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 .
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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2. Claims 14-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No: 12,156,244 B2 in view of Heidari et al. (US Pub. No: 2011/0096739 A1).
Regarding claim 14, U.S. Patent No: 12,156,244 B2 teaches an operating method of a communication node in a wireless communication network, wherein the node communicates with a central communication unit via at least one access point (see claim 1, preamble), the operating method comprising:
receiving, at the node, a wireless signal from the access point (see claim 1, limitation 1);
determining by the node, channel quality information based on the received wireless signal (see claim 1, limitation 2);
determining, by the node, an order of active channels ranked according to the determined channel quality (see claim 1, limitation 3); and
selecting, by the node, an active channel for transmitting wireless signals in accordance with the determined order (see claim 1, limitation 4), and
transmitting by the node, wireless signals on the selected, active channel (see claim 1, limitation 5).
U.S. Patent No: 12,156,244 B2 is silent in teaching the above operating method of a communication node comprising wherein the channel quality information comprises energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals.
However, Heidari et al. teach an operating method of a communication node (see Abstract & Fig.1, client station/node and para [0009]) comprising wherein the channel quality information comprises energy measurements on all channels (see Fig.7 and para [0044] wherein the AP maintaining a lookup table 71 or other type of data structure that lists all the channels in the applicable frequency band and an associated quality measure and quality rank for each channel and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned and also see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned, all of which clearly includes and is equivalent to “wherein the channel quality information comprises energy measurements on all channels”) and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals (see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned and also see Fig.9 & at step 907 the lookup table (that includes the energy measurements on all channels) being advertised/transmitted to one or more other stations on the network, is mentioned).
Therefore, it would have been obvious for one of ordinary skill in the art at the time of the invention to modify the above operating method of a communication node of U.S. Patent No: 12,156,244 B2 to have the channel quality information comprising energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals, disclosed by Heidari et al. in order to provide an effective mechanism of a wireless station for efficiently selecting the best channel of a wireless network for data communication at any given time and also selecting channel scanning dynamically during operation and thereby optimizing one or more performance characteristics of channel selection in a multiple-input multiple-output (MIMO) communication system.
Regarding claim 15, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the method according to claim 14.
U.S. Patent No: 12,156,244 B2 further teaches the method according to claim 14, wherein the wireless communication network is a beacon enabled carrier sense multiple access based network (see claim 2).
Regarding claim 16, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the method according to claim 15.
U.S. Patent No: 12,156,244 B2 further teaches the method according to claim 15, wherein the transmitting, by the node, of the wireless signals on the selected, active channel, includes transmitting a message using carrier sense multiple access/collision avoidance (see claim 3).
Regarding claim 17, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the method according to claim 14.
U.S. Patent No: 12,156,244 B2 further teaches the method according to claim 14, further comprising locking, by the node, on beacon timing information provided by a receipt of beacon data from the access point (see claim 4).
Regarding claim 18, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the method according to claim 17.
U.S. Patent No: 12,156,244 B2 further teaches the method according to claim 17, further comprising iterating, by the node, through the channels according to a timeslot pattern (see claim 5).
Regarding claim 19, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the method according to claim 14.
U.S. Patent No: 12,156,244 B2 further teaches the method according to claim 14, further comprising operating the access point in a beacon transmit mode, wherein the access point transmits wireless beacon data to the node and in a listening mode, wherein the access point relays data received from the node to the central communication unit (see claim 1, limitation 6).
Regarding claim 20, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the method according to claim 19.
U.S. Patent No: 12,156,244 B2 further teaches the method according to claim 19, wherein the node and the access point are synchronized by a common clock signal (see claim 6).
Regarding claim 21, U.S. Patent No: 12,156,244 B2 teaches a communication node operating in a wireless communication network, the network comprising the node, a central communication unit and at least one access point (see claim 7, preamble), the node being configured to:
receiving a wireless signal from the access point; determining channel quality information based on the received wireless signal (see claim 7, limitation 1);
determining channel quality information based on the received wireless signal (see claim 7, limitation 2);
determining an order of active channels ranked according to the determined channel quality (see claim 7, limitation 3); and
selecting an active channel for transmitting wireless signals in accordance with the determined order (see claim 7, limitation 4), and
transmitting, by the node, wireless signals on the selected, active channel (see claim 7, limitation 5).
