DETAILED ACTION
This Office Action is in response to the Application filed on 22 October 2024.
Claims 1-28 are presented for examination.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 23 October 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 23 October 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-28 are objected to because of the following informalities:
Claim 1, line 4 recites the pronoun “that”. For clarity and consistency, it is suggested to amend to remove the pronoun “that”. Please apply to claim 8, 15 and 22 as well.
Appropriate correction is required.
Dependent claims 2-7, 9-14, 16-21 and 23-28 are also objected to since they are dependent upon the objected claims set forth above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6-11, 13-18, 20-25 and 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US 2018/0014327 A1), hereinafter Park, in view of Hiddink et al (US 2005/0086569 A1), hereinafter Hiddink.
Regarding Claim 1, Park discloses a method comprising:
determining, by a network device (see paragraph 297; by a network device/AP STA), a first communication rate associated with a user device (see paragraph 297; a first communication rate/(non-HT reference rate of the previous frame) associated with a user device/non-AP STA);
determining that a second communication rate of the network device is different than the first communication rate (see paragraph 297; determining that a second communication rate/(the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) of the network device/(AP STA) is different/(highest rate that is less than or equal to the reference rate) than the first communication rate/non-HT reference rate of the previous frame); and
sending (see paragraph 120; sending/the AP may transmits a block acknowledgement (BA) frame for acknowledging the plurality of HE TB PPDUs to the plurality of STAs), from the network device to the user device (see paragraph 297; from the network device/(AP STA) to the user device/non-AP STA) and based on determining to communicate with the user device at the first communication rate (see paragraph 297; and based on determining to communicate/transmit with the user device/(non-AP STA) at the first communication rate/non-HT reference rate of the previous frame), a communication at a data communication rate/ associated with the first communication rate (see paragraph 297; a communication/(the blockAck frame carried in a non-HT PPDU sent as an immediate response to a HE PPDU) at a data communication rate/(The STA shall transmit the non-HT PPDU BlockAck frame at either the primary rate or the alternate rate) associated with the first communication rate/non-HT reference rate of the previous frame).
Although Park discloses a first communication rate associated with a user device as set forth above,
Park does not explicitly disclose “determining, by a network device,” a first communication rate associated with a user device.
However, Hiddink discloses a method (see paragraph 6; a method/a method) comprising:
determining, by a network device (see Figures 1 and 5 and paragraph 27; by a device/station 110), a first communication rate associated with a user device (see Figures 1 and 5 and paragraph 27; a first communication rate/(SupportedRates) associated with/with a user device/the station that the station 110 intends to communicate with);
sending (see paragraph 4; sending/retransmit), from the network device/(Access Point 120) to the user device and based on determining to communicate with the user device at the first communication rate (see Figures 1 and 5 and paragraphs 26-27; to the user device/(first station 110) and based on determining to communicate/communicate with/with the user device/(first station 110) at the first communication rate/1st attempt in Table 500), a communication at a data communication rate associated with the first communication rate (see Figures 1 and 5 and paragraphs 26-27; a communication at a data communication rate/(rate for each attempt of Table 500) associated with the first communication rate/SupportedRates).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “determining, by a network device,” a first communication rate associated with a user device as taught by Hiddink in the system of Park to provide techniques for retransmitting data in such wireless communication systems (see page 1, paragraph 1 of Hiddink).
Regarding Claim 2, Park discloses the method, further comprising determining, based on the first communication rate (see paragraph 297; determining, based on the first communication rate/non-HT reference rate of the previous frame), to communicate with the user device at the first communication rate associated with the user device (see paragraph 297; to communicate with the user device/(non-AP STA) at the first communication rate/(non-HT reference rate of the previous frame) associated with the user device/non-AP STA).
Regarding Claim 3, Park discloses the method, further comprising determining the user device wants to communicate with the network device at the first communication rate (see paragraph 296; further comprising determining the user device/(non-AP STA) wants to communicate/transmit with the network device/(AP STA) at the first communication rate/non-HT reference rate of the previous frame).
