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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement submitted on 2/6/2025 has been considered by the Examiner and made of record in the application file.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 2/6/2025, as modified by the preliminary amendment filed on 4/2/2025. Claims 1-5 and 21-40 are now pending in the present application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the Applicant regards as his invention.
Claims 3 and 37-39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the Applicant), regards as the invention.
Regarding claim 3, the phrase "a third transmit/receive path that is configured to pass RF signals in the 2.4 GHz frequency band renders the claim indefinite because it does not appear that the third transmit/receive path is related to any of the elements in claims 1 or 2, upon which claim 3 depends. Therefore, claim 3 does not indicate how the third transmit/receive path functions with any of the claim elements.
Regarding claim 37, the phrase "a first filter that is configured to pass RF signals in the 6 GHz frequency band" renders the claim indefinite because claim 34, upon which this claim depends, discloses the first transmit/receive path configurable to pass RF signals in either the full 5 GHz frequency band or in a sub-band of the 5 GHz frequency band. The first transmit/receive path does not include a 6 GHz frequency band option. This claim recites a first filter that is configured to pass RF signals in the 6 GHz frequency band. It is unclear how the first filter may be used in with the first transmit/receive path or any other element of claims 34 or 35.
Claims 38 and 39 are also rejected by virtue of their dependency on claim 37.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office Action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 34 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schultz et al. (U.S. Patent Application Publication No. 2022/0225152 A1) (as cited on Applicant’s IDS, hereinafter Schultz).
Regarding claim 1, Schultz discloses an access point (Figure 1A and paragraph 0023 disclose the adaptive node 100 may include any suitable system, apparatus, or device that may be configured to establish a wireless local area network (WLAN) and/or provide access to the WLAN of one or more client devices of the WLAN. Examples of the adaptive node 100 may include a router, a gateway, a repeater, a mesh node, and/or any other suitable access point for a client device), comprising:
a first radio (Figure 1A and paragraph 0024 disclose the adaptive node 100 may include: a first radio 112, a second radio 114, and additional radios (e.g., a third radio 116));
a first radiating element (Figure 1A and paragraph 0032 disclose the first radio 112 may include a baseband circuit 108a, an RF circuit 110a, a front-end module (FEM) 120a, a bandpass filter (BPF) 122a, and an antenna 124a. The second radio 114 may similarly include a baseband circuit 108b, an RF circuit 110b, a FEM 120b, BPF 122b, and an antenna 124b); and
a first transmit/receive path that is coupled between the first radio and the first radiating element, the first transmit/receive path selectively configurable to pass radio frequency ("RF") signals in either at least a portion of the 6 GHz frequency band or at least a portion of the 5 GHz frequency band (Figure 1A and paragraphs 0027-0029 disclose the first radio 112 may be configured to alternate between performing communications in a first frequency band and performing communications in a second frequency band. The first frequency band may correspond to the 6 GHz band of the 802.11 standard. The second frequency band may correspond to a high portion of the 5 GHz band of the 802.11 standard. The second radio 114 may include a set of components that are configured to operate in a third frequency band. The third frequency band may correspond to a low portion of the 5 GHz band of the 802.11 standard).
Regarding claim 2, as applied to claim 1 above, Schultz further discloses a second radio (Figure 1A and paragraph 0024 disclose the adaptive node 100 may include: a first radio 112, a second radio 114, and additional radios (e.g., a third radio 116));
a second radiating element (Figure 1A and paragraph 0032 disclose the first radio 112 may include a baseband circuit 108a, an RF circuit 110a, a front-end module (FEM) 120a, a bandpass filter (BPF) 122a, and an antenna 124a. The second radio 114 may similarly include a baseband circuit 108b, an RF circuit 110b, a FEM 120b, BPF 122b, and an antenna 124b); and
a second transmit/receive path that is coupled between the second radio and the second radiating element, the second transmit/receive path selectively configurable to pass RF signals in either the full 5 GHz frequency band or in a first sub-band of the 5 GHz frequency band that encompasses less than all of the full 5 GHz frequency band (Figure 1A and paragraphs 0027-0029 disclose the first radio 112 may be configured to alternate between performing communications in a first frequency band and performing communications in a second frequency band. The first frequency band may correspond to the 6 GHz band of the 802.11 standard. The second frequency band may correspond to a high portion of the 5 GHz band of the 802.11 standard. The second radio 114 may include a set of components that are configured to operate in a third frequency band. The third frequency band may correspond to a low portion of the 5 GHz band of the 802.11 standard).
Regarding claim 3, as applied to claim 2 above, Schultz further discloses a third transmit/receive path that is configured to pass RF signals in the 2.4 GHz frequency band (Figure 1A and paragraphs 0028 and 0029 disclose the third radio 116 may include a set of components that are configured to operate in a fourth frequency band. The fourth frequency band may correspond to the 2.4 GHz band of the 802.11 standard).
