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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8, 16 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 8, 16 and 20, the claims all recite in response to determining the number of VAPs is greater than a threshold, generate a second supplemental beacon. However, looking to Applicant’s specification, it is recited (Paragraphs 0056-00557 or PGPUB of application) that the size (in bytes) of the beacon containing a group of VAPs is compared to a byte threshold and the byte threshold (not the number of VAPs) is used to subdivide the beacon into multiple sets of VAPs within the byte size threshold. This distinction is important, as it is not clear if the byte length of the individual VAPs can change and therefore result in different or oversize beacons even when the number of VAPs in a beacon remain the same. Therefore, claims 8, 16 and 20 are indefinite in view of the specification as the matter of if the threshold is in bytes or in a number of VAPs is unclear. In order to advance prosecution, the claims are being interpreted as determining the number of VAPs in a beacon is greater than a size threshold.
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:
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.
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.
Claim(s) 1-6, 9, 11- 14, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hazarika, et al. (US Pre Grant Publication No. 2022/0400374) in view of Gidvani, et al. (US Pre Grant Publication No. US 2023/0044914 A1; note also provisional 63/241,191 [“191”])
Regarding claims 1 and 19, Hazarika discloses a computing system for supplemental beacons comprising: one or more processors; and a non-transitory computer readable medium including instructions (paragraph 0063) that, when executed by the one or more processors, cause the one or more processors to perform operations comprising and a non-transitory computer-readable storage medium for supplemental beacons, configured with instructions executable by one or more processors to cause the one or more processors to perform operations comprising:
detecting a first beacon of a plurality of beacons, wherein the plurality of beacons transmit data between one or more network devices and one or more client devices, and the first beacon is transmitting a first beacon data; (The system of Hazrika discloses a series of beacons, each containing a portion of the available BSSID elements and a common portion that may be applied to/inherited by all of the other beacons [0068-0069 – discussing common portion; fig. 9 and paragraphs 0080-0085 – disclosing the burst of multiple beacons, further discussed infra]. Each of the series of beacons may be considered to be a first beacon depending on the perspective of the UE. For example, if a UE is associated with BSSID 5, then the first beacon will be beacon 906 of fig. 9, which has the elements related to the UE’s current attached access point and also has common information that applies to all the remaining supplemental beacons that outline the configuration of the remaining access points [i.e. beacons 904 and 902][paragraphs 0080-0088][as an illustration of this point see paragraph 0085, a legacy UE/non-EMA station will treat BSSID 3 as, fig 9, element 904, as the first/legacy beacon, note that the present mapping is to an EMA UE not a legacy UE, but this demonstrates that any of the beacons may be considered to be the “first beacon” [i.e. legacy type beacon] that is supplemented by the remaining beacons, depending on the UE’s perceptive as to which beacon is associated with the attached access point].)
generating a first supplemental beacon for the first beacon, wherein the first supplemental beacon supports the first beacon by transmitting a first data set of the first beacon data; (As discussed in (a), supra, the first beacon may be considered to be the legacy beacon of the BSSID to which the UE is currently attached, therefore the first beacon may be beacon 906 of fig.9, which is supplemented by beacons 902 and 904, which contain the remainder of the BSSIDs transmitted. The first supplemental beacon can be beacon 904, which contains first data set [BSSIDS 3 and 4] which supports the first beacon data by providing additional non-common data related to other BSSIDs in use but not presently attached to by the station [paragraphs 0080-0088, fig. 9], for embodiments in which the first supplemental beacon is required to be next to the first beacon (see dependent claim 5, for example). In cases of multiple supplemental beacons the first supplemental beacon will be beacon 902 and the second beacon 904 (see, for example, dependent claim 8).
detecting a first client device of the one or more client device can receive the first beacon data and transmitting, by the first supplemental beacon, the first data set of the first beacon data to the first client device before the first beacon transmits a second data set of the first beacon data. (Each multiple BSSID set indicates a FSRP value that indicates to the client device how many supplemental beacons it must receive as an EMA compatible client to receive the entire beacon [paragraph 0071 – BSSID set indication of all beacon data elements; 0005 – EMA compatible clients receive all elements]. As discussed supra, the first beacon/second data set may be an arbitrary beacon, such as 906 of fig. 9, which is preceded by a first supplemental beacon with first beacon data [fig. 9, element 904].)