Regarding Claim 4, Park discloses the method, wherein the first communication rate is slower than the second communication rate (see paragraphs 296-297; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) and wherein the first communication rate comprises a maximum communication rate for initiating a communication session with the user device (see paragraphs 50 and 296-297; and wherein the first communication rate/(non-HT reference rate of the previous frame) comprises a maximum communication rate/(non-HT reference rate of the previous frame; the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter) for initiating a communication session/( The NAV maintains a prediction of future traffic on the medium based on duration information that is announced in Request-to-Send (RTS)/Clear-to-Send (CTS) frames prior to the actual exchange of data) with the user device/non-AP STA).
Regarding Claim 6, Park discloses the method, wherein the communication comprises a response to a request from the user device to initiate a communication session (see paragraph 297; wherein the communication comprises a response/(clear to send (CTS) response frame) to a request/(request to send (RTS)) from the user device/(non-AP STA) to initiate a communication session/exchange of data).
Regarding Claim 7, Park discloses the method, wherein determining the first communication rate comprises receiving (see paragraphs 50 and 297; wherein determining/calculating the first communication rate/(non-HT reference rate of the previous frame) comprises receiving/sent), from the user device (see paragraph 297; from the user device/non-AP STA), a request to initiate a communication session (see paragraphs 50 and 297; a request/(request to send (RTS)) to initiate a communication session/exchange data), wherein the request indicates the first communication rate (see paragraphs 50 and 297; wherein the request/(request to send (RTS)) indicates the first communication rate/exchange data).
Regarding Claim 8, Park discloses one or more non-transitory computer-readable media storing processor-executable instructions that (see Figure 30 and paragraphs 309-310; one or more non-transitory computer-readable media/(storage media) storing/stored processor-executable/executed instructions/instructions that), when executed by at least one processor (see Figure 30 and paragraph 309; when executed/executed by at least one processor/processor 21), cause the at least one processor to:
determine a first communication rate associated with a user device (see paragraph 297; determine a first communication rate/(non-HT reference rate of the previous frame) associated with a user device/non-AP STA);
determine that a second communication rate of the network device is different than the first communication rate (see paragraph 297; determine that a second communication rate/(the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) of the network device/(AP STA) is different/(highest rate that is less than or equal to the reference rate) than the first communication rate/non-HT reference rate of the previous frame); and
send (see paragraph 120; send/the AP may transmits a block acknowledgement (BA) frame for acknowledging the plurality of HE TB PPDUs to the plurality of STAs), to the user device (see paragraph 297; to the user device/non-AP STA) and based on determining to communicate with the user device at the first communication rate (see paragraph 297; and based on determining to communicate/transmit with the user device/(non-AP STA) at the first communication rate/non-HT reference rate of the previous frame), a communication at a data communication rate associated with the first communication rate (see paragraph 297; a communication/(the blockAck frame carried in a non-HT PPDU sent as an immediate response to a HE PPDU) at a data communication rate/(The STA shall transmit the non-HT PPDU BlockAck frame at either the primary rate or the alternate rate) associated with the first communication rate/non-HT reference rate of the previous frame).
Although Park discloses a first communication rate associated with a user device as set forth above,
Hiddink does not explicitly disclose “determine” a first communication rate associated with a user device.
However, Hiddink discloses one or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor, cause the at least one processor to:
determine a first communication rate associated with a user device (see Figures 1 and 5 and paragraph 27; determine a first communication rate/(SupportedRates) associated with/with a user device/the station that the station 110 intends to communicate with);
send (see paragraph 4; send/retransmit), to the user device and based on determining to communicate with the user device at the first communication rate (see Figures 1 and 5 and paragraphs 26-27; to the user device/(first station 110) and based on determining to communicate/communicate with/with the user device/(first station 110) at the first communication rate/1st attempt in Table 500), a communication at a data communication rate associated with the first communication rate (see Figures 1 and 5 and paragraphs 26-27; a communication at a data communication rate/(rate for each attempt of Table 500) associated with the first communication rate/SupportedRates).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “determine” a first communication rate associated with a user device as taught by Hiddink in the system of Park to provide techniques for retransmitting data in such wireless communication systems (see page 1, paragraph 1 of Hiddink).
