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 .
Preliminary Amendment
This action is in response to applicant’s Preliminary Amendment filed on 09/25/2024. Claim 16 has been added. Currently, claims 1-16 are pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/960,142, filed on 07/06/2020.
Information Disclosure Statement
The information disclosure statement submitted on 09/25/2024, 11/15/2024 and 09/16/2025 have been considered by the Examiner and made of record in the application file.
Claim Objections
Claims 4, 7 and 13 are objected to because of the following informalities:
On line 1 of claim 4, replace “claim 2” with -- claim 3 --;
On lines 2-3 of claim 7, replace “the at least one neighboring devices” with -- the at least one neighboring electronic device --;
On line 1 of claim 13, replace “any claim 12” with -- claim 12 --.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a detection module” in claims 1 and 16 and “the detection module” in claim 9 with corresponding structure in par [0061] and [0078]-[0081], “a switching unit” in claims 1 and 16 and “the switching unit” in claims 3, 4, 9 and 10 with corresponding structure in par [0065]-[0069], [0078]-[0081] and [0114].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 15 recites “[a] computer program”, which does not fall within at least one of the four categories of patent eligible subject matter because claim 15 as a whole is directed to a program per se embodiment. The intended use of “when said program is run on a computer” holds no patentable weight, as it doesn’t structurally modify the program. The program is defined by the claimed code. Hence the claim is directed to a program per se and doesn’t fit in any of the 4 statutory categories of invention.
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.
Claim 8 is 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.
Consider claim 8, it recites “a clock synchronization unit adapted to, when the transceiver is in the long-range mode, synchronize an internal clock of the electronic device with a clock of one of the at least one external devices”, and is interpreted under 35 U.S.C 112(f). Although the claim does not use “means”, the term “unit” functions as generic placeholder, and the limitation defines that unit by the synchronization function it performs, but the claim does not recite sufficient structure for performing the complete function. Paragraphs [0028]-[0029], [0035] and [0083]-[0084] of the specification (see current application US PGPub) provide the most relevant description of “clock synchronization unit”, but fail to provide adequate corresponding structure for the complete synchronization function. Without the adequate corresponding structure, the scope of the 112(f) limitation and its equivalents cannot be determined. See MPEP 2181(II)(B) and (III).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As explained above regarding claim 8, the specification states the synchronization function of the claimed “clock synchronization unit” but does not provide adequate corresponding structure performing it. Therefore, the specification does not reasonably convey to one of ordinary skill in the art that the inventor possessed the claimed electronic device, including the “clock synchronization unit” performing the complete claimed function, as of filing. See MPEP 2163.03(VI) and 2181(IV).
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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 10-12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alpert et al. (US 20090180451 A1).
Consider claim 1, Alpert discloses an electronic device (read as mobile station (MS) containing radio access hardware and coordination circuitry, par [0081] and [0157]) comprising:
a transceiver adapted to be switchable between (read as single multimode transceiver that alternate between WiMAX and WLAN radio access, using the same transmitter and receiver for both, par [0157]):
a long-range mode in which the transceiver communicates with at least one external device using a long-range wireless communication technology, wherein the long-range wireless communication technology includes two or more power saving modes (read as WiMAX radio access through which the MS communicates with a WiMAX base station (i.e. external device) over a long range connection; the WiMAX technology support Sleep and Idle modes, providing two power saving modes, figure 4, par [0003], [0009] and [0142]); and
a short-range mode in which the transceiver communicates with at least one neighboring electronic device using a short-range wireless communication technology (read as MS transmitting and receiving WLAN packets with an access point (AP) (i.e. neighboring electronic device) through a short rage Wireless Local Area Network (WALN), figure 3, par [0004] and [0147]-[0148]);
a detection module adapted to determine if the long-range wireless communication technology is in a power saving mode and determine which power saving mode is active (read as programmed baseband processors implementing the coordination manager blocks 216, 226 or centralized coordination unit 204 that obtain the current sleep, scan or idle mode configuration; and the current state for radio access technology (RAT) identifies whether WiMAX is operating in a power saving mode and identifies the active mode, including Sleep or Idle, figures 5, 7 and 8, par [0088], [0092], [0122], [0130] and [0145]); and
a switching unit adapted to switch the transceiver between the short-range mode and the long-range mode based on the determined power saving mode of the long-range wireless communication technology (read as coordination managers and media access control (MAC) controllers that use the current configuration and associated reserved allocation to determine WLAN transmission and reception opportunities; and configuring the single multimode transceiver to alternate between WiMAX communication and WLAN communication in the remaining available time, and the determined power saving mode controls the switching through its associated allocation, figures 7-9, par [0122]-[0123], [0145], [0147] and [0157]).