U.S. Patent No: 12,156,244 B2 is silent in teaching the above communication node comprising wherein the channel quality information comprises energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals.
However, Heidari et al. teach a communication node (see Abstract & Fig.1, client station/node and para [0009]) comprising wherein the channel quality information comprises energy measurements on all channels (see Fig.7 and para [0044] wherein the AP maintaining a lookup table 71 or other type of data structure that lists all the channels in the applicable frequency band and an associated quality measure and quality rank for each channel and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned and also see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned, all of which clearly includes and is equivalent to “wherein the channel quality information comprises energy measurements on all channels”) and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals (see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned and also see Fig.9 & at step 907 the lookup table (that includes the energy measurements on all channels) being advertised/transmitted to one or more other stations on the network, is mentioned).
Therefore, it would have been obvious for one of ordinary skill in the art at the time of the invention to modify the above communication node of U.S. Patent No: 12,156,244 B2 to have the channel quality information comprising energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals, disclosed by Heidari et al. in order to provide an effective mechanism of a wireless station for efficiently selecting the best channel of a wireless network for data communication at any given time and also selecting channel scanning dynamically during operation and thereby optimizing one or more performance characteristics of channel selection in a multiple-input multiple-output (MIMO) communication system.
Regarding claim 22, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the node according to claim 21.
U.S. Patent No: 12,156,244 B2 further teaches the node according to claim 21, wherein the wireless communication network is a beacon enabled carrier sense multiple access based network (see claim 8).
Regarding claim 23, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the node according to claim 22.
U.S. Patent No: 12,156,244 B2 further teaches the node according to claim 22, wherein the transmitting, by the node, of the wireless signals on the selected, active channel, includes transmitting a message using carrier sense multiple access/collision avoidance (see claim 9).
Regarding claim 24, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the node according to claim 21.
U.S. Patent No: 12,156,244 B2 further teaches the node according to claim 21, further configured to lock on beacon timing information provided by a receipt of beacon data from the access point (see claim 10).
Regarding claim 25, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the node according to claim 24.
U.S. Patent No: 12,156,244 B2 further teaches the node according to claim 24, further configured to iterate through the channels according to a timeslot pattern (see claim 11).
Regarding claim 26, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the node according to claim 21.
U.S. Patent No: 12,156,244 B2 further teaches the node according to claim 21, wherein the access point is configured to operate in a beacon transmit node where the access point transmits wireless beacon data to the node, and the access point is configured to operate in a listening mode where the access point relays data received from the node to the central communication unit (see claim 7, limitation 6).
Regarding claim 27, U.S. Patent No: 12,156,244 B2 and Heidari et al. together teach the node according to claim 26.
U.S. Patent No: 12,156,244 B2 further teaches the node according to claim 26, wherein the node and the access point are synchronized by a common clock signal (see claim 12).
Regarding claim 28, U.S. Patent No: 12,156,244 B2 further teaches a wireless communication system, comprising a central communication unit, at least one access point, and at least one communication node as set forth in claim 14 (see claim 13).
Regarding claim 29, U.S. Patent No: 12,156,244 B2 further teaches a storage system (see claim 14, preamble), comprising: a three-dimensional storage grid structure containing a plurality of bins stacked in vertical stacks (see claim 14, limitation 1), supporting rails on the grid structure (see claim 14, limitation 2) and a plurality of vehicles, arranged to move along the rails on the grid structure, each vehicle being configured to communicate with a central communication unit via at least one access point, each vehicle comprising a communication node as set forth in claim 21 (see claim 14, limitation 3).
3. Claims 14-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No: 11,770,846 B2 in view of Heidari et al. (US Pub. No: 2011/0096739 A1).
Regarding claim 14, U.S. Patent No: 11,770,846 B2 teaches an operating method of a communication node in a wireless communication network, wherein the node communicates with a central communication unit via at least one access point (see claim 1, preamble), the operating method comprising:
receiving, at the node, a wireless signal from the access point (see claim 1, limitation 1);
determining by the node, channel quality information based on the received wireless signal (see claim 1, limitation 2);
determining, by the node, an order of active channels ranked according to the determined channel quality (see claim 1, limitation 3); and
selecting, by the node, an active channel for transmitting wireless signals in accordance with the determined order (see claim 1, limitation 4), and
transmitting by the node, wireless signals on the selected, active channel (see claim 1, limitation 5).