Regarding Claim 9, Park discloses the one or more non-transitory computer-readable media (see Figure 30 and paragraphs 309-310; the one or more non-transitory computer-readable media/storage media), wherein the processor-executable instructions (see Figure 30 and paragraphs 309-310; wherein the processor-executable/executed instructions/instructions that), when executed by the at least one processor (see Figure 30 and paragraph 309; when executed/executed by at least one processor/processor 21), further cause the at least one processor to determine (see Figure 30 and paragraph 309; further cause at least one processor/(processor 21) to determine), based on the first communication rate (see paragraph 297; based on the first communication rate/non-HT reference rate of the previous frame), to communicate with the user device at the first communication rate associated with the user device (see paragraph 297; to communicate with the user device/(non-AP STA) at the first communication rate/(non-HT reference rate of the previous frame) associated with the user device/non-AP STA).
Regarding Claim 10, Park discloses the one or more non-transitory computer-readable media (see Figure 30 and paragraphs 309-310; the one or more non-transitory computer-readable media/storage media), wherein the processor-executable instructions (see Figure 30 and paragraphs 309-310; wherein the processor-executable/executed instructions/instructions that), when executed by the at least one processor (see Figure 30 and paragraph 309; when executed/executed by at least one processor/processor 21), further cause the at least one processor (see Figure 30 and paragraph 309; further cause at least one processor/processor 21) to determine the user device wants to communicate with the network device at the first communication rate (see paragraph 296; to determine the user device/(non-AP STA) wants to communicate/transmit with the network device/(AP STA) at the first communication rate/non-HT reference rate of the previous frame).
Regarding Claim 11, Park discloses the one or more non-transitory computer-readable media (see Figure 30 and paragraphs 309-310; the one or more non-transitory computer-readable media/storage media), wherein the first communication rate is slower than the second communication rate (see paragraphs 296-297; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) and wherein the first communication rate comprises a maximum communication rate for initiating a communication session with the user device (see paragraphs 50 and 296-297; and wherein the first communication rate/(non-HT reference rate of the previous frame) comprises a maximum communication rate/(non-HT reference rate of the previous frame; the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter) for initiating a communication session/( The NAV maintains a prediction of future traffic on the medium based on duration information that is announced in Request-to-Send (RTS)/Clear-to-Send (CTS) frames prior to the actual exchange of data) with the user device/non-AP STA).
Regarding Claim 13, Park discloses the one or more non-transitory computer-readable media (see Figure 30 and paragraphs 309-310; the one or more non-transitory computer-readable media/storage media), wherein the communication comprises a response to a request from the user device to initiate a communication session (see paragraph 297; wherein the communication comprises a response/(clear to send (CTS) response frame) to a request/(request to send (RTS)) from the user device/(non-AP STA) to initiate a communication session/exchange of data).
Regarding Claim 14, Park discloses the one or more non-transitory computer-readable media (see Figure 30 and paragraphs 309-310; the one or more non-transitory computer-readable media/storage media), wherein the processor-executable instructions that (see Figure 30 and paragraphs 309-310; wherein the processor-executable/executed instructions/instructions that), when executed by the at least one processor (see Figure 30 and paragraph 309; when executed/executed by at least one processor/processor 21), cause the at least one processor (see Figure 30 and paragraph 309; cause the at least one processor/processor 21) to determine the first communication rate (see paragraphs 50 and 297; to determine the first communication rate/(non-HT reference rate of the previous frame) comprises receiving/sent), cause the at least one processor to receive (see Figure 30 and paragraph 309; cause the at least one processor/(processor 21) to receive/receive), from the user device (see paragraph 297; from the user device/non-AP STA), a request to initiate a communication session (see paragraphs 50 and 297; a request/(request to send (RTS)) to initiate a communication session/exchange data), wherein the request indicates the first communication rate (see paragraphs 50 and 297; wherein the request/(request to send (RTS)) indicates the first communication rate/exchange data).