Consider claim 2, as applied to claim 1 above, Alpert discloses wherein the long-range wireless communication technology is cellular and the power saving mode includes one or more of a discontinuous reception technique (DRX), an enhanced discontinuous reception (eDRX) and a sleep mode (read as WiMAX as cellular radio access in which the mobile station communicates with its base station in its current cell, and the WiMAX access supports Sleep mode, figure 7, par [0009], [0124] and [0142]).
Consider claim 10, as applied to claim 1 above, Alpert discloses wherein the switching unit is adapted to periodically switch the transceiver between the long-range mode and the short-range mode based on the power saving mode of the long-range wireless communication technology (read as the repeated availability and unavailability process, the coordination managers and MAC controllers obtain the current mode configuration and uses its reserved allocations to wake the long range (WiMAX) radio access during availability periods and allow WLAN communication in remaining/other time (WiMAX unavailability periods); with the single multimode transceiver controlling recurring selection of WiMAX and WLAN radio access, providing periodic switching based on the power saving mode, figure 8, par [0026], [0130]-[0131], [0145], [0147] and [0157]).
Consider claim 11, as applied to claim 1 above, Alpert discloses wherein the electronic device and the at least one neighboring electronic device form, when the electronic device is operating in the short-range mode, a short-range network (read as mobile station communicating with devices associated with WLAN 18, including WLAN access point 28, figure 3, par [0073], [0101] and [0147]).
Consider claim 12, Alpert discloses a method of operating a transceiver of an electronic device (read as the mobile station (MS) executing an ongoing process that operates its single multimode transceiver between WiMAX and WLAN radio access, figure 8, par [0130] and [0157]), wherein the transceiver is adapted to be switchable between (read as single multimode transceiver that alternate between WiMAX and WLAN radio access, using the same transmitter and receiver for both, par [0157]) a long-range mode in which the transceiver communicates with at least one external device using a long-range wireless communication technology wherein the long-range wireless communication technology includes two or more power saving modes (read as WiMAX radio access through which the MS communicates with a WiMAX base station (i.e. external device) over a long range connection; the WiMAX technology support Sleep and Idle modes, providing two power saving modes, figure 4, par [0003], [0009] and [0142]);; and a short-range mode in which the transceiver communicates with at least one neighboring electronic device using a short-range wireless communication technology (read as MS transmitting and receiving WLAN packets with an access point (AP) (i.e. neighboring electronic device) through a short rage Wireless Local Area Network (WALN), figure 3, par [0004] and [0147]-[0148]), the method comprising:
determining if the long-range wireless communication technology is in a power saving mode and determine which power saving mode is active (read as programmed baseband processors implementing the coordination manager blocks 216, 226 or centralized coordination unit 204 that obtain the current sleep, scan or idle mode configuration; and the current state for radio access technology (RAT) identifies whether WiMAX is operating in a power saving mode and identifies the active mode, including Sleep or Idle, figures 5, 7 and 8, par [0088], [0092], [0122], [0130] and [0145]); and
switching the transceiver between the short-range mode and the long-range mode based on the determined power saving mode of the long-range wireless communication technology (read as coordination managers and media access control (MAC) controllers that use the current state and associated reserved allocation to determine WLAN transmission and reception opportunities; in the single multimode transceiver configuration, that control alternate the transceiver between WiMAX communication and WLAN communication in the remaining available time, and the determined power saving mode controls the switching through its associated allocation, figures 7-9, par [0122]-[0123], [0145], [0147] and [0157]).