Hazarika fails to explicitly disclose considering if the client is awake, such that the transmitting of the supplemental beacon is in response to detecting the first client is awake. (although this is strongly suggested, as the first client receives the data and is therefore awake, the implication of a possibly sleeping first client that is determined to be awake is not addressed). In the same field of endeavor, Gidvani discloses considering if the client is awake, such that the transmitting of the supplemental beacon is in response to detecting the first client is awake. (Gidvani discloses that the client remains awake to receive all beacon elements, including follow on beacons [paragraph 0035 and 191, page 4]. [Note also the Gidvani strongly suggests a supplemental beacon as claimed [a supplemental beacon that proceeds a primary beacon by SIFS] [fig. 3, elements 110, and 105, note also paragraph 0041 explicitly discloses receiving follow on beacon and the primary beacon are received together and separated by the SIFS] but is lacking in good support in 191 for these elements [see 191 page 7 – the follow on beacon proceeding the primary beacon by SIFS is noted, but it is not clear if the UE is receiving both at the same time or if the follow on beacon separated by the SIFS from the primary beacon would relate to the following primary beacon, since it is technically associated with the prior beacon, but this does seem possibly to be the case given the embodiments teaching the follow on beacon has a periodicity less than the primary beacon and therefore the follow on beacon would relate to multiple primary beacons, but it was deemed to be too speculative to make this leap given the poor disclosure of 191].)
Therefore, since Gidvani discloses the station powers on during the beacon elements, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the power savings of Gidvani with the system of Hazarika by having the station remain powered on for the duration of the transmission of the beacon(s) including the supplemental beacon(s) such that the AP/base station may determine that the station is powered on during this time and may transmit the beacons to the station. The motive to combine is to allow for power savings by allowing the station to sleep outside of the beacon transmission times.
Regarding claim 2, Hazarika discloses the first beacon is a Multiple Basic Service Set Identifier (BSSID) beacon. (paragraph 0041 – multiple BSSID set beacon is transmitted; note also fig. 9 beacon 905/first beacon relates to BSSID 5 and 6 and is therefore a multiple BSSID set beacon)
Regarding claim 3, Hazarika discloses the one or more network devices comprise an access point (paragraph 0042 – access point 102)
Regarding claim 4, Hazarika discloses the one or more client devices comprise a computer, server, monitor, laptop, or phone (paragraph 0043 – mobile station includes computer, notebook computer, phone, etc.)
Regarding claim 5, Hazarika discloses the first supplemental beacon is transmitted Short Interframe Space (SIFS) before the first beacon. (As discussed in the independent claim, supra, the first beacon may be considered to be the legacy beacon of the BSSID to which the UE is currently attached, therefore the first beacon may be beacon 906 of fig.9, which is supplemented by beacons 902 and 904, which contain the remainder of the BSSIDs transmitted. The first supplemental beacon can be beacon 904, which contains first data set [BSSIDS 3 and 4] which supports the first beacon data by providing additional non-common data related to other BSSIDs in use but not presently attached to by the station and is separated by SIFS from the first beacon by the SIFS [[paragraphs 0080-0088, fig. 9]
Regarding claim 6, Hazarika discloses the first beacon comprises one or more Virtual Access Points (VAPs) to be advertised (fig. 2, element 902, the first beacon includes BSSID 5 and 6; paragraph 0065 - BSSIDs indicate VAPs.)
Regarding claim 9, Hazarika discloses transmitting, by the first beacon, the second data set of the first beacon data (The beacons including the first beacon/fig. 9, element 902 are transmitted with the beacon data/SSID information, for example BSSID 5 and 6 [fig. 9, element 902; paragraph 0085].)