Regarding Claim 15, Park discloses an apparatus (see Figure 30 and paragraphs 308-309; an apparatus/device as shown in Figure 30) comprising:
one or more processors (see Figure 30 and paragraph 309; one or more processors/processor 21); and
memory storing processor-executable instructions that (see Figure 30 and paragraphs 309-310; memory/(memory 22) storing/stored processor-executable/executed instructions/instructions that), when executed by the one or more processors (see Figure 30 and paragraph 309; when executed/executed by the one or more processors/processor 21), cause the apparatus to:
determine a first communication rate associated with a user device (see paragraph 297; determine a first communication rate/(non-HT reference rate of the previous frame) associated with a user device/non-AP STA);
determine that a second communication rate of the network device is different than the first communication rate (see paragraph 297; determine that a second communication rate/(the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) of the network device/(AP STA) is different/(highest rate that is less than or equal to the reference rate) than the first communication rate/non-HT reference rate of the previous frame); and
send (see paragraph 120; send/the AP may transmits a block acknowledgement (BA) frame for acknowledging the plurality of HE TB PPDUs to the plurality of STAs), to the user device (see paragraph 297; to the user device/non-AP STA) and based on determining to communicate with the user device at the first communication rate (see paragraph 297; and based on determining to communicate/transmit with the user device/(non-AP STA) at the first communication rate/non-HT reference rate of the previous frame), a communication at a data communication rate associated with the first communication rate (see paragraph 297; a communication/(the blockAck frame carried in a non-HT PPDU sent as an immediate response to a HE PPDU) at a data communication rate/(The STA shall transmit the non-HT PPDU BlockAck frame at either the primary rate or the alternate rate) associated with the first communication rate/non-HT reference rate of the previous frame).
Regarding Claim 16, Park discloses the apparatus (see Figure 30 and paragraphs 308-309; the apparatus/device as shown in Figure 30), wherein the processor-executable instructions (see Figure 30 and paragraphs 309-310; wherein the processor-executable/executed instructions/instructions that), when executed by the one or more processors (see Figure 30 and paragraph 309; when executed/executed by the one or more processors/processor 21), further cause the apparatus to determine (see Figure 30 and paragraph 309; further cause the apparatus/(device as shown in Figure 30) to determine), based on the first communication rate (see paragraph 297; based on the first communication rate/non-HT reference rate of the previous frame), to communicate with the user device at the first communication rate associated with the user device (see paragraph 297; to communicate with the user device/(non-AP STA) at the first communication rate/(non-HT reference rate of the previous frame) associated with the user device/non-AP STA).
Regarding Claim 17, Park discloses the apparatus (see Figure 30 and paragraphs 308-309; the apparatus/device as shown in Figure 30), wherein the processor-executable instructions (see Figure 30 and paragraphs 309-310; wherein the processor-executable/executed instructions/instructions that), when executed by the one or more processors (see Figure 30 and paragraph 309; when executed/executed by at least one processor/processor 21), further cause the apparatus (see Figure 30 and paragraphs 308-309; further cause the apparatus/device as shown in Figure 30) to determine the user device wants to communicate with the network device at the first communication rate (see paragraph 296; to determine the user device/(non-AP STA) wants to communicate/transmit with the network device/(AP STA) at the first communication rate/non-HT reference rate of the previous frame).
Regarding Claim 18, Park discloses the apparatus (see Figure 30 and paragraphs 308-309; the apparatus/device as shown in Figure 30), wherein the first communication rate is slower than the second communication rate (see paragraphs 296-297; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) and wherein the first communication rate comprises a maximum communication rate for initiating a communication session with the user device (see paragraphs 50 and 296-297; and wherein the first communication rate/(non-HT reference rate of the previous frame) comprises a maximum communication rate/(non-HT reference rate of the previous frame; the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter) for initiating a communication session/( The NAV maintains a prediction of future traffic on the medium based on duration information that is announced in Request-to-Send (RTS)/Clear-to-Send (CTS) frames prior to the actual exchange of data) with the user device/non-AP STA).
Regarding Claim 20, Park discloses the apparatus (see Figure 30 and paragraphs 308-309; the apparatus/device as shown in Figure 30), wherein the communication comprises a response to a request from the user device to initiate a communication session (see paragraph 297; wherein the communication comprises a response/(clear to send (CTS) response frame) to a request/(request to send (RTS)) from the user device/(non-AP STA) to initiate a communication session/exchange of data).
