DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 103
2. 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.
3. 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.
4. 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.
5. 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.
6. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al., U.S. Patent Application Publication 2021/0306955 (hereinafter Han), in view of Seok, U.S. Patent Application Publication 2016/0105888 (hereinafter Seok).
Regarding claim 1, Han discloses an apparatus for wireless communication (disclosed is a second device, which may be an AP, according to [0090]), comprising:
at least one memory comprising computer-executable instructions (the AP comprises a memory that stores computer-executable instructions, according to [0091]-[0092]); and
one or more processors, individually or collectively, configured to execute the computer-executable instructions (the AP comprises a CPU that executes the computer-executable instructions, according to [0091]) and cause the apparatus to: obtain, via a first primary channel, a frame indicating a first configuration of a first basic service set (BSS) (the second devices receives, on a primary channel of a first device [“a first primary channel”], TWT resource configuration information [“a first configuration”] that is in a first BSS and that is carried in a beacon frame, according to [0023]-[0024]); and
communicate, with at least one wireless node in a second BSS, in accordance with a second configuration, said second configuration being based on the first configuration and one or more rules (based on the TWT resource configuration information [“based on the first configuration”] in the first BSS, the second device determines a data transmission resource [“a second configuration”] in a second BSS, whereby a ratio of a quantity of data transmission resources in the second BSS to a total quantity of resources is less than a second threshold, and the total quantity of resources is a sum of a quantity of data transmission resources in the first BSS and the quantity of data transmission resources in the second BSS [“based on … one or more rules”], according to [0025]-[0026], whereby a data transmission resource is used to communicate with a STA [“wireless node”], according to [0095], Fig. 2).
Han does not expressly disclose that the second configuration configures a first operating bandwidth for the first primary channel and at least a second operating bandwidth for at least one second primary channel.
Seok discloses that the second configuration configures a first operating bandwidth for the first primary channel and at least a second operating bandwidth for at least one second primary channel (an AP configures a first primary channel to have a bandwidth of 1 MHz for an LR (low rate) STA and a second primary channel to have a bandwidth of 2 MHz for an HR (high rate) STA, according to [0190]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Han with Seok such that the second configuration configures a first operating bandwidth for the first primary channel and at least a second operating bandwidth for at least one second primary channel.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate channel access fairness between an LR STA and an HR STA (Seok: [0232]-[0238]).
Claim 10 recites the method (the second device in Han operates according to a method, according to Abstract) according to which the apparatus recited in claim 1 operated, and is therefore rejected on the same grounds as claim 1.
Regarding claim 19, Han discloses an access point (AP) (disclosed is a second device, which may be an AP, according to [0090]), comprising:
at least one transceiver (an AP necessarily comprises at least one transceiver);
at least one memory comprising executable instructions (the AP comprises a memory that stores computer-executable instructions, according to [0091]-[0092]); and
one or more processors, individually or collectively, configured to execute the executable instructions (the AP comprises a CPU that executes the computer-executable instructions, according to [0091]) and cause the AP to:
receive, via the at least transceiver on a first primary channel, a frame indicating a first configuration of a first basic service set (BSS) (the second devices receives, on a primary channel of a first device [“a first primary channel”], TWT resource configuration information [“a first configuration”] that is in a first BSS and that is carried in a beacon frame, according to [0023]-[0024]); and
communicate, with at least a second wireless node in a second BSS, in accordance with a second configuration, said second configuration being based on the first configuration and one or more rules (based on the TWT resource configuration information [“based on the first configuration”] in the first BSS, the second device determines a data transmission resource [“a second configuration”] in a second BSS, whereby a ratio of a quantity of data transmission resources in the second BSS to a total quantity of resources is less than a second threshold, and the total quantity of resources is a sum of a quantity of data transmission resources in the first BSS and the quantity of data transmission resources in the second BSS [“based on … one or more rules”], according to [0025]-[0026], whereby a data transmission resource is used to communicate with a STA [“wireless node”], according to [0095], Fig. 2).