Regarding claim 11, Hazarika discloses s method for supplemental beacons comprising:
detecting a first beacon set of a plurality of beacon sets, wherein the first beacon set comprises one or more beacons each of the one or more beacons transmits data between one or more network devices and one or more client devices and the first beacon set is transmitting a first beacon set data (The system of Hazrika discloses a series of beacons/one or more beacons, each containing a portion of the available BSSID elements and a common portion that may be applied to/inherited by all of the other beacons [0068-0069 – discussing common portion; fig. 9 and paragraphs 0080-0085 – disclosing the burst of multiple beacons, further discussed infra]. Each of the series of beacons may be considered to be a first beacon depending on the perspective of the UE. For example, if a UE is associated with BSSID 5, then the first beacon will be beacon 906 of fig. 9, which has the elements related to the UE’s current attached access point and also has common information that applies to all the remaining supplemental beacons that outline the configuration of the remaining access points [i.e. beacons 904 and 902][paragraphs 0080-0088][as an illustration of this point see paragraph 0085, a legacy UE/non-EMA station will treat BSSID 3 as, fig 9, element 904, as the first/legacy beacon, note that the present mapping is to an EMA UE not a legacy UE, but this demonstrates that any of the beacons may be considered to be the “first beacon” [i.e. legacy type beacon] that is supplemented by the remaining beacons, depending on the UE’s perceptive as to which beacon is associated with the attached access point]. The one or more beacons may be a part of a first beacon set of one or more beacon sets [paragraph 0091 – multiple beacon sets may be combined with the embodiment of fig. 9 and each set of beacons may be sent in a single burst set such as shown in fig. 9].)
generating a first supplemental beacon for the first beacon set, wherein the first supplemental beacon supports the first beacon set by transmitting a first data set of the first beacon set data (As discussed in (a), supra, the first beacon of the first beacon set may be considered to be the legacy beacon of the BSSID to which the UE is currently attached, therefore the first beacon may be beacon 906 of fig.9, which is supplemented by beacons 902 and 904, which contain the remainder of the BSSIDs transmitted. The first supplemental beacon can be beacon 904, which contains first data set [BSSIDS 3 and 4] which supports the first beacon data by providing additional non-common data related to other BSSIDs in use but not presently attached to by the station [paragraphs 0080-0088, fig. 9], for embodiments in which the first supplemental beacon is required to be next to the first beacon (see dependent claim 5, for example). In cases of multiple supplemental beacons the first supplemental beacon will be beacon 902 and the second beacon 904 (see, for example, dependent claim 8).
detecting a first client device of the one or more client devices is available to receive the first beacon data and in response to detecting the first client device is awake, transmitting, by the first supplemental beacon, the first data set of the first beacon data to the first client device before the first beacon transmits a second data set of the first beacon set data. (Each multiple BSSID set of the first beacon set indicates a FSRP value that indicates to the client device how many supplemental beacons it must receive as an EMA compatible client to receive the entire beacon [paragraph 0071 – BSSID set indication of all beacon data elements; 0005 – EMA compatible clients receive all elements]. As discussed supra, the first beacon/second data set may be an arbitrary beacon, such as 906 of fig. 9, which is preceded by a first supplemental beacon with first beacon data [fig. 9, element 904].)
Hazarika fails to explicitly disclose considering if the client is awake, such that the transmitting of the supplemental beacon is in response to detecting the first client is awake. (although this is strongly suggested, as the first client receives the data and is therefore awake, the implication of a possibly sleeping first client that is determined to be awake is not addressed). In the same field of endeavor, Gidvani discloses considering if the client is awake, such that the transmitting of the supplemental beacon is in response to detecting the first client is awake. (Gidvani discloses that the client remains awake to receive all beacon elements, including follow on beacons [paragraph 0035 and 191, page 4]. [Note also the Gidvani strongly suggests a supplemental beacon as claimed [a supplemental beacon that proceeds a primary beacon by SIFS] [fig. 3, elements 110, and 105, note also paragraph 0041 explicitly discloses receiving follow on beacon and the primary beacon are received together and separated by the SIFS] but is lacking in good support in 191 for these elements [see 191 page 7 – the follow on beacon proceeding the primary beacon by SIFS is noted, but it is not clear if the UE is receiving both at the same time or if the follow on beacon separated by the SIFS from the primary beacon would relate to the following primary beacon, since it is technically associated with the prior beacon, but this does seem possibly to be the case given the embodiments teaching the follow on beacon has a periodicity less than the primary beacon and therefore the follow on beacon would relate to multiple primary beacons, but it was deemed to be too speculative to make this leap given the poor disclosure of 191].)
Therefore, since Gidvani discloses the station powers on during the beacon elements, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the power savings of Gidvani with the system of Hazarika by having the station remain powered on for the duration of the transmission of the beacon(s) including the supplemental beacon(s) such that the AP/base station may determine that the station is powered on during this time and may transmit the beacons to the station. The motive to combine is to allow for power savings by allowing the station to sleep outside of the beacon transmission times.
