extended service set are refraining from using the first channel, wherein determining that the access points of the extended service set are refraining from using the first channel is based on the indication (Cherian: [0152-0155] – corresponds to determining time period in which access points do or do not transmit/receive signals. The TXOP (transmission opportunity) is transmitted as an indication along with an indication of which wireless stations operable to access the channel during the TXOP.; [0050] – one or more access points may form an extended service set (ESS). See also [0129].).
Claims 8-10 and 13, directed to a method embodiment of claims 1-3 and 6, recite similar features as claims 1-3 and 6, respectively, and are therefore rejected upon the same grounds as claims 1-3 and 6. Please see above rejections of claims 1-3 and 6.
Regarding Claim 15, Cherian discloses an apparatus (Cherian: Figures 6B, 20) comprising:
one or more memories (Cherian: Figure 6B, element 645); and
one or more processors communicatively coupled to the one or more memories (Cherian: Figure 6B, element 635),
the one or more processors configured to:
receive, from a first access point, a first beacon comprising a channel usage element indicating that a first channel is available for non-infrastructure
communications (Cherian: [0099-0104] – corresponds to a beacon that includes an information element comprising reserved access window(s) allowing for one or more wireless stations to communicate on a channel with one or more other wireless stations, the reserved access windows supporting device-to-device (D2D) communications, a type of non-infrastructure communications.); and
based on the first beacon, communicate a message directly to a device using the first channel (Cherian: [0104] – “In some implementations, during at least one of the time slots 804, at least some of the first set of wireless stations may be permitted to transmit or receive direct wireless communications to or from other wireless stations associated with other BSSs controlled by other access points.” This suggests at least communications (one or more messages) may be communicated via D2D, or direct link communications between two wireless stations.).
Regarding Claim 16, Cherian discloses the apparatus of claim 15, wherein the one or more processors are further configured to receive, from the first access point, at least one of a probe response, an association response, or a reassociation response comprising a channel usage element indicating that the first channel is available for non-infrastructure communications (Cherian: [0049] – corresponds to what is well-known in the art to transmit probe requests and receive probe responses to establish a communication link (channel availability); see also [0101-0102] – the exchange of probe packets include responses regarding channel availability for reserved access window in order to use the channel at a particular time.).
Regarding Claim 17, the apparatus of claim 15, wherein the channel usage element comprises a channel usage mode field indicating that the first channel is available for non-infrastructure communications (Cherian: [0132] – “For example, each trigger frame of the CTI frame 1110 may include a user information field for each of the access points that includes the respective indication of the frequency resources or the spatial resources the access point is to use to transmit its CTR frame 1112.” This feature corresponds to a field that represents an indication of the user and the resources available for use for said user.).
Regarding Claim 19, Cherian discloses the apparatus of claim 15, wherein the one or more processors are further configured to receive a second beacon from a second access point of an extended service set of the first access point, wherein the second beacon indicates that the first channel is available for non-infrastructure communications (Cherian: [0152-0155] – corresponds to determining time period in which access points do or do not transmit/receive signals. The TXOP (transmission opportunity) is transmitted as an indication along with an indication of which wireless stations operable to access the channel during the TXOP.; [0050] – one or more access points may form an extended service set (ESS). See also [0129].).
Claim Rejections - 35 USC § 103
10. 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.
11. 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.
12. 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.
13. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
14. Claims 4, 5, 11, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cherian.
Regarding Claim 4, Cherian discloses the access point of claim 1, wherein the one or more processors are further configured to communicate, to the first device, a second beacon comprising a channel usage element indicating that a second channel is available for the first device to use to communicate traffic that is subject to quality of service requirements (Cherian: [0099-0104] – corresponds to a beacon that includes an information element comprising reserved access window(s) allowing for one or more wireless stations to communicate on a channel with one or more other wireless stations. [0050] – the STA may determine a channel in which the quality of service (received signal strength, including an indication, or RSSI.).
Since Cherian discloses communicating via beacons regarding available channels that include information elements for indicating reserved access windows for communicating with access points and/or wireless stations, and Cherian further discloses accessing different access points during roaming for a more desirable network characteristic (better quality), wherein the beacons may include information for identifying different access points (Cherian: [0129]), it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to modify the beacons to identify a channel for use based on a required quality metric (signal strength) in order to allocate resources for direct wireless communications in contention-based systems (Cherian: [0044-0045]).
Regarding Claim 5, Cherian discloses the access point of claim 4, wherein the channel usage element further indicates that the second channel is available for access points of the extended service set to use to communicate traffic that is subject to quality of service requirements (Cherian: [0099-0104] – corresponds to a beacon that includes an information element comprising reserved access window(s) allowing for one or more wireless stations to communicate on a channel with one or more other wireless stations. [0050] – the STA may determine a channel in which the quality of service (received signal strength, including an indication, or RSSI for devices that may be a part of an extended service set (ESS), particularly multiple access points (AP).).
Since Cherian discloses communicating via beacons regarding available channels that include information elements for indicating reserved access windows for communicating with access points and/or wireless stations, and Cherian further discloses accessing different access points during roaming for a more desirable network characteristic (better quality), wherein the beacons may include information for identifying different access points (Cherian: [0129]), it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to modify the beacons to identify a channel for use based on a required quality metric (signal strength) in order to allocate resources for direct wireless communications in contention-based systems (Cherian: [0044-0045]).
Claims 11 and 12, dependent upon claim 8, recite similar features as claims 4 and 5, respectively, and are therefore rejected upon the same grounds as claims 4 and 5. Please see above rejections of claims 4 and 5.
Claim 18, dependent upon claim 15, recites similar features as claim 4 and is therefore rejected upon the same grounds as claim 4. Please see above rejection of claim 4.
15. Claims 7, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cherian in view of United States Patent Application Publication 2021/0352474 A1 to Bajko et al. (hereinafter “Bajko”).
Regarding Claim 7, Cherian discloses the access point of claim 1, wherein the access points are operable to perform authentication and association operations to establish a communication link (Cherian: [0049]), but does not expressly disclose wherein the one or more processors are further configured to include, in the first beacon, a message integrity check field.
However, this feature cannot be considered new or novel in the presence of Bajko. Bajko is similarly concerned with identifying wireless devices for the purpose of establishing one or more communication links (Bajko: [0006]). Bajko discloses include, in the first beacon, a message integrity check field (Bajko: [0010], [0058] – a beacon includes a message integrity check (MIC).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the beacon frame of Cherian in view of the beacon frame of Bajko to include an MIC for the reasons of securely identifying access points operable to perform multi-link communication with a plurality of devices at the same time (Bajko: [0005-0006]).
Claim 14, dependent upon claim 8, recites similar features as claim 7 and is therefore rejected upon the same grounds as claim 7. Please see above rejection of claim 7.
Claim 20, dependent upon claim 15, recites similar features as claim 7 and is therefore rejected upon the same grounds as claim 7. Please see above rejection of claim 7.
Conclusion
16. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 August 5, 2026
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