Regarding claim 34, Schultz discloses an access point, (Figure 1A and paragraph 0023 disclose the adaptive node 100 may include any suitable system, apparatus, or device that may be configured to establish a wireless local area network (WLAN) and/or provide access to the WLAN of one or more client devices of the WLAN. Examples of the adaptive node 100 may include a router, a gateway, a repeater, a mesh node, and/or any other suitable access point for a client device) comprising:
a first radio (Figure 1A and paragraph 0024 disclose the adaptive node 100 may include: a first radio 112, a second radio 114, and additional radios (e.g., a third radio 116));
a first radiating element (Figure 1A and paragraph 0032 disclose the first radio 112 may include a baseband circuit 108a, an RF circuit 110a, a front-end module (FEM) 120a, a bandpass filter (BPF) 122a, and an antenna 124a. The second radio 114 may similarly include a baseband circuit 108b, an RF circuit 110b, a FEM 120b, BPF 122b, and an antenna 124b); and
a first transmit/receive path that is coupled between the first radio and the first radiating element, the first transmit/receive path selectively configurable to pass radio frequency ("RF") signals in either the full 5 GHz frequency band or in a sub-band of the 5 GHz frequency band that encompasses less than all of the 5 GHz frequency band (Figure 1A and paragraphs 0027-0029 disclose the first radio 112 may be configured to alternate between performing communications in a first frequency band and performing communications in a second frequency band. The first frequency band may correspond to the 6 GHz band of the 802.11 standard. The second frequency band may correspond to a high portion of the 5 GHz band of the 802.11 standard. The second radio 114 may include a set of components that are configured to operate in a third frequency band. The third frequency band may correspond to a low portion of the 5 GHz band of the 802.11 standard).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 21 and 22 rejected under 35 U.S.C. 103 as being unpatentable over Schultz in view of Amini et al. (U.S. Patent No. 9,351,338 B2) (hereinafter Amini).
Regarding claim 21, as applied to claim 2 above, Schultz discloses the claimed invention except explicitly disclosing wherein the first sub-band is the 5.490-5.835 GHz frequency band.
In analogous art, Amini discloses wherein the first sub-band is the 5.490-5.835 GHz frequency band (Claims 1 and 3 disclose the first WLAN module configured for communication on at least two non-overlapping subdivisions within a region of the 5 GHz communication band, wherein the at least two subdivisions comprise a first subdivision including a region between 5170 MHz and 5330 MHz and a second subdivision including a region between 5490 MHz and 5835 MHz).
It 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 to incorporate a subdivision within a region of the 5 GHz communication band including a region between 5490 MHz and 5835 MHz, as described in Amini, with a portion of a 5 GHz band, as described in Schultz, because doing so is combining prior art elements according to known methods to yield predictable results. Combining a subdivision within a region of the 5 GHz communication band including a region between 5490 MHz and 5835 MHz of Amini with a portion of a 5 GHz band of Schultz was within the ordinary ability of one of ordinary skill in the art based on the teachings of Amini.
Therefore, it 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 to combine the teachings of Schultz and Amini to obtain the invention as specified in claim 21.
Regarding claim 22, as applied to claim 2 above, Schultz discloses the claimed invention except explicitly disclosing wherein the first sub-band is the 5.170-5.330 GHz frequency band.
In analogous art, Amini discloses wherein the first sub-band is the 5.170-5.330 GHz frequency band (Claims 1 and 3 disclose the first WLAN module configured for communication on at least two non-overlapping subdivisions within a region of the 5 GHz communication band, wherein the at least two subdivisions comprise a first subdivision including a region between 5170 MHz and 5330 MHz and a second subdivision including a region between 5490 MHz and 5835 MHz).
It 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 to incorporate a subdivision within a region of the 5 GHz communication band including a region between 5170 MHz and 5330 MHz, as described in Amini, with a portion of a 5 GHz band, as described in Schultz, because doing so is combining prior art elements according to known methods to yield predictable results. Combining a subdivision within a region of the 5 GHz communication band including a region between 5170 MHz and 5330 MHz of Amini with a portion of a 5 GHz band of Schultz was within the ordinary ability of one of ordinary skill in the art based on the teachings of Amini.
Therefore, it 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 to combine the teachings of Schultz and Amini to obtain the invention as specified in claim 22.
Claims 35 and 36 rejected under 35 U.S.C. 103 as being unpatentable over Schultz in view of Changlani et al. (U.S. Patent Application Publication No. 2021/0377947 A1) (as cited on Applicant’s IDS, hereinafter Changlani).
Regarding claim 35, as applied to claim 34 above, Schultz discloses the claimed invention except explicitly disclosing wherein the sub-band of the 5 GHz frequency band is a first sub-band of the 5 GHz frequency band, the access point further comprising: a second radio; a second radiating element; and a second transmit/receive path that is coupled between the second radio and the second radiating element, the second transmit/receive path selectively configurable to pass RF signals in either the full 5 GHz frequency band or in a second sub-band of the 5 GHz frequency band that encompasses less than all of the full 5 GHz frequency band.
