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 a response to an application filed on 10/09/2024 in which claims 43-62 are pending. Claims 1-42 were canceled.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/09/2024 and 10/11/2024 have been considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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 (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 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 43-47, 49, 51-56, 58 and 60-62 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2016/0037353) (provided in the IDS), hereinafter “Chen”.
As to claim 43, Chen teaches a method of controlling wireless transmissions in a wireless communication system, implemented by a wireless device (Chen, [0048], a device or station communicating via different bands), the method comprising:
associating with an access point of the wireless communication system (Chen, [0048], “A device may connect with an Access Point in an unlicensed band”); and
based on signaling in a license-exempt frequency band (Chen, [0048], the dependent station enablement (DSE) in the 2.4 GHz band), controlling multiple wireless links between the wireless device and the access point (Chen, [0048], the DSE protocol is extended to support multi-band enablement, thereby allowing an enabling station to give or deny permission to a dependent station across a number of bands and available channels at once), the multiple wireless links comprising at least one wireless link in the license-exempt frequency band and an additional wireless link in a licensed frequency band (Chen, [0048], the 802.11 WLAN devices operate in 2.4 GHz, 5 GHz, US 3650 MHz bands, and also TVWS. The 2.4 GHz, 5 GHz are unlicensed bands, and the US 3650 MHz is a licensed band).
As to claim 44, Chen teaches wherein the signaling in the license-exempt frequency band comprises signaling for associating the wireless device to the access point (Chen, [0048], “A device may connect with an Access Point in an unlicensed band…The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. The DSE in the 2.4 GHz is used to permit a connection with the Access Point. Figs. 9-10, [0051], the DSE response includes enablement and information (i.e. the result of the requested enablement, assigned regulatory class, assigned channel number, etc.). The DSE is used by the device (requesting STA) to access and operate in a licensed band).
As to claim 45, Chen teaches wherein the signaling in the license-exempt frequency band comprises signaling for reconfiguration of at least one of the wireless links between the wireless device and the access point (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band. Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. The DSE comprises information for switching to a licensed band, permit and rescind permission to use a licensed band by the enabling station (AP)).
As to claim 46, Chen teaches wherein the signaling in the license-exempt frequency band comprises an enablement message from the access point, indicating that usage of the licensed frequency band by the wireless device is allowed (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band…The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. Fig. 10, [0051], “a Multi-band DSE response frame comprising the requesting STA's MAC address, the enabling STA's MAC address, the result of the requested enablement, an enablement identifier and the regulatory class and channel number that the enabled STA will use”. The multi-band DSE response includes a permission to use the licensed band by a request enablement).
As to claim 47, Chen teaches wherein the signaling in the license-exempt frequency band comprises a de-enablement message from the access point, indicating that usage of the licensed frequency band by the wireless device is not allowed (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band…The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. Fig. 10, [0051], “a Multi-band DSE response frame comprising the requesting STA's MAC address, the enabling STA's MAC address, the result of the requested enablement, an enablement identifier and the regulatory class and channel number that the enabled STA will use”. [0056], “periodically grant and rescind permission to dependent devices on the network”. The multi-band DSE response includes a permission rescind for the licensed band).
As to claim 49, Chen teaches wherein said signaling in the license-exempt frequency band comprises information provided by the access point to enable access of the wireless device to the licensed frequency band (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band. Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”, Fig. 10, [0051], “a Multi-band DSE response frame comprising the requesting STA's MAC address, the enabling STA's MAC address, the result of the requested enablement, an enablement identifier and the regulatory class and channel number that the enabled STA will use”, [0058], Fig. 14B, “If the enabling device determines, based on information, for example, on its utilization levels and resources available, it can send an enablement response to the devices seeking to become enabled, in step 1480”. The enabling device (Access Point) transmits the DSE response including a permission to use the licensed band to the device that transmitted a request enablement).
As to claim 51, Chen teaches wherein said controlling of the multiple wireless links comprises establishing or releasing the additional wireless link (Chen, [0048], the DSE protocol is extended to support multi-band enablement, thereby allowing an enabling station to give or deny permission to a dependent station across a number of bands and available channels at once. The channels include a licensed band).