U.S. Patent No: 11,770,846 B2 is silent in teaching the above operating method of a communication node comprising wherein the channel quality information comprises energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals.
However, Heidari et al. teach an operating method of a communication node (see Abstract & Fig.1, client station/node and para [0009]) comprising wherein the channel quality information comprises energy measurements on all channels (see Fig.7 and para [0044] wherein the AP maintaining a lookup table 71 or other type of data structure that lists all the channels in the applicable frequency band and an associated quality measure and quality rank for each channel and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned and also see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned, all of which clearly includes and is equivalent to “wherein the channel quality information comprises energy measurements on all channels”) and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals (see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned and also see Fig.9 & at step 907 the lookup table (that includes the energy measurements on all channels) being advertised/transmitted to one or more other stations on the network, is mentioned).
Therefore, it would have been obvious for one of ordinary skill in the art at the time of the invention to modify the above operating method of a communication node of U.S. Patent No: 11,770,846 B2 to have the channel quality information comprising energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals, disclosed by Heidari et al. in order to provide an effective mechanism of a wireless station for efficiently selecting the best channel of a wireless network for data communication at any given time and also selecting channel scanning dynamically during operation and thereby optimizing one or more performance characteristics of channel selection in a multiple-input multiple-output (MIMO) communication system.
Regarding claim 15, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the method according to claim 14.
U.S. Patent No: 11,770,846 B2 further teaches the method according to claim 14, wherein the wireless communication network is a beacon enabled carrier sense multiple access based network (see claim 2).
Regarding claim 16, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the method according to claim 15.
U.S. Patent No: 11,770,846 B2 further teaches the method according to claim 15, wherein the transmitting, by the node, of the wireless signals on the selected, active channel, includes transmitting a message using carrier sense multiple access/collision avoidance (see claim 3).
Regarding claim 17, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the method according to claim 14.
U.S. Patent No: 11,770,846 B2 further teaches the method according to claim 14, further comprising locking, by the node, on beacon timing information provided by a receipt of beacon data from the access point (see claim 1, last limitation i.e. limitation 8).
Regarding claim 18, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the method according to claim 17.
U.S. Patent No: 11,770,846 B2 further teaches the method according to claim 17, further comprising iterating, by the node, through the channels according to a timeslot pattern (see claim 4).
Regarding claim 19, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the method according to claim 14.
U.S. Patent No: 11,770,846 B2 further teaches the method according to claim 14, further comprising operating the access point in a beacon transmit mode, wherein the access point transmits wireless beacon data to the node and in a listening mode, wherein the access point relays data received from the node to the central communication unit (see claim 5).
Regarding claim 20, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the method according to claim 19.
U.S. Patent No: 11,770,846 B2 further teaches the method according to claim 19, wherein the node and the access point are synchronized by a common clock signal (see claim 6).
Regarding claim 21, U.S. Patent No: 11,770,846 B2 teaches a communication node operating in a wireless communication network, the network comprising the node, a central communication unit and at least one access point (see claim 7, preamble), the node being configured to: receiving a wireless signal from the access point; determining channel quality information based on the received wireless signal (see claim 7, limitation 3);
determining channel quality information based on the received wireless signal (see claim 7, limitation 4);
determining an order of active channels ranked according to the determined channel quality (see claim 7, limitation 5); and
selecting an active channel for transmitting wireless signals in accordance with the determined order (see claim 7, limitation 6), and
transmitting, by the node, wireless signals on the selected, active channel (see claim 7, limitation 7).
U.S. Patent No: 11,770,846 B2 is silent in teaching the above communication node comprising wherein the channel quality information comprises energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals.
However, Heidari et al. teach a communication node (see Abstract & Fig.1, client station/node and para [0009]) comprising wherein the channel quality information comprises energy measurements on all channels (see Fig.7 and para [0044] wherein the AP maintaining a lookup table 71 or other type of data structure that lists all the channels in the applicable frequency band and an associated quality measure and quality rank for each channel and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned and also see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned, all of which clearly includes and is equivalent to “wherein the channel quality information comprises energy measurements on all channels”) and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals (see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned and also see Fig.9 & at step 907 the lookup table (that includes the energy measurements on all channels) being advertised/transmitted to one or more other stations on the network, is mentioned).