Han does not expressly disclose that the second configuration configures a first operating bandwidth for the first primary channel and at least a second operating bandwidth for at least one second primary channel.
Seok discloses that the second configuration configures a first operating bandwidth for the first primary channel and at least a second operating bandwidth for at least one second primary channel (an AP configures a first primary channel to have a bandwidth of 1 MHz for an LR (low rate) STA and a second primary channel to have a bandwidth of 2 MHz for an HR (high rate) STA, according to [0190]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Han with Seok such that the second configuration configures a first operating bandwidth for the first primary channel and at least a second operating bandwidth for at least one second primary channel.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate channel access fairness between an LR STA and an HR STA (Seok: [0232]-[0238]).
Regarding claim 2, the combination of Han and Seok discloses all the limitations of claim 1.
Han does not expressly disclose that the first primary channel comprises a main primary channel; and the at least one second primary channel comprises an opportunistic primary channel.
Seok discloses that the first primary channel comprises a main primary channel; and the at least one second primary channel comprises an opportunistic primary channel (the AP opportunistically switches from communicating with a given STA via the first primary channel to communicating with that STA the second primary channel, according to [0243]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Han as modified by Seok with Seok such that the first primary channel comprises a main primary channel; and the at least one second primary channel comprises an opportunistic primary channel.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate channel access fairness between an LR STA and an HR STA (Seok: [0232]-[0238]).
Regarding claim 3, the combination of Han and Seok discloses all the limitations of claim 1. Additionally, Han discloses that the frame comprises: a beacon frame, a probe response frame, or a discovery frame (the frame is a beacon frame, according to [0023]).
Regarding claim 4, the combination of Han and Seok discloses all the limitations of claim 1. Additionally, Han discloses that the first configuration includes at least one of: a third operating bandwidth for the first primary channel; a fourth operating bandwidth for the at least one second primary channel; a fifth operating bandwidth for a first secondary channel; a sixth operating bandwidth for a second secondary channel; or a total bandwidth associated with the first BSS (the total data transmission bandwidth of the first BSS is specified [“a total bandwidth associated with the first BSS”], according to [0182]).
Regarding claim 5, the combination of Han and Seok discloses all the limitations of claim 1.
Han does not expressly disclose that in order to communicate, the one or more processors, individually or collectively, are further configured to cause the apparatus to: detect, on the first primary channel, a PPDU associated with the first BSS; and switch, after detection of the PPDU, from the first primary channel to the at least one second primary channel so as to communicate with the at least one wireless node in the second BSS.
Seok discloses that in order to communicate, the one or more processors, individually or collectively, are further configured to cause the apparatus to:
detect, on the first primary channel, a PPDU associated with the first BSS (the AP receives a PPDU frame from a STA on the first primary channel that is associated with a particular BSS, according to [0241], [0243]); and
switch, after detection of the PPDU, from the first primary channel to the at least one second primary channel so as to communicate with the at least one wireless node in the second BSS (subsequently, the AP switches to communicating with the STA using the second primary channel, according to [0243]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Han as modified by Seok with Seok such that in order to communicate, the one or more processors, individually or collectively, are further configured to cause the apparatus to: detect, on the first primary channel, a PPDU associated with the first BSS; and switch, after detection of the PPDU, from the first primary channel to the at least one second primary channel so as to communicate with the at least one wireless node in the second BSS.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate channel access fairness between an LR STA and an HR STA (Seok: [0232]-[0238]).
Regarding claim 6, the combination of Han and Seok discloses all the limitations of claim 1.
Han does not expressly disclose that the one or more processors, individually or collectively, are further configured to cause the apparatus to: switch, after a network allocation vector (NAV) duration indicated via the PPDU, from the at least one second primary channel back to the first primary channel for communicating with the at least one wireless node in the second BSS.