Regarding Claim 21, Park discloses the apparatus (see Figure 30 and paragraphs 308-309; the apparatus/device as shown in Figure 30), wherein the processor-executable instructions (see Figure 30 and paragraphs 309-310; wherein the processor-executable/executed instructions/instructions), when executed by the one or more processors (see Figure 30 and paragraph 309; when executed/executed by the one or more processors/processor 21), cause the apparatus to determine the first communication rate (see paragraphs 50 and 297; cause the apparatus to determine the first communication rate/(non-HT reference rate of the previous frame) comprises receiving/sent), cause the apparatus to receive (see Figure 30 and paragraph 309; cause the apparatus/(device as shown in Figure 30) to receive/receive), from the user device (see paragraph 297; from the user device/non-AP STA), a request to initiate a communication session (see paragraphs 50 and 297; a request/(request to send (RTS)) to initiate a communication session/exchange data), wherein the request indicates the first communication rate (see paragraphs 50 and 297; wherein the request/(request to send (RTS)) indicates the first communication rate/exchange data).
Regarding Claim 22, Park discloses a system (see paragraph 2; a system/wireless communication system) comprising:
a network device (see Figure 30 and paragraphs 308-309; a network device/device as shown in Figure 30) configured to:
determine a first communication rate associated with a user device (see paragraph 297; determine a first communication rate associated with a user device (see paragraph 297; a first communication rate/(non-HT reference rate of the previous frame) associated with a user device/non-AP STA);
determine that a second communication rate of the network device is different than the first communication rate (see paragraph 297; determine that a second communication rate/(the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) of the network device/(AP STA) is different/(highest rate that is less than or equal to the reference rate) than the first communication rate/non-HT reference rate of the previous frame); and
send (see paragraph 120; send/the AP may transmits a block acknowledgement (BA) frame for acknowledging the plurality of HE TB PPDUs to the plurality of STAs), to the user device (see paragraph 297; to the user device/non-AP STA) and based on determining to communicate with the user device at the first communication rate (see paragraph 297; and based on determining to communicate/transmit with the user device/(non-AP STA) at the first communication rate/non-HT reference rate of the previous frame), a communication at a data communication rate associated with the first communication rate (see paragraph 297; a communication/(the blockAck frame carried in a non-HT PPDU sent as an immediate response to a HE PPDU) at a data communication rate/(The STA shall transmit the non-HT PPDU BlockAck frame at either the primary rate or the alternate rate) associated with the first communication rate/non-HT reference rate of the previous frame); and
a user device configured to:
receive the communication (see paragraph 297; receive/receive the communication/(the blockAck frame carried in a non-HT PPDU sent as an immediate response to a HE PPDU).
Regarding Claim 23, Park discloses the system, wherein the network device is further configured to determine (see paragraph 297; wherein the network device/(AP STA) is further configured to determine/calculate), based on the first communication rate (see paragraph 297; determining, based on the first communication rate/non-HT reference rate of the previous frame), to communicate with the user device at the first communication rate associated with the user device (see paragraph 297; to communicate with the user device/(non-AP STA) at the first communication rate/(non-HT reference rate of the previous frame) associated with the user device/non-AP STA).
Regarding Claim 24, Park discloses the system, wherein the network device is further configured to determine the user device wants to communicate with the network device at the first communication rate (see paragraph 296; wherein the network device/(AP STA) is further configured to determine the user device/(non-AP STA) wants to communicate/transmit with the network device/(AP STA) at the first communication rate/non-HT reference rate of the previous frame).
Regarding Claim 25, Park discloses the system, wherein the first communication rate is slower than the second communication rate (see paragraphs 296-297; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate) and wherein the first communication rate comprises a maximum communication rate for initiating a communication session with the user device (see paragraphs 50 and 296-297; and wherein the first communication rate/(non-HT reference rate of the previous frame) comprises a maximum communication rate/(non-HT reference rate of the previous frame; the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter) for initiating a communication session/( The NAV maintains a prediction of future traffic on the medium based on duration information that is announced in Request-to-Send (RTS)/Clear-to-Send (CTS) frames prior to the actual exchange of data) with the user device/non-AP STA).
Regarding Claim 27, Park discloses the system, wherein the communication comprises a response to a request from the user device to initiate a communication session (see paragraph 297; wherein the communication comprises a response/(clear to send (CTS) response frame) to a request/(request to send (RTS)) from the user device/(non-AP STA) to initiate a communication session/exchange of data).