Therefore, it would have been obvious for one of ordinary skill in the art at the time of the invention to modify the above communication node of U.S. Patent No: 11,770,846 B2 to have the channel quality information comprising energy measurements on all channels and wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals, disclosed by Heidari et al. in order to provide an effective mechanism of a wireless station for efficiently selecting the best channel of a wireless network for data communication at any given time and also selecting channel scanning dynamically during operation and thereby optimizing one or more performance characteristics of channel selection in a multiple-input multiple-output (MIMO) communication system.
Regarding claim 22, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the node according to claim 21.
U.S. Patent No: 11,770,846 B2 further teaches the node according to claim 21, wherein the wireless communication network is a beacon enabled carrier sense multiple access based network (see claim 8).
Regarding claim 23, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the node according to claim 22.
U.S. Patent No: 11,770,846 B2 further teaches the node according to claim 22, wherein the transmitting, by the node, of the wireless signals on the selected, active channel, includes transmitting a message using carrier sense multiple access/collision avoidance (see claim 9).
Regarding claim 24, U.S. Patent No:11,770,846 B2 and Heidari et al. together teach the node according to claim 21.
U.S. Patent No: 11,770,846 B2 further teaches the node according to claim 21, further configured to lock on beacon timing information provided by a receipt of beacon data from the access point (see claim 7, last limitation i.e. limitation 10).
Regarding claim 25, U.S. Patent No:11,770,846 B2 and Heidari et al. together teach the node according to claim 24.
U.S. Patent No: 11,770,846 B2 further teaches the node according to claim 24, further configured to iterate through the channels according to a timeslot pattern (see claim 10).
Regarding claim 26, U.S. Patent No:11,770,846 B2 and Heidari et al. together teach the node according to claim 21.
U.S. Patent No: 11,770,846 B2 further teaches the node according to claim 21, wherein the access point is configured to operate in a beacon transmit node where the access point transmits wireless beacon data to the node, and the access point is configured to operate in a listening mode where the access point relays data received from the node to the central communication unit (see claim 11).
Regarding claim 27, U.S. Patent No: 11,770,846 B2 and Heidari et al. together teach the node according to claim 26.
U.S. Patent No: 11,770,846 B2 further teaches the node according to claim 26, wherein the node and the access point are synchronized by a common clock signal (see claim 12).
Regarding claim 28, U.S. Patent No: 11,770,846 B2 further teaches a wireless communication system, comprising a central communication unit, at least one access point, and at least one communication node as set forth in claim 14 (see claim 13).
Regarding claim 29, U.S. Patent No: 11,770,846 B2 further teaches a storage system (see claim 14, preamble), comprising: a three-dimensional storage grid structure containing a plurality of bins stacked in vertical stacks (see claim 14, limitation 1), supporting rails on the grid structure (see claim 14, limitation 2) and a plurality of vehicles, arranged to move along the rails on the grid structure, each vehicle being configured to communicate with a central communication unit via at least one access point, each vehicle comprising a communication node as set forth in claim 21 (see claim 14, limitation 3).
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.
4. 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.
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 14-16, 19, 21-23, 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Heidari et al. (US Pub. No: 2011/0096739 A1) in view of Mack et al. (US Pub. No: 2014/0086081 A1).