Consider claim 15, as applied to claim 12 above, Alpert discloses a computer program comprising code means for implementing the method of claim 12 when said program is run on a computer (read as programs loaded into the computer’s execution memory, with executable instructions implementing the coordination operations of figures 7 and 8, par [0130], [0145]-[0147] and [0163]-[0164]).
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 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.
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.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 3, 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpert et al. (US 20090180451 A1) in view of Das et al. (US 20120072751 A1).
Consider claim 3, as applied to claim 1 above, Alpert discloses wherein: the electronic device is adapted to receive signals from the at least one neighboring electronic device when operating in the short-range mode (read as mobile station A receiving WLAN packets from neighboring mobile station B while performing WLAN radio access, figure 4, par [0080] and [0147]) ; and the switching unit is adapted to switch the transceiver from the short-range mode to the long-range mode (read as coordination mangers and MAC controllers controlling the single multimode transceiver to alternate between WLAN and WiMAX radio access accordingly to the appliable reserved allocations, including switching from WLAN to WiMAX, par [0145] and [0157]) but does not specifically disclose switch the transceiver from the short-range mode to the long-range mode in response to an override signal received from the at least one neighboring electronic device.
Nonetheless, Das discloses a proxy device 104 sending a wake-up signal through the secondary short-range communication interface, upon receiving the wake-up signal, client terminal 102 activates its primary long-range communication interface, figures 1-2, par [0038]-[0039] and [0062].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Das into the teachings of Alpert, to configure Alpert’s single multimode transceiver coordination using Das’s activation triggering technique upon receiving a wake-up signal, in order to reduce incoming message delay by initiating WiMAX restoration when the neighboring proxy reports traffic for the mobile station (see par [0057]-[0058]).
Consider claim 4, as applied to claim 3 above, Alpert discloses the claimed invention above but does not specifically disclose wherein the override signal represents a request from the at least one external device to communicate with the electronic device.
Nonetheless, Das discloses access node 106 transmitting an incoming message for client terminal 102, which proxy device 104 forwards over the secondary short range interface, the forwarded Announce Call message represents the communication request conveyed by the access node 106, the client terminal 102 activates its primary interface and sends an Accept Call message to the access node 106, figure 2, par [0061]-[0063].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to further incorporate the teachings of Das into the teachings of Alpert, to configure the single multimode transceiver coordination with activation triggering using Das’s forwarded Announce Call messages as the override, in order to restore the requested connection upon notification of an incoming call instead of awaiting the ordinary monitoring cycle (see par [0057] and [0063] of Das).
Consider claim 13, as applied to claim 12 above, Alpert discloses the claimed inventio above but does not specifically disclose further comprising: receiving an override signal from the at least one neighboring electronic device; and switching the transceiver from the short-range mode to the long-range mode in response to the override signal
Nonetheless, Das discloses a proxy device 104 sending a wake-up signal through the secondary short-range communication interface, upon receiving the wake-up signal, client terminal 102 activates its primary long-range communication interface, figures 1-2, par [0038]-[0039] and [0062].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Das into the teachings of Alpert, to configure Alpert’s single multimode transceiver coordination using Das’s activation triggering technique upon receiving a wake-up signal, in order to reduce incoming message delay by initiating WiMAX restoration when the neighboring proxy reports traffic for the mobile station (see par [0057]-[0058]).
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpert et al. (US 20090180451 A1) in view of Bennett et al. (US 20050032556 A1).
Consider claim 5, as applied to claim 1 above, Alpert discloses wherein the electronic device is adapted to, after entering the short-range mode, transmit a presence message to the at least one neighboring electronic device (read as the single multimode transceiver entering WLAN operation and the WLAN coordination manger sending poll or UPSD packets to the AP during that WLAN opportunity, par [0147]-[0148] and [0157]) but does not specifically disclose in response to entering the short-range mode, broadcast a presence message to the at least one neighboring electronic device.