Regarding Claim 28, Park discloses the system, wherein to determine the first communication rate (see paragraphs 50 and 297; wherein to determine the first communication rate/(non-HT reference rate of the previous frame) comprises receiving/sent), the network device is configured to receive (see paragraphs 50 and 297; the network device/(AP STA) is configured to receive/sent), from the user device (see paragraph 297; from the user device/non-AP STA), a request to initiate a communication session (see paragraphs 50 and 297; a request/(request to send (RTS)) to initiate a communication session/exchange data), wherein the request indicates the first communication rate (see paragraphs 50 and 297; wherein the request/(request to send (RTS)) indicates the first communication rate/exchange data).
Claim(s) 5, 12, 19 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Hiddink, and further in view of Welch et al (US 2011/0116452 A1), hereinafter Welch.
Regarding Claim 5, Park discloses the method, wherein the first communication rate is slower than the second communication rate (see paragraph 296; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate).
Although the combination of Park and Hiddink discloses the first communication rate is slower than the second communication rate as set forth above,
The combination of Park and Hiddink does not explicitly disclose “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device”.
However, Welch discloses the method, wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device (see paragraphs 12 and 25; wherein the second communication rate/(predetermined data rate) comprises a minimum communication rate/(data rates below a predetermined data rate) for initiating a communication session with the network device/wireless access point).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device” as taught by Welch in the combined system of Park and Hiddink to improve capacity and geographic isolation (see page 1, paragraph 2 of Hiddink).
Regarding Claim 12, Park discloses the one or more non-transitory computer-readable media (see Figure 30 and paragraphs 309-310; the one or more non-transitory computer-readable media/storage media), wherein the first communication rate is slower than the second communication rate (see paragraph 296; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate).
Although the combination of Park and Hiddink discloses the first communication rate is slower than the second communication rate as set forth above,
The combination of Park and Hiddink does not explicitly disclose “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device”.
However, Welch discloses the one or more non-transitory computer-readable media, wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device (see paragraphs 12 and 25; wherein the second communication rate/(predetermined data rate) comprises a minimum communication rate/(data rates below a predetermined data rate) for initiating a communication session with the network device/wireless access point).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device” as taught by Welch in the combined system of Park and Hiddink to improve capacity and geographic isolation (see page 1, paragraph 2 of Hiddink).
Regarding Claim 19, Park discloses the apparatus, wherein the first communication rate is slower than the second communication rate (see paragraph 296; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate).
Although the combination of Park and Hiddink discloses the first communication rate is slower than the second communication rate as set forth above,
The combination of Park and Hiddink does not explicitly disclose “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device”.
However, Welch discloses the apparatus, wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device (see paragraphs 12 and 25; wherein the second communication rate/(predetermined data rate) comprises a minimum communication rate/(data rates below a predetermined data rate) for initiating a communication session with the network device/wireless access point).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device” as taught by Welch in the combined system of Park and Hiddink to improve capacity and geographic isolation (see page 1, paragraph 2 of Hiddink).
Regarding Claim 26, Park discloses the system, wherein the first communication rate is slower than the second communication rate (see paragraph 296; wherein the first communication rate/(non-HT reference rate of the previous frame) is slower/(less than or equal to the rate) than the second communication rate/the primary rate is defined to be the highest rate in the BSSBasicRateSet parameter that is less than or equal to the reference rate).
Although the combination of Park and Hiddink discloses the first communication rate is slower than the second communication rate as set forth above,
The combination of Park and Hiddink does not explicitly disclose “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device”.
However, Welch discloses the system, wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device (see paragraphs 12 and 25; wherein the second communication rate/(predetermined data rate) comprises a minimum communication rate/(data rates below a predetermined data rate) for initiating a communication session with the network device/wireless access point).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the second communication rate comprises a minimum communication rate for initiating a communication session with the network device” as taught by Welch in the combined system of Park and Hiddink to improve capacity and geographic isolation (see page 1, paragraph 2 of Hiddink).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sacades et al (US 2015/0289230 A1) discloses Diagnostic Monitoring by a Wireless Device. Specifically, see paragraphs 23-54.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATRESA A McCALLUM whose telephone number is (571)270-5385. The examiner can normally be reached M-F 7:00am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN N MOORE can be reached at 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L.A.M/ Examiner, Art Unit 2469 /Ian N Moore/Supervisory Patent Examiner, Art Unit 2469
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