Regarding claim 14, Heidari et al. teach an operating method of a communication node in a wireless communication network (see Abstract & Fig.1, client station/node and para [0009]), wherein the node communicates at least one access point (see Fig.1, AP/access point and para [0028]), the operating method comprising: receiving, at the node, a wireless signal from the access point (see Fig.1 & Fig.9, step 901 and para [0046] wherein the channel scanning process 804 being performed in a single device, such as a client station in wireless communication network, is mentioned & also at step 901 the process selecting a channel to be scanned, is mentioned);
determining by the node, channel quality information based on the received wireless signal (see Fig.9, step 904 and para [0047] wherein the process in the station/node computing a quality measure for the channel at step 904 based on the one or more parameters, is mentioned and also see para [0044]), wherein the channel quality information comprises energy measurements on all channels (see Fig.7 and para [0044] wherein the AP maintaining a lookup table 71 or other type of data structure that lists all the channels in the applicable frequency band and an associated quality measure and quality rank for each channel and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned and also see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned, all of which clearly includes and is equivalent to “wherein the channel quality information comprises energy measurements on all channels”);
determining, by the node, an order of active channels ranked according to the determined channel quality (see Fig.9, step 905 and para [0047] wherein the process in the station/node computing a rank of the scanned channel relative to the other accessible channels in the relevant frequency band, is mentioned); and
selecting, by the node, an active channel for transmitting wireless signals in accordance with the determined order (see Fig.9, steps 909-911 and para [0047] wherein the process in the station/node determining if the current operational channel is the best channel (i.e., based on the channel's quality measure and/or rank) (steps 908 and 909) and if not, then a new channel being selected (the best channel, based on the channels' quality measures and ranks), is mentioned), and
transmitting by the node, wireless signals on the selected, active channel (see Fig.9, step 911 and para [0047] wherein data communication being switched to that channel, is mentioned), wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals (see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned and also see Fig.9 & at step 907 the lookup table (that includes the energy measurements on all channels) being advertised/transmitted to one or more other stations on the network, is mentioned).
Heidari et al. teach the above operating method of the communication node, wherein the node communicates with at least one access point as mentioned above, but Heidari et al. is silent in teaching the above operating method of the communication node, wherein the node communicates with a central communication unit via at least one access point.
However, Mack et al. teach an operating method of a communication node (see Abstract), wherein the communication node communicates with a central communication unit via at least one access point (see Fig.2, DSM client/communication node communicates with CMF 240/central communication unit of DSM engine device 200 via at least one access point/AP 260, is mentioned and also see paragraphs [0086] & [0087] wherein the DSM engine 200 including a channel management function/unit (CMF) 240/central communication unit, one or more APs such as AP 260, and a database such as channel quality database 250, is mentioned).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above operating method of the communication node of Heidari et al. to have the communication node communicating with a central communication unit via at least one access point, disclosed by Mack et al. in order to provide an effective mechanism for both efficiently performing channel quality measurements, selecting channels for carrier aggregation and allocating transmit power for carrier aggregation in a Dynamic Spectrum Management (DSM) system of wireless communication networking system.
Regarding claim 15, Heidari et al. and Mack et al. together teach the method according to claim 14.
Mack et al. further teach the method according to claim 14, wherein the wireless communication network is a beacon enabled carrier sense multiple access based network (see Fig.2 and para [0079] wherein the AP 180 transmitting a beacon on a fixed channel, usually the primary channel using the IEEE 802.11 infrastructure mode of operation/Carrier Sense Multiple Access with Collision Avoidance (CSMA/CA), which is also used by the STAs to establish a connection with the AP 180, is mentioned) (and the same motivation is maintained as in claim 14).
Regarding claim 16, Heidari et al. and Mack et al. together teach the method according to claim 15.
Mack et al. further teach the method according to claim 15, wherein the transmitting, by the node, of the wireless signals on the selected, active channel, includes transmitting a message using carrier sense multiple access/collision avoidance (see paragraphs [0079] & [0093]).
Regarding claim 19, Heidari et al. and Mack et al. together teach the method according to claim 14.
Heidari et al. further teach the method according to claim 14, further comprising operating the access point in a beacon transmit mode (see para [0044] wherein an AP maintaining a lookup table 71 or other type of data structure that lists the channels in the applicable frequency band and an associated quality measure and/or quality rank for each channel, is mentioned and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned), wherein the access point transmits wireless beacon data to the node (see para [0044] wherein the AP transmitting the contents of this data structure to other stations/node on the network, via beacon messages, is mentioned).
Mack et al. further teach the according to claim 14, further comprising in a listening mode, wherein the access point relays data received from the node to the central communication unit (see para [0136] wherein a DSM client/node far away from the AP may hear the beacon on the primary channel and may send an association request at max power allowed for that DSM client/node, is mentioned, also a metric-like RSSI of signal being used to measure the strength of the received signal from the DSM client, is mentioned and also see para [0137] wherein the AP may send the metric/signal to the CMF/central communication unit, is mentioned) (and the same motivation is maintained as in claim 14).