As to claim 52, Chen teaches a method of controlling wireless transmissions in a wireless communication system, implemented by an access point of the wireless communication system (Chen, [0048], an access point communicating via different bands), the method comprising:
associating with a wireless device (Chen, [0048], “A device may connect with an Access Point in an unlicensed band”); and
based on signaling in an license-exempt frequency band (Chen, [0048], the dependent station enablement (DSE) in the 2.4 GHz band), controlling multiple wireless links between the wireless device and the access point (Chen, [0048], the DSE protocol is extended to support multi-band enablement, thereby allowing an enabling station to give or deny permission to a dependent station across a number of bands and available channels at once), the multiple wireless links comprising at least one wireless link in the license-exempt frequency band and an additional wireless link in a licensed frequency band (Chen, [0048], the 802.11 WLAN devices operate in 2.4 GHz, 5 GHz, US 3650 MHz bands, and also TVWS. The 2.4 GHz, 5 GHz are unlicensed bands, and the US 3650 MHz is a licensed band).
As to claim 53, Chen teaches wherein the signaling in the license-exempt frequency band comprises signaling for associating the wireless device to the access point (Chen, [0048], “A device may connect with an Access Point in an unlicensed band…The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. The DSE in the 2.4 GHz is used to permit a connection with the Access Point. Figs. 9-10, [0051], the DSE response includes enablement and information (i.e. the result of the requested enablement, assigned regulatory class, assigned channel number, etc.). The DSE is used by the device (requesting STA) to access and operate in a licensed band).
As to claim 54, Chen teaches wherein the signaling in the license-exempt frequency band comprises signaling for reconfiguration of at least one of the wireless links between the wireless device and the access point (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band. Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. The DSE comprises information for switching to a licensed band, permit and rescind permission to use a licensed band by the enabling station (AP)).
As to claim 55, Chen teaches wherein the signaling in the license-exempt frequency band comprises an enablement message from the access point, indicating that usage of the licensed frequency band by the wireless device is allowed (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band…The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. Fig. 10, [0051], “a Multi-band DSE response frame comprising the requesting STA's MAC address, the enabling STA's MAC address, the result of the requested enablement, an enablement identifier and the regulatory class and channel number that the enabled STA will use”. The multi-band DSE response includes a permission to use the licensed band by a request enablement).
As to claim 56, Chen teaches wherein the signaling in the license-exempt frequency band comprises a de-enablement message from the access point, indicating that usage of the licensed frequency band by the wireless device is not allowed (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band…The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. Fig. 10, [0051], “a Multi-band DSE response frame comprising the requesting STA's MAC address, the enabling STA's MAC address, the result of the requested enablement, an enablement identifier and the regulatory class and channel number that the enabled STA will use”. [0056], “periodically grant and rescind permission to dependent devices on the network”. The multi-band DSE response includes a permission rescind for the licensed band).
As to claim 58, Chen teaches wherein said signaling in the license-exempt frequency band comprises information provided by the access point to enable access of the wireless device to the licensed frequency band (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band. Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”, Fig. 10, [0051], “a Multi-band DSE response frame comprising the requesting STA's MAC address, the enabling STA's MAC address, the result of the requested enablement, an enablement identifier and the regulatory class and channel number that the enabled STA will use”, [0058], Fig. 14B, “If the enabling device determines, based on information, for example, on its utilization levels and resources available, it can send an enablement response to the devices seeking to become enabled, in step 1480”. The enabling device (Access Point) transmits the DSE response including a permission to use the licensed band to the device that transmitted a request enablement).
As to claim 60, Chen teaches wherein said controlling of the multiple wireless links comprises establishing or releasing the additional wireless link (Chen, [0048], the DSE protocol is extended to support multi-band enablement, thereby allowing an enabling station to give or deny permission to a dependent station across a number of bands and available channels at once. The channels include a licensed band).
As to claim 61, Chen teaches a wireless device for a wireless communication system, the wireless device comprising (Chen, [0048], a device or station communicating via different bands):
at least one processor (Chen, [0070], the methods are performed by a processor); and
a memory containing program code executable by the at least one processor, whereby execution of the program code by the at least one processor causes the wireless device to (Chen, [0070], the methods are performed by instruction stored in a memory being performed by the processor):
associate with an access point of the wireless communication system (Chen, [0048], “A device may connect with an Access Point in an unlicensed band”); and
based on signaling in an license-exempt frequency band (Chen, [0048], the dependent station enablement (DSE) in the 2.4 GHz band), control multiple wireless links between the wireless device and the access point (Chen, [0048], the DSE protocol is extended to support multi-band enablement, thereby allowing an enabling station to give or deny permission to a dependent station across a number of bands and available channels at once), the multiple wireless links comprising at least one wireless link in the license-exempt frequency band and an additional wireless link in a licensed frequency band (Chen, [0048], the 802.11 WLAN devices operate in 2.4 GHz, 5 GHz, US 3650 MHz bands, and also TVWS. The 2.4 GHz, 5 GHz are unlicensed bands, and the US 3650 MHz is a licensed band).