Nonetheless, Bennet discloses a lower power node coming out of sleep mode and transmits a broadcast pack containing its unique ID so nearby nodes can identify and communicate with the low power node, the identifying broadcast announces the node’s presence when it becomes available for local radio communication, par [0042].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bennet into the teachings of Alpert, to configure the Alpert’s entry into WLAN operation using an identifying broadcast upon entry, in order to enable neighboring devices to discover the mobile station and initiate communication during its limited WLAN opportunities (par [0039] and [0042]).
Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpert et al. (US 20090180451 A1) in view of Meijers et al. (US 20130214909 A1).
Consider claim 6, as applied to claim 1 above, Alpert discloses the claimed invention above and wherein the electronic device is adapted to, prior to exiting the short-range mode, transmit a message to the at least one neighboring electronic device (read as sending poll or UPSD packets to the AP that can be completed with the WLAN communication opportunity, these WLAN transmissions occur before the single multimode transceiver leaves WLAN operation for the reserved WiMAX communication period, par [0147], [0148] and [0157]) but does not specifically disclose broadcast a leave message to the at least one neighboring electronic device prior to exiting the short-range mode.
Nonetheless, Meijers discloses a wireless identity transmitter broadcasting a deactivating signal to nearby proximity broadcast receivers, announcing that its short-range broadcasts will stop, and the broadcast 2904 is before transmitter disablement 2906, figure 29, par [0403].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Meijers into the teachings of Alpert, to configure the Alpert’s exit from WLAN operation using a deactivation broadcast before radio access switching/existing, in order to inform neighboring receivers of impending WLAN unavailability rather than leave the mobile station’s WLAN mode unreported (see par [0376]-[0377] of Meijers).
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpert et al. (US 20090180451 A1) in view of SEED et al. (US 20160174148 A1).
Consider claim 7, as applied to claim 1 above, Alpert discloses wherein the electronic device is adapted to, prior to exiting the short-range mode, receive from one or more of the at least one neighboring devices of the network data which is communicated using the short-range wireless communication technology and intended for the electronic device (read as the WLAN coordination manager polling the neighboring AP for a downstream packet intended for the mobile station during a WLAN receive opportunity, that WLAN reception occurs before the subsequent return to WiMAX, figure 3, par [0073], [0147]-[0148] and [0157]) but does not specifically disclose prior to exiting the short-range mode, nominate one or more of the at least one neighboring devices of the network to act as a buffer for data which is communicated using the short-range wireless communication technology and intended for the electronic device.
Nonetheless, Seed discloses destination packet buffering, which the sleepy destination node 1006 specifying its selected packet handling technique through configuration function 615 when registering with the default router, selecting store and forward option 612 designates that router to keep (buffer) the destination’s packets during its absence (figure 6, par [0063]-[0064]), the destination node 1006 registers at 1012 before sleeping at 1015, router 1004 stores its packet at 1020 and delivers the kept (buffered) packet to that destination at 1026, figure 10, par [0075].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Seed into the teachings of Alpert, to configure the Alpert’s WLAN exit procedure using Seed’s store-and-forward technique with its neighboring router/access point, in order to preserve incoming WLAN packets during the mobile station’s absence (i.e. WLAN sleep period) and deliver them when the WLAN operation resumes (see par [0063]-[0064] of Seed).
Claims 8, 9, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpert et al. (US 20090180451 A1) in view of Bitran et al. (US 20070183383 A1).
Consider claim 8, as applied to claim 1 above, Alpert discloses further comprising a clock synchronization unit adapted to synchronize an internal clock of the electronic device a radio access specific clock (read as baseband coordination managers circuit using a common clock base and frame related timing indications, with frequency and time synchronization and corrections based on clock offset and drift from the radio access specific clock, figure 5, par [0088] and [0110]) but does not specifically disclose when the transceiver is in the long-range mode, synchronize the internal clock of the electronic device with a clock of one of the at least one external devices.
Nonetheless, Bitran discloses terminal 22 receiving WiMAX base station timing signals and controlling its uplink timing in synchronization with the WiMAX frame clock, the received signals provides the external timing reference for terminal 22’s local frame timing; and the radio frequency (RF) and baseband circuits receive the reference during WiMAX operation, figures 3 and 6, par [0054] and [0074]-[0075].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bitran into the teachings of Alpert, to configure mobile station’s internal clock using received WiMAX base station timing as its synchronization reference, in order to keep local communication timing aligned with WiMAX frames and reduce interference and potential data loss during interleaved operation (see par [0075] of Bitran).