Regarding claim 21, Heidari et al. teach a communication node operating in a wireless communication network (see Abstract & Fig.1, client station/node and para [0009]), the network comprising the node and at least one access point (see Fig.1 for network, AP/access point along with client station/communication node and see para [0028]), the node being configured to:
receiving a wireless signal from the access point (see Fig.1 & Fig.9, step 901 and para [0046] wherein the channel scanning process 804 being performed in a single device, such as a client station in wireless communication network, is mentioned & also at step 901 the process selecting a channel to be scanned, is mentioned);
determining channel quality information based on the received wireless signal (see Fig.9, step 904 and para [0047] wherein the process in the station/node computing a quality measure for the channel at step 904 based on the one or more parameters, is mentioned and also see para [0044]), wherein the channel quality information comprises energy measurements on all channels (see Fig.7 and para [0044] wherein the AP maintaining a lookup table 71 or other type of data structure that lists all the channels in the applicable frequency band and an associated quality measure and quality rank for each channel and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned and also see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned, all of which clearly includes and is equivalent to “wherein the channel quality information comprises energy measurements on all channels”);
determining an order of active channels ranked according to the determined channel quality (see Fig.9, step 905 and para [0047] wherein the process in the station/node computing a rank of the scanned channel relative to the other accessible channels in the relevant frequency band, is mentioned); and
selecting an active channel for transmitting wireless signals in accordance with the determined order (see Fig.9, steps 909-911 and para [0047] wherein the process in the station/node determining if the current operational channel is the best channel (i.e., based on the channel's quality measure and/or rank) (steps 908 and 909) and if not, then a new channel being selected (the best channel, based on the channels' quality measures and ranks), is mentioned), and
transmitting, by the node, wireless signals on the selected, active channel (see Fig.9, step 911 and para [0047] wherein data communication being switched to that channel, is mentioned), wherein the energy measurements on all channels are enumerated and appended to frames of the transmitted wireless signals (see para [0047] wherein the station/node computing a quality measure for channel at step 904 based on these more parameters that include strength of overlapping BSSs, interference level, etc.& updating lookup table (or other suitable data structure) in at least one station on the network, based on the results of steps 904 and/or 905 and, each entry in the lookup table including the channel's quality measure, quality rank, or both, in association with an identifier of the channel, as illustrated in FIG. 7, is mentioned and also see Fig.9 & at step 907 the lookup table (that includes the energy measurements on all channels) being advertised/transmitted to one or more other stations on the network, is mentioned).
Heidari et al. teach the above communication node operating in a wireless communication network, the network comprising the communication node and at least one access point as mentioned above, but Heidari et al. is silent in teaching the above communication node operating in a wireless communication network, the network comprising the node, a central communication unit and at least one access point.
However, Mack et al. teach a communication node operating in a wireless communication network (see Abstract and Fig.2, DSM client/communication node), the network comprising the node, a central communication unit and at least one access point (see Fig.2, DSM client/node communicates with CMF 240/central communication unit of DSM engine device 200 via at least one access point/AP 260, is mentioned and also see paragraphs [0086] & [0087] wherein the DSM engine 200 including a channel management function/unit (CMF) 240/central communication unit, one or more APs such as AP 260, and a database such as channel quality database 250, is mentioned).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above communication node operating in the wireless communication network of Heidari et al. to have the network comprising the node, a central communication unit and at least one access point, disclosed by Mack et al. in order to provide an effective mechanism for both efficiently performing channel quality measurements, selecting channels for carrier aggregation and allocating transmit power for carrier aggregation in a Dynamic Spectrum Management (DSM) system of wireless communication networking system.
Regarding claim 22, Heidari et al. and Mack et al. together teach the node according to claim 21.
Mack et al. further teach the node according to claim 21, wherein the wireless communication network is a beacon enabled carrier sense multiple access based network (see Fig.2 and para [0079] wherein the AP 180 transmitting a beacon on a fixed channel, usually the primary channel using the IEEE 802.11 infrastructure mode of operation/Carrier Sense Multiple Access with Collision Avoidance (CSMA/CA), which is also used by the STAs to establish a connection with the AP 180, is mentioned) (and the same motivation is maintained as in claim 21).
