DETAILED ACTION
In response to communication filed on 4/23/2025.
Claims 1-28 are pending.
Claims 1-28 are rejected.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/27/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered 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.
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Claims 1-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12,133,165. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application
U.S. Patent No. 12,133,165
1. A method comprising:
1. A method comprising:
receiving, by a computing device, backhaul signal data for communications via a backhaul wireless link between a range-extending computing device and an access point;
receiving, from a range-extending computing device configured to wirelessly communicate between an access point and a client device, backhaul signal quality data for communications via a backhaul wireless link between the range-extending computing device and the access point;
determining, based on the backhaul signal data, a distance to move the range-extending computing device;
predicting, based on the backhaul signal quality data, a backhaul signal quality improvement metric associated with a movement of the range-extending computing device;
determining that moving the range-extending computing device the distance will reduce fronthaul signal quality for communications via a fronthaul wireless link between the range- extending computing device and a client device; and
determining, based on the backhaul signal quality improvement metric, a distance to move the range-extending computing device; based on a determination that moving the range-extending computing device the distance will cause a fronthaul signal quality, for communications via a fronthaul wireless link between the range-extending computing device and the client device, to be below a threshold, adjusting the distance; and
adjusting the distance to decrease reduction of the fronthaul signal quality.
sending a recommendation, based on the adjusted distance and based on the backhaul signal quality improvement metric, that indicates a recommended movement of the range-extending computing device.
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 claim limitations of claim 1 of U.S. Patent No. 12,133,165 to omit limitations specific to computing improvement metrics to arrive at the claimed invention of adjusting a distance of a range-extending device in response to a fronthaul signal quality reduction. One would be motivated to do so to provide an obvious variation that would be predictable results.
Regarding claims 2-7 of the current application, claims 1-8 of U.S. Patent No. 12,133,165 substantially limits the same inventive concept, and although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device.
Regarding claims 15-21 of the current application, claims 17-24 of U.S. Patent No. 12,133,165 substantially limits the same inventive concept as noted with regards to the rejection of claims 1-7 of the current application noted above. Although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device.
Current Application
U.S. Patent No. 12,133,165
8. A method comprising:
9. A method comprising:
receiving, by a computing device, fronthaul signal data for communications via a fronthaul wireless link between a range-extending computing device and a client device;
receiving, from a range-extending computing device configured to wirelessly communicate between an access point and a client device, fronthaul signal quality data for communications via a fronthaul wireless link between the range-extending computing device and the client device; predicting, based on the fronthaul signal quality data, a fronthaul signal quality improvement metric associated with a movement of the range-extending computing device;
determining, based on the fronthaul signal data, a distance to move the range-extending computing device;
determining, based on the fronthaul signal quality improvement metric, a distance to move the range-extending computing device;
determining that moving the range-extending computing device the distance will reduce backhaul signal quality for communications via a backhaul wireless link between the range- extending computing device and an access point; and
based on a determination that moving the range-extending computing device the distance will cause a backhaul signal quality, for communications via a backhaul wireless link between the range-extending computing device and the access point, to be below a threshold, adjusting the distance; and
adjusting the distance to decrease reduction of the backhaul signal quality.
sending a recommendation, based on the adjusted distance and based on the fronthaul signal quality improvement metric, that indicates a recommended movement of the range-extending computing device.
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 claim limitations of claim 9 of U.S. Patent No. 12,133,165 to omit limitations specific to computing improvement metrics to arrive at the claimed invention of adjusting a distance of a range-extending device in response to a backhaul signal quality reduction. One would be motivated to do so to provide an obvious variation that would be predictable results.
Regarding claims 9-14 of the current application, claims 9-16 of U.S. Patent No. 12,133,165 substantially limits the same inventive concept, and although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device.
Regarding claims 22-28 of the current application, claims 25-32 of U.S. Patent No. 12,133,165 substantially limits the same inventive concept as noted with regards to the rejection of claims 8-14 of the current application noted above. Although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device.