Consider claim 9, as applied to claim 1 above, Alpert discloses wherein: the detection module is adapted to detect a period of time for which the transceiver will be unable to communicate using the long-range wireless communication technology due to the power saving mode (read as the coordination circuitry obtaining the current mode configuration and its transmit/receive reservation allocations; for the selected WiMAX Sleep operation, these allocation boundaries identify the inactive period during which the MS cannot receive or transmit using WiMAX, and obtaining the scheduled boundaries determines the period of future long range unavailability imposed by the corresponding power saving operation, figures 8-9, par [0110], [0130], [0142] and [0149]); and
the switching unit is adapted to switch the transceiver to the short-range mode during the period of time (read as coordination managers and MAC controllers controlling the single multimode transceiver to transmit and receive WLAN packets during remaining time outside the reserved WiMAX communication allocation, which corresponds to selection of WLAN operation during the identified WiMAX unavailability period, figure 9, par [0147] and [0157]).
However, Alpert discloses the claimed invention above but does not specifically disclose switch the transceiver to the short-range mode for the duration of the period of time.
Nonetheless, Bitran discloses mode controller 68 switching the shared radio frequency (RF) and baseband circuits according to timer 69, the class 2 schedule reserves the two sleep frames (during WiMAX class 2 sleep) for WLAN and followed immediately by WiMAX downlink signal 126, which correspond to selecting WLAN operation throughout the sleep intervals and returning to WiMAX operation at its end, figures 3 and 6, par [0054], [0074] and [0081].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bitran into the teachings of Alpert, to configure Alpert’s transceiver coordination using Bitran’s timer-controlled WLAN operation throughout the reserved WiMAX sleep intervals, in order to reduce interference and potential data loss by separating the mobile station’s WLAN exchange from its scheduled WiMAX exchanges (see par [0075] of Bitran).
Consider claim 14, as applied to claim 12 above, Alpert discloses further comprising a clock synchronization unit adapted to synchronize an internal clock of the electronic device a radio access specific clock (read as baseband coordination managers circuit using a common clock base and frame related timing indications, with frequency and time synchronization and corrections based on clock offset and drift from the radio access specific clock, figure 5, par [0088] and [0110]) but does not specifically disclose when the transceiver is in the long-range mode, synchronize the internal clock of the electronic device with a clock of one of the at least one external devices.
Nonetheless, Bitran discloses terminal 22 receiving WiMAX base station timing signals and controlling its uplink timing in synchronization with the WiMAX frame clock, the received signals provides the external timing reference for terminal 22’s local frame timing; and the radio frequency (RF) and baseband circuits receive the reference during WiMAX operation, figures 3 and 6, par [0054] and [0074]-[0075].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bitran into the teachings of Alpert, to configure mobile station’s internal clock using received WiMAX base station timing as its synchronization reference, in order to keep local communication timing aligned with WiMAX frames and reduce interference and potential data loss during interleaved operation (see par [0075] of Bitran).