Regarding claim 23, Heidari et al. and Mack et al. together teach the node according to claim 22.
Mack et al. further teach the node according to claim 22, wherein the transmitting, by the node, of the wireless signals on the selected, active channel, includes transmitting a message using carrier sense multiple access/collision avoidance (see paragraphs [0079] & [0093]).
Regarding claim 26, Heidari et al. and Mack et al. together teach the node according to claim 21.
Heidari et al. further teach the node according to claim 21, wherein the access point is configured to operate in a beacon transmit node (see para [0044] wherein an AP maintaining a lookup table 71 or other type of data structure that lists the channels in the applicable frequency band and an associated quality measure and/or quality rank for each channel, is mentioned and the contents of this data structure being transmitted to other stations on the network, via beacon messages, is mentioned), where the access point transmits wireless beacon data to the node (see para [0044] wherein the AP transmitting the contents of this data structure to other stations/node on the network, via beacon messages, is mentioned).
Mack et al. further teach the node according to claim 21, wherein the access point is configured to operate in a listening mode, where the access point relays data received from the node to the central communication unit (see para [0136] wherein a DSM client/node far away from the AP may hear the beacon on the primary channel and may send an association request at max power allowed for that DSM client/node, is mentioned, also a metric-like RSSI of signal being used to measure the strength of the received signal from the DSM client, is mentioned and also see para [0137] wherein the AP may send the metric/signal to the CMF/central communication unit, is mentioned) (and the same motivation is maintained as in claim 21).
Regarding claim 28, Heidari et al. teach a wireless communication system (see Fig.1 and para [0027]), comprising a central communication unit, at least one access point, and at least one communication node as set forth in claim 14 (please see the above 103 rejection of claim 14 of Heidari et al. and Mack et al. together).
7. Claims 17, 18, 20, 24, 25 19 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Heidari et al. (US Pub. No: 2011/0096739 A1) in view of Mack et al. (US Pub. No: 2014/0086081 A1) and further in view of Sampath et al. (US Pub. No: 2016/0192301 A1).
Regarding claims 17 and 24, Heidari et al. and Mack et al. together teach the method/node according to claims 14/21, respectively.
Heidari et al. and Mack et al. together yet are silent in teaching the method/node according to claims 14/21, further comprising/further configured to locking/lock, by the node, on beacon timing information provided by a receipt of beacon data from the access point.
However, Sampath et al. teach an operating method/communication node (see Abstract and Fig.1), comprising locking, by the node, on beacon timing information provided by the receipt of beacon data from the access point (see para [0042] wherein the AP 104 transmitting a beacon message, via a communication link such as the downlink 108, to other nodes STAs 106 of the system 100, which help the other nodes STAs 106/communication node to synchronize their timing (i.e. locking) with the AP 104, is mentioned and also the beacon message including, but is not limited to, such information as timestamp information to set a common clock, is mentioned).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above operating method/communication node of Heidari et al. and Mack et al. to include locking, by the node, on beacon timing information provided by the receipt of beacon data from the access point, disclosed by Sampath et al. in order to provide an effective mechanism for wireless devices to efficiently receive communications by transmitting and receiving specialized beacon messages and also for communicating device information between electronic devices in packets having a plurality of different formats in wireless communication system.
Regarding claims 18 and 25, Heidari et al., Mack et al. and Sampath et al. all together teach the operating method/communication node according to claims 17/24 respectively.
Heidari et al. further teach the operating method/communication node according to claims 17/24, further comprising iterating, by the node, through the channels according to a timeslot pattern (see paragraphs [0044] and [0045]).
Regarding claims 20 and 27, Heidari et al. and Mack et al. together teach the method/node according to claims 19/26, respectively.
Heidari et al. and Mack et al. together yet are silent in teaching the method/node according to claims 19/26, wherein the node and the access point are synchronized by a common clock signal.
