DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
1. This Action is in response to application 18/935,363, filed on 11/01/2024.
2. Claims 1-20 are canceled
3. Claims 21-40 are pending.
Oath or Declaration
4. Applicant(s) oath or declaration filed on 11/01/2024 are approved by the office.
Drawings
5. The drawings and specifications filed on 11/01/2024 are approved by the office.
Double Patenting
6. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 21-40 are rejected on the ground of nonstatutory double patenting as anticipated over claims 1-20 of U. S. Patent No. 12,137,139 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent. The subject matter claimed in the instant application is fully disclosed in the patent and is anticipated by the patent since the patent and the application are claiming common subject matter.
Claim 1 of ‘139
A system comprising: a first arbiter device connected to a first network, the first arbiter device communicating with a first communication interval; a second arbiter device connected to a second network, the second arbiter device communicating with a second communication interval synchronized with the first communication interval; and a wireless network architecture that desynchronizes the first communication interval and the second communication interval.
Claim 21 of instant application
A wireless electronic device configured to: establish a first connection with a first arbiter device on a first network and configured to communicate over a first communication interval; receive a first switch arbiter request message from a second arbiter device on a second network configured to communicate over a second communication interval synchronized with the first communication interval; receive a second switch arbiter request message from the second arbiter device on the second network configured to communicate over a third communication interval desynchronized with the first communication interval; in response to receiving the second switch arbiter request message, send a first switch arbiter accept message to the second arbiter device; disconnect the first connection with the first arbiter device on the first network; and establish a second connection with the second arbiter device on the second network over the third communication interval.
Allowable Subject Matter
8. Claims 21-40 are allowed if the claims overcome the Double Patenting rejection rendered above. A detailed reasons for allowance will be provided once the application is in allowable form.
Conclusion
Relevant Prior Art Not Relied Upon
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The additional cited art, including but not limited to the excerpts below, further establishes the state of the art at the time of Applicant’s invention and shows the following was known:
This disclosure describes systems, methods, and devices related to allocating synchronized and unsynchronized time periods in multiuser multiple-input and multiple-output (MU-MIMO) communications. A device may determine a first portion and a second portion of a beacon interval. The device may determine the first portion to comprise one or more first service periods associated with one or more first devices. The device may determine the second portion to comprise one or more second service periods associated with one or more second devices. The device may cause to send one or more first frames to at least one of the first devices during the one or more first service periods. The device may cause to send one or more second frames to at least one of the second devices during the one or more second service periods. (Cariou et al. ‘055)
A method for synchronous playback by multiple smart devices, and an apparatus. A first device acquires frame synchronization information at intervals of a preset time, and sends the frame synchronization information to one or more second devices, where the frame synchronization information is frame information of a frame to be played by the first device or frame information of a frame that the first device starts to play currently; and after learning the frame synchronization information sent by the first device, the second device adjusts frame resources played by itself. Because the multiple smart devices that perform synchronous playback are generally in one local area network, a transmission delay of frame information from the first device to the second device can be ignored, thereby improving a synchronization effect among the multiple smart devices. (Xu et al. ‘901)
Homogeneous wireless network function is based on the horizontal handover between similar wireless technology. Heterogeneous network is formed amongst differing wireless technologies by using the vertical handover scenario. Coexistence between the different wireless standard are based on the interference reduction, access transfer and packet rate arbitration. The reduction in interference technique allows the coexistence of two diverse wireless standards, based on the deterministic and adaptive interference reduction mechanism. In our paper we implemented Normalized Least Mean Square (NLMS) adaptive filter algorithm for excision of the unwanted wideband Wi-Fi signal from the narrowband Bluetooth signal. (Sagar et al. “Heterogeneous network formation by non-collaborative coexistence mechanism”)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVOUD ZAND whose telephone number is (571)272-2697, Fax (571) 273-2697. The examiner can normally be reached on Mon-Fri 9:30-5:30pm.
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/DAVOUD A ZAND/Primary Examiner, Art Unit 2445
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