Consider claim 16, Alpert discloses an electronic device (read as mobile station (MS) containing radio access hardware and coordination circuitry, par [0081] and [0157]) comprising:
a transceiver adapted to be switchable between (read as single multimode transceiver that alternate between WiMAX and WLAN radio access, using the same transmitter and receiver for both, par [0157]):
a long-range mode in which the transceiver communicates with at least one external device using a long-range wireless communication technology, wherein the long-range wireless communication technology includes a power saving mode comprising one or more characteristics (read as WiMAX radio access through which the MS communicates with a WiMAX base station (i.e. external device) over a long range connection; the WiMAX power saving mode include active and inactive periods and a specified amount of time in low power operation, figure 4, par [0003], [0009] and [0142]); and
a short-range mode in which the transceiver communicates with at least one neighboring electronic device using a short-range wireless communication technology (read as MS transmitting and receiving WLAN packets with an access point (AP) (i.e. neighboring electronic device) through a short rage Wireless Local Area Network (WALN), figure 3, par [0004] and [0147]-[0148]);
a detection module adapted to determine if the long-range wireless communication technology is in the power saving mode and determine said one or more characteristics of the power saving mode (read as programmed baseband processors implementing the coordination manager blocks 216, 226 or centralized coordination unit 204 that obtain the current mode configuration and current state for the RAT, identifying whether the selected WiMAX power saving mode is active, and also obtains the transmit/receive reservation allocation, whose specific times identify the communication availability and unavailability periods associated with that mode, these periods provide the determined timing characteristics, figures 5 and 8, par [0088], [0122], [0142] and [0145]); and
a switching unit adapted to switch the transceiver between the short-range mode and the long-range mode based on the determined one or more characteristics of the power saving mode of the long-range wireless communication technology (read as coordination managers and media access control (MAC) controllers that use the determined reserved allocations of availability periods to control WiMAX communication and the remaining WLAN transmission and reception opportunities, in the single multimode transceiver configuration, this control selects WiMAX or WLAN operation according to the power saving mode’s timing characteristics, figure 9, par [0145], [0147] and [0157]);
wherein: the detection module is adapted to detect a period of time for which the transceiver will be unable to communicate using the long-range wireless communication technology due to the power saving mode (read as the coordination circuitry obtaining the current mode configuration and its transmit/receive reservation allocations; for the selected WiMAX Sleep operation, these allocation boundaries identify the inactive period during which the MS cannot receive or transmit using WiMAX, and obtaining the scheduled boundaries determines the period of future long range unavailability imposed by the corresponding power saving operation, figures 8-9, par [0110], [0130], [0142] and [0149]); and
the switching unit is adapted to switch the transceiver to the short-range mode during the period of time (read as coordination managers and MAC controllers controlling the single multimode transceiver to transmit and receive WLAN packets during remaining time outside the reserved WiMAX communication allocation, which corresponds to selection of WLAN operation during the identified WiMAX unavailability period, figure 9, par [0147] and [0157]).
However, Alpert discloses the claimed invention above but does not specifically disclose switch the transceiver to the short-range mode for the duration of the period of time.
Nonetheless, Bitran discloses mode controller 68 switching the shared radio frequency (RF) and baseband circuits according to timer 69, the class 2 schedule reserves the two sleep frames (during WiMAX class 2 sleep) for WLAN and followed immediately by WiMAX downlink signal 126, which correspond to selecting WLAN operation throughout the sleep intervals and returning to WiMAX operation at its end, figures 3 and 6, par [0054], [0074] and [0081].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bitran into the teachings of Alpert, to configure Alpert’s transceiver coordination using Bitran’s timer-controlled WLAN operation throughout the reserved WiMAX sleep intervals, in order to reduce interference and potential data loss by separating the mobile station’s WLAN exchange from its scheduled WiMAX exchanges (see par [0075] of Bitran).
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 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,108,327. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims encompasses the instant claims as follow:
Consider claim 1, U.S. Patent No. 12,108,327 discloses an electronic device comprising: a transceiver adapted to be switchable between: a long-range mode in which the transceiver communicates with at least one external device using a long-range wireless communication technology, wherein the long-range wireless communication technology includes two or more power saving modes; and a short-range mode in which the transceiver communicates with at least one neighboring electronic device using a short-range wireless communication technology; a detection module adapted to determine if the long-range wireless communication technology is in a power saving mode and determine which power saving mode is active; and a switching unit adapted to switch the transceiver between the short-range mode and the long-range mode based on the determined power saving mode of the long-range wireless communication technology (see claim 1).
Consider claim 2, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein the long-range wireless communication technology is cellular and the power saving mode includes one or more of a discontinuous reception technique (DRX), an enhanced discontinuous reception (eDRX) and a sleep mode (see claim 1).
Consider claim 3, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein: the electronic device is adapted to receive signals from the at least one neighboring electronic device when operating in the short-range mode; and the switching unit is adapted to switch the transceiver from the short-range mode to the long-range mode in response to an override signal received from the at least one neighboring electronic device (see claim 2).