However, Sampath et al. teach an operating method/communication node (see Abstract and Fig.1), wherein the node and the access point are synchronized by a common clock signal (see para [0042] wherein the AP 104 transmitting a beacon message, via a communication link such as the downlink 108, to other nodes STAs 106 of the system 100, which help the other nodes STAs 106/communication node to synchronize their timing (i.e. locking) with the AP 104, is mentioned and also the beacon message including, but is not limited to, such information as timestamp information to set a common clock, is mentioned).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above operating method/communication node of Heidari et al. and Mack et al. to have the node and the access point being synchronized by a common clock signal, disclosed by Sampath et al. in order to provide an effective mechanism for wireless devices to efficiently receive communications by transmitting and receiving specialized beacon messages and also for communicating device information between electronic devices in packets having a plurality of different formats in wireless communication system.
8. Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Heidari et al. (US Pub. No: 2011/0096739 A1) in view of Mack et al. (US Pub. No: 2014/0086081 A1) and further in view of GRAVELLE et al. (US Pub. No: 2018/0148259 A1).
Regarding claim 29, Heidari et al. teach a storage system (see Abstract and Fig.1), comprising: a plurality of vehicles (see Fig.1, client stations 2 & 3 for plurality of vehicles and para[0029] wherein client station 2, 3 in this context being mobile station, which has the ability to communicate on the wireless network while in motion, is mentioned), each vehicle being configured to communicate with a central communication unit via at least one access point, each vehicle comprising a communication node as set forth in claim 21 (see the above rejection of claim 21 of Heidari et al. and Mack et al. together).
Heidari et al. and Mack et al. together yet are silent in teaching the above
storage system comprising a three-dimensional storage grid structure containing a plurality of bins stacked in vertical stacks, supporting rails on the grid structure and a plurality of vehicles arranged to move along the rails on the grid structure.
However, GRAVELLE et al. teach a storage system (see Abstract and Figures 4 & 5), comprising a three-dimensional storage grid structure containing a plurality of bins stacked in vertical stacks (see Fig.5, and para [0044] wherein a three dimensional grid structure being shown with a plurality of bins stacked in vertical stacks, is mentioned and also see para [0027]), supporting rails on the grid structure (see Fig.5, and para [0044] wherein the crossing rails 26, 28 defining the horizontal reference grid of the storage system & where each grid row being delimited between an adjacent pair of the X-direction rails 26 and each grid column being delimited between an adjacent pair of the Y-direction rails 28, is mentioned) and a plurality of vehicles arranged to move along the rails on the grid structure (see paragraphs [0043] & [0046]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above storage system of Heidari et al. and Mack et al. to include a three-dimensional storage grid structure containing a plurality of bins stacked in vertical stacks, supporting rails on the grid structure and a plurality of vehicles arranged to move along the rails on the grid structure, disclosed by GRAVELLE et al. in order to provide an efficient logistics and storage and retrieval systems and thereby allowing robotic retrieval vehicles directly access any storage unit via the vertical shafts in the storage system.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ji et al. (US Pub. No: 2011/0194407 A1) disclose a system and method of managing adjustment of synchronization timing for handover of a mobile relay in wireless communication system.
Das et al. (US Pub. No: 2016/0330707 A1) disclose methods and systems for clock synchronization in a network.
Gupta et al. (US Pub. No: 2015/0282032 A1) disclose mechanisms related to multiband wireless communication.
SHU et al. (US Pub. No: 2016/0309469 A1) disclose a data transmission method that meets a synchronization requirement that multiple stations use different subcarriers to concurrently send data in wireless communication system.
Yadav et al. (US Pub. No: 2017/0251426 A1) teach mechanisms for managing packet data access for communication devices in broadband communication system.
Wang et al. (US Pub. No: 2015/0201452 A1) disclose mechanisms for implementing control on a user equipment (UE) with a proximity perception capability in D2D communication system.
MAEDA et al. (US Pub. No: 2021/0014649 A1) disclose mechanisms relating to a mobile communication system in which a base station performs radio communication with a plurality of user equipments.
Qi et al. (US Pub. No: 2007/0076663 A1) disclose mechanisms for providing handoff in a spread spectrum wireless communications system.
Wang et a. (US Pub. No: 2014/0355576 A1) disclose a method for coordinating beacon transmission times for a plurality of access points (APs) in a wireless local area network.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to SRINIVASA R REDDIVALAM whose telephone number is (571)270-3524. The examiner can normally be reached on M-F 10-7 EST.
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/SRINIVASA R REDDIVALAM/Primary Examiner, Art Unit 2477
7/24/2026
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