Regarding claim 12, Hazarika discloses each of the one or more beacons of the first beacon set comprises one or more Virtual Access Points (VAPs) to be advertised. (paragraph 0041 – multiple BSSID set beacon is transmitted; note also fig. 9 beacon 905/first beacon relates to BSSID 5 and 6 and is therefore a multiple BSSID set beacon The one or more beacons may be a part of a first beacon set of one or more beacon sets [paragraph 0091 – multiple beacon sets may be combined with the embodiment of fig. 9 and each set of beacons may be sent in a single burst set such as shown in fig. 9].)
Regarding claim 13, Hazarika discloses each of the one or more beacons is a Multiple Basic Service Set Identifier (BSSID) beacon. (paragraph 0041 – multiple BSSID set beacon is transmitted; note also fig. 9 beacon 905/first beacon relates to BSSID 5 and 6 and is therefore a multiple BSSID set beacon. The one or more beacons may be a part of a first beacon set of one or more beacon sets [paragraph 0091 – multiple beacon sets may be combined with the embodiment of fig. 9 and each set of beacons may be sent in a single burst set such as shown in fig. 9].)
Regarding claim 14, Hazarika discloses the first supplemental beacon is transmitted Short Interframe Space (SIFS) before the first beacon. (As discussed in the independent claim, supra, the first beacon may be considered to be the legacy beacon of the BSSID to which the UE is currently attached, therefore the first beacon may be beacon 906 of fig.9, which is supplemented by beacons 902 and 904, which contain the remainder of the BSSIDs transmitted. The first supplemental beacon can be beacon 904, which contains first data set [BSSIDS 3 and 4] which supports the first beacon data by providing additional non-common data related to other BSSIDs in use but not presently attached to by the station and is separated by SIFS from the first beacon by the SIFS [[paragraphs 0080-0088, fig. 9]. The one or more beacons may be a part of a first beacon set of one or more beacon sets [paragraph 0091 – multiple beacon sets may be combined with the embodiment of fig. 9 and each set of beacons may be sent in a single burst set such as shown in fig. 9].)
Regarding claim 17, Hazarika discloses transmitting, by the first beacon, the second data set of the first beacon data (The beacons including the first beacon/fig. 9, element 902 are transmitted with the beacon data/SSID information, for example BSSID 5 and 6 [fig. 9, element 902; paragraph 0085]. The one or more beacons may be a part of a first beacon set of one or more beacon sets [paragraph 0091 – multiple beacon sets may be combined with the embodiment of fig. 9 and each set of beacons may be sent in a single burst set such as shown in fig. 9].)
Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hazarika, et al. (US Pre Grant Publication No. 2022/0400374) and Gidvani, et al. (US Pre Grant Publication No. US 2023/0044914 A1; note also provisional 63/241,191 [“191”]) as applied to claims 1 and 11 and further in view of Yong, et al. (KIPO publication No 191944475; note attached translation, with all citations to translation).
Regarding claims 10 and 18, Hazarika as modified by Gidvani fails to disclose in response to not detecting the first client device is awake, disengaging the first beacon and the first supplemental beacon, wherein disengaging the first beacon and the first supplemental beacon places the first beacon and the first supplemental beacon in sleep mode. In the same field of endeavor, Yong discloses in response to not detecting the first client device is awake, disengaging the first beacon and the first supplemental beacon, wherein disengaging the first beacon and the first supplemental beacon places the first beacon and the first supplemental beacon in sleep mode. (The system of Yong dislcoses that the AP determines the sleep/wake cycle of the attached client device and alters the sleep/wake cycle of the beacon transmission to match the cycle of the attached client device to allow for beacon synchronization, this causes the sleep mode of the beacon [i.e. when the beacon is not transmitted and the UE is presumed to be in sleep mode] to shift to match the the UEs sleep cycle which will resoult in disengaging the beacon where previously active until it matches the UEs sleep cycle [pages 8-9, in particular the last paragraph of page 8, and the first three paragraphs of page 9].)
Therefore, since Yong discloses sleep mode, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the sleep mode of Young with the system of Hazarika as modified by Gidvani by adjusting the disengagement of the first and supplemental beacons as a part of matching the sleep mode of the station. The motive to combine is to improve the power saving of the mobile station by allowing it to control and synchronize the sleep time with multiple base stations.