Consider claim 4, as applied to claim 3 above, U.S. Patent No. 12,108,327 discloses wherein the override signal represents a request from the at least one external device to communicate with the electronic device (see claim 3).
Consider claim 5, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein the electronic device is adapted to, in response to entering the short-range mode, broadcast a presence message to the at least one neighboring electronic device (see claim 4).
Consider claim 6, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein the electronic device is adapted to, prior to exiting the short-range mode, broadcast a leave message to the at least one neighboring electronic device (see claim 5).
Consider claim 7, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein the electronic device is adapted to, prior to exiting the short-range mode, nominate one or more of the at least one neighboring devices of the network to act as a buffer for data which is communicated using the short-range wireless communication technology and intended for the electronic device (see claim 10).
Consider claim 8, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses a clock synchronization unit adapted to, when the transceiver is in the long-range mode, synchronize an internal clock of the electronic device with a clock of one of the at least one external devices (see claim 7).
Consider claim 9, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein: the detection module is adapted to detect a period of time for which the transceiver will be unable to communicate using the long-range wireless communication technology due to the power saving mode; and the switching unit is adapted to switch the transceiver to the short-range mode for the duration of the period of time (see claim 8).
Consider claim 10, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein the switching unit is adapted to periodically switch the transceiver between the long-range mode and the short-range mode based on the power saving mode of the long-range wireless communication technology (see claim 9).
Consider claim 11, as applied to claim 1 above, U.S. Patent No. 12,108,327 discloses wherein the electronic device and the at least one neighboring electronic device form, when the electronic device is operating in the short-range mode, a short-range network (see claim 6).
Consider claim 12, U.S. Patent No. 12,108,327 discloses a method of operating a transceiver of an electronic device, wherein the transceiver is adapted to be switchable between a long-range mode in which the transceiver communicates with at least one external device using a long-range wireless communication technology wherein the long-range wireless communication technology includes two or more power saving modes; and a short-range mode in which the transceiver communicates with at least one neighboring electronic device using a short-range wireless communication technology, the method comprising: determining if the long-range wireless communication technology is in a power saving mode and determine which power saving mode is active; and switching the transceiver between the short-range mode and the long-range mode based on the determined power saving mode of the long-range wireless communication technology (see claim 11).
Consider claim 13, as applied to claim 12 above, U.S. Patent No. 12,108,327 discloses receiving an override signal from the at least one neighboring electronic device; and switching the transceiver from the short-range mode to the long-range mode in response to the override signal (see claim 12).
Consider claim 14, as applied to claim 12 above, U.S. Patent No. 12,108,327 discloses comprising synchronizing, when the transceiver is in the long-range mode, an internal clock of the electronic device with a clock of one of the at least one external devices (see claim 13).
Consider claim 15, as applied to claim 12 above, U.S. Patent No. 12,108,327 discloses a computer program comprising code means for implementing the method of claim 12 when said program is run on a computer (see claim 14).
Consider claim 16, U.S. Patent No. 12,108,327 discloses an electronic device comprising: a transceiver adapted to be switchable between: a long-range mode in which the transceiver communicates with at least one external device using a long-range wireless communication technology, wherein the long-range wireless communication technology includes a power saving mode comprising one or more characteristics; and a short-range mode in which the transceiver communicates with at least one neighboring electronic device using a short-range wireless communication technology; a detection module adapted to determine if the long-range wireless communication technology is in the power saving mode and determine said one or more characteristics of the power saving mode; and a switching unit adapted to switch the transceiver between the short-range mode and the long-range mode based on the determined one or more characteristics of the power saving mode of the long-range wireless communication technology; wherein: the detection module is adapted to detect a period of time for which the transceiver will be unable to communicate using the long-range wireless communication technology due to the power saving mode; and the switching unit is adapted to switch the transceiver to the short-range mode for the duration of the period of time (see claims 1 and 9).
Conclusion
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/Junpeng Chen/
Primary Examiner, Art Unit 2645
Prosecution Insights