As to claim 62, Chen teaches an access point for a wireless communication system, the access point comprising (Chen, [0048], an access point communicating via different bands):
at least one processor (Chen, [0070], the methods are performed by a processor); and
a memory containing program code executable by the at least one processor, whereby execution of the program code by the at least one processor causes the access point to (Chen, [0070], the methods are performed by instruction stored in a memory being performed by the processor):
associate with a wireless device (Chen, [0048], “A device may connect with an Access Point in an unlicensed band”); and
based on signaling in an license-exempt frequency band (Chen, [0048], the dependent station enablement (DSE) in the 2.4 GHz band), control multiple wireless links between the wireless device and the access point (Chen, [0048], the DSE protocol is extended to support multi-band enablement, thereby allowing an enabling station to give or deny permission to a dependent station across a number of bands and available channels at once), the multiple wireless links comprising at least one wireless link in the license-exempt frequency band and an additional wireless link in a licensed frequency band (Chen, [0048], the 802.11 WLAN devices operate in 2.4 GHz, 5 GHz, US 3650 MHz bands, and also TVWS. The 2.4 GHz, 5 GHz are unlicensed bands, and the US 3650 MHz is a licensed band).
Claim Rejections - 35 USC § 103
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.
Claims 48 and 57 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2016/0037353) (provided in the IDS), hereinafter “Chen”.
As to claim 48, Chen teaches wherein:
usage of the licensed frequency band by the wireless device is allowed (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band. Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…This allows an enabling STA to give or deny permission to a dependent STA across a number of bands and available channels at once, using the DSE Registered Location element”. The device receives permission to use the licensed band) until expiry of a timer maintained by the wireless device (Chen, [0040], “TXOP refers to transmission opportunity. It is the time that a station has the right to transmit on the channel, limited by TXOPLimit”. The device uses a channel during a TXOP until the TXOPLimit. As disclosed by Chen, a channel can be licensed band where the device is permitted to access by an enabling station (Access Point). This would be obvious to a person having ordinary skill in the art in order to have a Distributed Coordination Function (DCF) known as Carrier Sense Multiple Access with Collision Avoidance (CSMA/CA) in order to compete for wireless medium (Chen, [0038]-[0039])), and
the signaling in the license-exempt frequency band causes re-starting of the timer (Chen, [0040], “An initiation of the TXOP occurs when a STA obtains access to the medium through DCF”, [0048], “Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. The TXOP is started when the device obtains access to the medium, where the device obtains access to the licensed band via the DSE in the 2.4 GHz band. This would be obvious to a person having ordinary skill in the art in order to have a Distributed Coordination Function (DCF) known as Carrier Sense Multiple Access with Collision Avoidance (CSMA/CA) in order to compete for wireless medium (Chen, [0038]-[0039])).
As to claim 57, Chen teaches wherein:
usage of the licensed frequency band by the wireless device is allowed until expiry of a timer maintained by the wireless device (Chen, [0048], “A device may connect with an Access Point in an unlicensed band and then attempt to switch to a licensed band. Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…This allows an enabling STA to give or deny permission to a dependent STA across a number of bands and available channels at once, using the DSE Registered Location element”. The device receives permission to use the licensed band) until expiry of a timer maintained by the wireless device (Chen, [0040], “TXOP refers to transmission opportunity. It is the time that a station has the right to transmit on the channel, limited by TXOPLimit”. The device uses a channel during a TXOP until the TXOPLimit. As disclosed by Chen, a channel can be licensed band where the device is permitted to access by an enabling station (Access Point). This would be obvious to a person having ordinary skill in the art in order to have a Distributed Coordination Function (DCF) known as Carrier Sense Multiple Access with Collision Avoidance (CSMA/CA) in order to compete for wireless medium (Chen, [0038]-[0039])), and
the signaling in the license-exempt frequency band causes re-starting of the timer (Chen, [0040], “An initiation of the TXOP occurs when a STA obtains access to the medium through DCF”, [0048], “Any 802.11 devices must receive permission and are subject to regulatory control to operate as dependent stations within TVWS or within a licensed band. The 802.11 devices use dependent station enablement (DSE) procedures to periodically receive permission and have permission rescinded from them by an enabling station…DSE may be performed in the 2.4 GHz band”. The TXOP is started when the device obtains access to the medium, where the device obtains access to the licensed band via the DSE in the 2.4 GHz band. This would be obvious to a person having ordinary skill in the art in order to have a Distributed Coordination Function (DCF) known as Carrier Sense Multiple Access with Collision Avoidance (CSMA/CA) in order to compete for wireless medium (Chen, [0038]-[0039])).