Claim(s) 7, 8, 15, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hazarika, et al. (US Pre Grant Publication No. 2022/0400374) and Gidvani, et al. (US Pre Grant Publication No. US 2023/0044914 A1; note also provisional 63/241,191 [“191”]) as applied to claims 1, 11 and 19 and further in view of Hwang, et al. (US Pre Grant Publication No. 2019/0297632 A1)
Regarding claims 7 and 15, the prior art of Hazarika as modified by Gidvani fails to disclose the first supplemental beacon is generated according to a number of VAPs in the first beacon. In the same field of endeavor, Hwang discloses the first supplemental beacon is generated according to a number of VAPs in the first beacon. (The system of Hwang discloses that additional beacons are generated when the size of the number of contained BSSIDs/VAPs exceed the 1500 byte size threshold for a beacon [pargaprh 0051 – size limitation based on number of contained BSSIDs/VAPs results in subdivision of beacon frame into multiple additional beacon frames; 0016-0018 – size limit is in bytes)
Therefore, since Hazarika discloses the correspondence between BSSIDs/VAPs [paragraph 0065, see also discussion in claim 6, supra] and Hwang disclose subdivision of beacons based on size of contained BSSIDs/VAPs, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to subdivide the beacon into a first beacon and first supplemental beacon and further into a second supplemental beacon based on the size threshold of the number of contained BSSIDs/VAPs exceeding the size that can be contained in one or two beacons, respectively. The motive to combine is to allow subdivision of the beacon to stay within the size limitations of beacons allowed to be received by the stations to allow for successful reception even when the size of the beacon exceeds the allowed size of a single beacon.
Regarding claims 8, 16 and 20, Hazarika as modified by Gidvani discloses in response to detecting the first client device is awake, transmitting, by the second supplemental beacon after the first supplemental beacon and before the first beacon, the third data set of the first beacon data to the first client device. (see discussion in independent claim, supra, Hazarika discloses a second supplemental beacon, fig. 9, element 904; combination with Gidvani discloses detecting the client is awake when transmitting any beacon including the second supplemental beacon).
Hazarika as modified by Gidvan fails to disclose determining a number of VAPs advertised in the first beacon is greater than a threshold in response to determining the number of VAPs is greater than a threshold, generate a second supplemental beacon for the first beacon, wherein the second supplemental beacon supports the first beacon by transmitting a third data set of the first beacon data. (Note also the 112(b), supra where the “threshold” is interpreted as a size threshold). In the same field of endeavor Hwang discloses determining a number of VAPs advertised in the first beacon is greater than a threshold in response to determining the number of VAPs is greater than a threshold, generate a second supplemental beacon for the first beacon, wherein the second supplemental beacon supports the first beacon by transmitting a third data set of the first beacon data. (The system of Hwang discloses that additional beacons are generated when the size of the number of contained BSSIDs/VAPs exceed the 1500 byte size threshold for a beacon [pargaprh 0051 – size limitation based on number of contained BSSIDs/VAPs results in subdivision of beacon frame into multiple additional beacon frames; 0016-0018 – size limit is in bytes)
Therefore, since Hazarika discloses the correspondence between BSSIDs/VAPs [paragraph 0065, see also discussion in claim 6, supra] and Hwang disclose subdivision of beacons based on size of contained BSSIDs/VAPs, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to subdivide the beacon into a first beacon and first supplemental beacon and further into a second supplemental beacon based on the size threshold of the number of contained BSSIDs/VAPs exceeding the size that can be contained in one or two beacons, respectively. The motive to combine is to allow subdivision of the beacon to stay within the size limitations of beacons allowed to be received by the stations to allow for successful reception even when the size of the beacon exceeds the allowed size of a single beacon.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vaisanen, et al. (US Pre Grant Publication No. 2004/0192284) – disclosing adapting beacon interval based on BSS needs for power savings
Zhang, et al. (US Patent No. 12,513,619) – disclosing adapting beacon intervals
Zhao, et al. (CIPO application 111050289) – disclosing beacon division separated by SIFS
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M CRUTCHFIELD whose telephone number is (571)270-3989. The examiner can normally be reached 9am-5pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at (571) 272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
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