Claims 1-28 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11,375,449. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application
U.S. Patent No. 11,375,449
1. A method comprising:
1. A method comprising:
receiving, by a computing device, backhaul signal data for communications via a backhaul wireless link between a range-extending computing device and an access point;
receiving, from a range-extending computing device configured to wirelessly communicate data between an access point and a client device, data comprising: backhaul signal quality data for communications, via a backhaul wireless link, between the range-extending computing device and the access point, and fronthaul signal quality data for communications, via a fronthaul wireless link, between the range-extending computing device and the client device;
determining, based on the backhaul signal data, a distance to move the range-extending computing device;
predicting, based on the backhaul signal quality data, a backhaul signal quality improvement metric associated with a first movement of the range-extending computing device; predicting, based on the fronthaul signal quality data, a fronthaul signal quality improvement metric associated with a second movement of the range-extending computing device; determining, based on the fronthaul signal quality improvement metric, a distance to move the range-extending computing device;
determining that moving the range-extending computing device the distance will reduce fronthaul signal quality for communications via a fronthaul wireless link between the range- extending computing device and a client device; and
adjusting, based on a determination that moving the range-extending computing device the distance will cause a backhaul signal quality of the range-extending computing device to be lower than a fronthaul signal quality of the range-extending computing device, the distance; and
adjusting the distance to decrease reduction of the fronthaul signal quality.
sending a recommendation, based on: the distance, the backhaul signal quality improvement metric, and the fronthaul signal quality improvement metric, that indicates a recommended movement of the range-extending computing device.
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 claim limitations of claim 1 of U.S. Patent No. 11,375,449 to alternatively limit the use of fronthaul qualities to be below a value to arrive at the claimed invention regarding adjusting a distance for a range-extending device to meet quality improvement metrics. One would be motivated to do so to provide an obvious variation.
Regarding claims 2-7 of the current application, claims 1-8 of U.S. Patent No. 11,375,449 substantially limits the same inventive concept, and although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device.
Regarding claims 15-21 of the current application, claims 1-8 of U.S. Patent No. 11,375,449 substantially limits the same inventive concept as noted with regards to the rejection of claims 1-7 of the current application noted above. Although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device and one would easily arrive at a non-transitory medium that comprises of instructions to be executed to arrive at the same claimed invention.
Current Application
U.S. Patent No. 11,375,449
8. A method comprising:
1. A method comprising:
receiving, by a computing device, fronthaul signal data for communications via a fronthaul wireless link between a range-extending computing device and a client device;
receiving, from a range-extending computing device configured to wirelessly communicate data between an access point and a client device, data comprising: backhaul signal quality data for communications, via a backhaul wireless link, between the range-extending computing device and the access point, and fronthaul signal quality data for communications, via a fronthaul wireless link, between the range-extending computing device and the client device;
determining, based on the fronthaul signal data, a distance to move the range-extending computing device;
predicting, based on the backhaul signal quality data, a backhaul signal quality improvement metric associated with a first movement of the range-extending computing device; predicting, based on the fronthaul signal quality data, a fronthaul signal quality improvement metric associated with a second movement of the range-extending computing device; determining, based on the fronthaul signal quality improvement metric, a distance to move the range-extending computing device;
determining that moving the range-extending computing device the distance will reduce backhaul signal quality for communications via a backhaul wireless link between the range- extending computing device and an access point; and
adjusting, based on a determination that moving the range-extending computing device the distance will cause a backhaul signal quality of the range-extending computing device to be lower than a fronthaul signal quality of the range-extending computing device, the distance; and
adjusting the distance to decrease reduction of the backhaul signal quality.
sending a recommendation, based on: the distance, the backhaul signal quality improvement metric, and the fronthaul signal quality improvement metric, that indicates a recommended movement of the range-extending computing device.
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 claim limitations of claim 1 of U.S. Patent No. 11,375,449 to omit limitations to arrive at the claimed invention of adjusting a distance of a range-extending device in response to a backhaul signal quality reduction. One would be motivated to do so to provide broader limitations as an obvious variation that would be predictable results.
Regarding claims 9-14 of the current application, claims 2-8 of U.S. Patent No. 11,375,449 substantially limits the same inventive concept, and although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device.
Regarding claims 22-28 of the current application, claims 1-8 of U.S. Patent No. 11,375,449 substantially limits the same inventive concept as noted with regards to the rejection of claims 8-14 of the current application noted above. Although the claims are not identical, they are not patentably distinct because they are of an obvious variation with regards to signal quality improvement metrics used to adjust and recommend a distance for a range extending device and one would easily arrive at a non-transitory medium that comprises of instructions to be executed to arrive at the same claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Henriques De Jesus et al. (US Pub. 2022/0377594) discloses a deployment of a mesh network comprising of stations and extenders, in which backhaul connection to a root access point and fronthaul connections between stations and access points and extenders are considered for a link optimization scenario [paragraph 0017].
Atawia et al. (WO 2019/106065) discloses recommending optimal deployment of extenders to a user [paragraph 08], a new WLAN configuration with a higher capacity can be obtained by optimizing the location of extender whose backhaul and/or fronthaul capacity values are below a target capacity [paragraph 09].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can normally be reached M-F 6:30am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached on 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Ryan Kavleski
/R. K./
Examiner, Art Unit 2412
/CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
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