Seok discloses that the one or more processors, individually or collectively, are further configured to cause the apparatus to: switch, after a network allocation vector (NAV) duration indicated via the PPDU, from the at least one second primary channel back to the first primary channel for communicating with the at least one wireless node in the second BSS (the AP receives, via PPDU on the 1 MHz primary channel, a Network Allocation Vector (NAV) that indicates, in a duration field, a remaining time until the medium is available, according to [0110], [0288]-[0289], whereby a backoff procedure is performed in relation to the first primary channel and the second primary channel, such that when the second primary channel is determined to be busy, data transmission is forbidden on the second primary channel and communication resumes via the first primary channel, according to [0234]-[0238]).
Regarding claim 7, the combination of Han and Seok discloses all the limitations of claim 1.
Han does not expressly disclose that the one or more rules dictate a status of the second operating bandwidth for the at least one second primary channel relative to one or more operating bandwidths of the first BSS.
Seok discloses that the one or more rules dictate a status of the second operating bandwidth for the at least one second primary channel relative to one or more operating bandwidths of the first BSS (a condition specifies that the 2 MHz primary channel should not overlap with a 4 MHz secondary channel of existing BSSs, according to [0273]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Han as modified by Seok with Seok such that the one or more rules dictate a status of the second operating bandwidth for the at least one second primary channel relative to one or more operating bandwidths of the first BSS.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate channel access fairness between an LR STA and an HR STA (Seok: [0232]-[0238]).
Regarding claim 8, the combination of Han and Seok discloses all the limitations of claim 7.
Han does not expressly disclose that the status indicates that the second operating bandwidth for the second primary channel is at least one of allowed, encouraged, required, discouraged, or disallowed from overlapping with one or more operating bandwidths of the first BSS.
Seok discloses that the status indicates that the second operating bandwidth for the second primary channel is at least one of allowed, encouraged, required, discouraged, or disallowed from overlapping with one or more operating bandwidths of the first BSS (a condition specifies that the 2 MHz primary channel should not overlap [“disallowed from overlapping”] with a 4 MHz secondary channel of existing BSSs, according to [0273]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Han as modified by Seok with Seok such that the status indicates that the second operating bandwidth for the second primary channel is at least one of allowed, encouraged, required, discouraged, or disallowed from overlapping with one or more operating bandwidths of the first BSS.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate channel access fairness between an LR STA and an HR STA (Seok: [0232]-[0238]).
Regarding claim 9, the combination of Han and Seok discloses all the limitations of claim 1.
Han does not expressly disclose that the second configuration further configures at least one of: a third operating bandwidth for a first secondary channel; or a fourth operating bandwidth for a second secondary channel.
Seok discloses that the second configuration further configures at least one of: a third operating bandwidth for a first secondary channel; or a fourth operating bandwidth for a second secondary channel (a second secondary channel has a specified bandwidth, according to [0215]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Han as modified by Seok with Seok such that the second configuration further configures at least one of: a third operating bandwidth for a first secondary channel; or a fourth operating bandwidth for a second secondary channel.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate channel access fairness between an LR STA and an HR STA (Seok: [0232]-[0238]).
Claim 11 does not differ substantively from claim 2, and is therefore rejected on the same grounds as claim 2.
Claim 12 does not differ substantively from claim 3, and is therefore rejected on the same grounds as claim 3.
Claim 13 does not differ substantively from claim 4, and is therefore rejected on the same grounds as claim 4.
Claims 14 and 20 do not differ substantively from claim 5, and are therefore rejected on the same grounds as claim 5.
Claim 15 does not differ substantively from claim 6, and is therefore rejected on the same grounds as claim 6.
Claim 16 does not differ substantively from claim 7, and is therefore rejected on the same grounds as claim 7.
Claim 17 does not differ substantively from claim 8, and is therefore rejected on the same grounds as claim 8.
Claim 18 does not differ substantively from claim 9, and is therefore rejected on the same grounds as claim 9.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W GENACK whose telephone number is (571)272-7541. The examiner can normally be reached Monday through Friday, 9:00 AM to 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW W GENACK/Primary Examiner, Art Unit 2645
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