Claims 50 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2016/0037353) (provided in the IDS), hereinafter “Chen” in view of Hassan et al. (US 2017/0026874), hereinafter “Hassan”.
Chen teaches the claimed limitations as stated above. Chen does not explicitly teach the following features: regarding claim 50, wherein said signaling in the license-exempt frequency band comprises information provided by the wireless device to configure a mapping of one or more traffic types to the wireless links between the wireless device and the access point.
As to claim 50, Hassan teaches wherein said signaling in the license-exempt frequency band (Hassan, Fig. 1, [0025]-[0026], Fig. 2A, [0044], the database is transmitted to the mobile device from the access point, where the mobile device and access point operate over a range of frequencies including 2.4 GHz, 5 GHz, 300 MHz range and any other frequencies according to any other standards specification, including any non-802.11 packet/framing protocols) comprises information provided by the wireless device (Hassan, Figs. 3C-3D, [0043], “The channels used in the mapping in the database may be determined based on information on the transceiver capabilities of the mobile devices for which the database is being prepared. For example, at 320 of FIG. 3C, transceiver capability information on a group of one or more mobiles may be used to determine a set of channels that match the device transceiver capabilities of that group to create the database for that group”, [0044], “For example, if the database is created on server 104 or at one of the access points, the saved database may be sent to one or more of mobile devices 166a-116h and stored in the device for use by the device in assigning channels to its applications”. The database is transmitted to the mobile device, where the database includes channels that match the device transceiver capabilities provided by the mobile device) to configure a mapping of one or more traffic types to the wireless links between the wireless device and the access point (Hassan, Fig. 2A, Figs. 3A-3B, [0037], [0038], the database provides the information of mapping/assigning a channel or channels to the application, such as voice and video traffic, etc. [0040], the database is sent to the device 116 from the access point for storage).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen to have the features, as taught by Hassan, in order to avoid problems that may be caused by assignment of channels that may have degraded and increases network efficiency by allowing all potentially available channels to be used in offloading (Hassan, [0022]).
Chen teaches the claimed limitations as stated above. Chen does not explicitly teach the following features: regarding claim 59, wherein said signaling in the license-exempt frequency band comprises information provided by the wireless device to configure a mapping of one or more traffic types to the wireless links between the wireless device and the access point.
As to claim 59, Hassan teaches wherein said signaling in the license-exempt frequency band (Hassan, Fig. 1, [0025]-[0026], Fig. 2A, [0044], the database is transmitted to the mobile device from the access point, where the mobile device and access point operate over a range of frequencies including 2.4 GHz, 5 GHz, 300 MHz range and any other frequencies according to any other standards specification, including any non-802.11 packet/framing protocols) comprises information provided by the wireless device (Hassan, Figs. 3C-3D, [0043], “The channels used in the mapping in the database may be determined based on information on the transceiver capabilities of the mobile devices for which the database is being prepared. For example, at 320 of FIG. 3C, transceiver capability information on a group of one or more mobiles may be used to determine a set of channels that match the device transceiver capabilities of that group to create the database for that group”, [0044], “For example, if the database is created on server 104 or at one of the access points, the saved database may be sent to one or more of mobile devices 166a-116h and stored in the device for use by the device in assigning channels to its applications”. The database is transmitted to the mobile device, where the database includes channels that match the device transceiver capabilities provided by the mobile device) to configure a mapping of one or more traffic types to the wireless links between the wireless device and the access point (Hassan, Fig. 2A, Figs. 3A-3B, [0037], [0038], the database provides the information of mapping/assigning a channel or channels to the application, such as voice and video traffic, etc. [0040], the database is sent to the device 116 from the access point for storage).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen to have the features, as taught by Hassan, in order to avoid problems that may be caused by assignment of channels that may have degraded and increases network efficiency by allowing all potentially available channels to be used in offloading (Hassan, [0022]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kim et al. U.S. Patent Application Publication No. 2013/0281109 – Method and apparatus for transmitting and receiving channel information in wireless communication system.
Hakola et al. U.S. Patent Application Publication No. 2012/0250631 – Multiplexing logical channels in mixed licensed and unlicensed spectrum carrier aggregation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICARDO H CASTANEYRA whose telephone number is (571)272-2486. The examiner can normally be reached M-F 9:00am - 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang bin Yao can be reached at 571-272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICARDO H CASTANEYRA/Primary Examiner, Art Unit 2473