COEXISTENCE MANAGEMENT IN WIRELESS COMMUNICATIONS

§102 §DOUBLEPATENT

DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The instant first office action is in response to communication filed on 02/14/2025. Claim(s) 1 is pending of which claim 1 is the base independent claims. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/06/2025 and 02/14/2025 is being considered by the examiner. 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 §§ 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. Claim 1 is rejected on the ground of nonstatutory double patenting over claims 1-11 of U.S. Patent No. 12,192,985 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 covered by the patent since the patent and the application are claiming common subject matter, as follows: Instant Application # 19/011,484 Patent # 12,192,985 1. A method comprising: determining traffic priority information of a first wireless network that includes a first radio configured to communicate according to a first communication protocol on a plurality of overlapping channels; determining an operating mode of a second radio as a power save operating mode based on the traffic priority information of the first wireless network, the second radio included in a second wireless network and configured to communicate according to a second communication protocol on the plurality of overlapping channels, the power save operating mode configured to avoid interference on the plurality of overlapping channels with traffic in the first wireless network; and operating the second radio in the determined power save operating mode. 1. A method comprising: determining traffic priority information of a first wireless network that includes a first radio configured to communicate according to a first communication protocol on a plurality of overlapping channels; determining an operating mode of a second radio as a power save operating mode based on the traffic priority information of the first wireless network, the second radio included in a second wireless network and configured to communicate according to a second communication protocol on the plurality of overlapping channels, the power save operating mode configured to avoid interference on the plurality of overlapping channels with traffic in the first wireless network; operating the second radio in the determined power save operating mode; and receiving a notification through a third radio of a third wireless network that indicates that a client device included in the second wireless network has traffic to send to the second radio with a higher priority than the traffic in the first wireless network, the third radio configured to communicate according to a third communication protocol that is different than the first and second communication protocols. In view of the above application, since the subject matters recited in the claim 1 of the instant application were fully disclosed in and covered by the claims 1-11 of U.S. Patent No. 12,192,985 and in this case the clam 1 of the instant application is broader than the patented claims of PAT’985, thus, allowing the claim 1 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent. Claim 1 is rejected on the ground of nonstatutory double patenting over claims 1-22 of U.S. Patent No. 11,265,888 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 covered by the patent since the patent and the application are claiming common subject matter, as follows: Instant Application # 19/011,484 Patent # 11,265,888 1. A method comprising: determining traffic priority information of a first wireless network that includes a first radio configured to communicate according to a first communication protocol on a plurality of overlapping channels; determining an operating mode of a second radio as a power save operating mode based on the traffic priority information of the first wireless network, the second radio included in a second wireless network and configured to communicate according to a second communication protocol on the plurality of overlapping channels, the power save operating mode configured to avoid interference on the plurality of overlapping channels with traffic in the first wireless network; and operating the second radio in the determined power save operating mode. 11. A method comprising: determining a set of parameters of a first wireless network that includes a first radio configured to communicate according to a first communication protocol on a plurality of overlapping channels; determining one or more operating parameters of a second radio based on the set of parameters of the first wireless network, the second radio included in a second wireless network, co-located with the first radio, and configured to communicate according to a second communication protocol on the plurality of overlapping channels; and operating the second radio in the second wireless network according to the one or more operating parameters, wherein: the set of parameters of the first wireless network comprises traffic priority information that indicates first traffic to be sent in the first wireless network to or from the first radio has a first priority that is relatively high; the one or more operating parameters of the second radio determined based on the set of parameters of the first wireless network includes a power save operating mode to avoid interference on the overlapping channels with the first traffic in the first wireless network; and operating the second radio in the second wireless network according to the one or more operating parameters comprises operating the second radio in the power save operating mode. In view of the above application, since the subject matters recited in the claim 1 of the instant application were fully disclosed in and covered by the claims 1-22 of U.S. Patent No. 11,265,888 and in this case the clam 1 of the instant application is broader than the patented claims of PAT’888, thus, allowing the claim 1 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rajamani et al (EP 1,389,855). Regarding claim 1, Rajamani’855 discloses a method comprising: determining traffic priority information of a first wireless network that includes a first radio configured to communicate according to a first communication protocol(see at least fig.12, see para.0018, which discusses the communication traffic with the Bluetooth as first wireless network has higher priority…, see fig.2, which shows Bluetooth transceiver 220 includes radio antenna configured to communicate) on a plurality of overlapping channels(fig.4-5, which shows overlap channels of 310 DSSS channel and 410/510 FHSS, see para.0015); determining an operating mode of a second radio as a power save operating mode based on the traffic priority information of the first wireless network(see fig.12, which shows 802.11b as a second radio stop using radio channel based on received BT as first wireless network priority at high level, see fig.2, which shows 802.11 with radio antenna as second radio, see para.0017, which discuses operation mode of the DSSS channel is inactive (i.e. 802.11b transceiver 210 is not using and/or not intending to use the DSSS channel for communication, see para.0032, which discusses 802.11 transceiver system 210 may be inactive (i.e. turned off or operating a power saving mode) ), the second radio included in a second wireless network (see fig.2, which shows 210 includes wireless antenna include in 802.11 as second wireless network, see para.0018) and configured to communicate according to a second communication protocol(see fig.12, which shows 802.11b as second communication protocol may start using the radio channel) on the plurality of overlapping channels(fig.4-5, which shows overlap channels of 310 and 410/510, see para.0015), the power save operating mode configured to avoid interference on the plurality of overlapping channels with traffic in the first wireless network(see para.0018, which discusses 802.11b transceiver may suspend its communication via the DSSS channel to avoid interference with the communication associated with the Bluetooth transceiver system 220, fig.4-5); and operating the second radio in the determined power save operating mode (see para.0017, which discuses operation mode of the DSSS channel is inactive (i.e., 802.11b transceiver 210 is not using and/or not intending to use the DSSS channel for communication, see para.0032, which discusses 802.11 transceiver system 210 may be inactive (i.e., turned off or operating a power saving mode)). Conclusion Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINNCELAS LOUIS whose telephone number is (571)270-5138. The examiner can normally be reached 8:30-5:00 PM. 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, Michael Thier can be reached on 571-272-2832. 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. /VINNCELAS LOUIS/Primary Examiner, Art Unit 2474