In analogous art, Changlani discloses wherein the sub-band of the 5 GHz frequency band is a first sub-band of the 5 GHz frequency band, the access point further comprising:
a second radio (Figure 2B and paragraph 0035 disclose two independent 5 GHz radios);
a second radiating element (Figure 2B and paragraph 0034 disclose primary and secondary radios each having 4 antenna); and
a second transmit/receive path that is coupled between the second radio and the second radiating element, the second transmit/receive path selectively configurable to pass RF signals in either the full 5 GHz frequency band or in a second sub-band of the 5 GHz frequency band that encompasses less than all of the full 5 GHz frequency band (Figure 2B and paragraph 0034 disclose two radio, each operating in the full 5 GHz band or less than all of the 5 GHz band with filters).
It 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 to incorporate two independent 5 GHz radios and antennas with filters between them, as described in Changlani, with multiple radios with antennas with paths between, as described in Schultz, because doing so is combining prior art elements according to known methods to yield predictable results. Combining two independent 5 GHz radios and antennas with filters between them of Changlani with multiple radios with antennas with paths between of Schultz was within the ordinary ability of one of ordinary skill in the art based on the teachings of Changlani.
Therefore, it 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 to combine the teachings of Schultz and Changlani to obtain the invention as specified in claim 35.
Regarding claim 36, as applied to claim 35 above, Schultz, as modified by Changlani, further discloses a third radio; and a third transmit/receive path that is coupled between the third radio and the second radiating element, the third transmit/receive path configured to pass RF signals in the 2.4 GHz frequency band (Figure 1A and paragraphs 0028 and 0029 disclose the third radio 116 may include a set of components that are configured to operate in a fourth frequency band. The fourth frequency band may correspond to the 2.4 GHz band of the 802.11 standard).
Allowable Subject Matter
Claims 4, 5, 23, 24, and 40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Considering claim 4, the best prior art found during the prosecution of the present application, Schultz, fails to disclose, teach, or suggest the limitations of a first filter that is configured to pass RF signals in the 6 GHz frequency band; a second filter that is configured to pass RF signals in a second sub-band of the 5 GHz frequency band; and a first switch and a second switch that are configured to selectively route RF signals traversing the first transmit/receive path through either the first filter or the second filter in combination with and in the context of all of the other limitations in claim 4.
Considering claim 40, the best prior art found during the prosecution of the present application, Schultz, fails to disclose, teach, or suggest the limitations of a second transmit/receive path that is coupled between the second radio and the second radiating element, the second transmit/receive path selectively configurable to pass RF signals in either at least a portion of the 6 GHz frequency band or in a second sub-band of the 5 GHz frequency band that encompasses less than all of the 5 GHz frequency band in combination with and in the context of all of the other limitations in claim 40.
Claims 5, 23, and 24 also include allowable subject matter by virtue of their dependency on claim 4.
Claims 25-33 are allowed.
The following is an Examiner’s statement of reasons for allowance:
Considering claim 25, the best prior art found during the prosecution of the present application, Schultz, fails to disclose, teach, or suggest the limitations of a first radio that is selectively coupled to a first radiating element through one of a first filter or a second filter and wherein the first filter is configured to pass radio frequency ("RF") signals in said at least a portion of the 6 GHz frequency band and the second filter is configured to pass RF signals in a sub-band of the 5 GHz frequency band that encompasses less than all of the 5 GHz frequency band in combination with and in the context of all of the other limitations in claim 25.
Claims 26-33 are also allowed by virtue of their dependency on claim 25.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Fifield (U.S. Patent No. 7,493,152 B1) discloses integrated circuit incorporating antennas;
Soul et al. (U.S. Patent Application Publication No. 2009/0180466 A1) discloses a system and method for frequency offsetting of information communicated in MIMO-based wireless networks;
Boppana et al. (U.S. Patent Application Publication No. 2017/0055159 A1) discloses 5 GHz sub-band operations;
Shealy et al. (U.S. Patent Application Publication No. 2018/0309422 A1) discloses a 5.2 GHz Wi-Fi acoustic wave resonator RF filter circuit;
Aldana et al. (U.S. Patent Application Publication No. 2018/0324600 A1) discloses analog beamforming for Wi-Fi devices; and
Silverman et al. (U.S. Patent No. 10,340,975 B2) discloses a filter design for access points.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to MARK G. PANNELL whose telephone number is (303) 297-4245. The Examiner can normally be reached Monday through Friday 8:00 am to 3:00 pm (Mountain Time).
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, Rafael Perez-Gutierrez can be reached on (571) 272-7915. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Mark G. Pannell/Primary Examiner, Art Unit 2642
