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 06/06/2025 has been considered and made of record by the examiner.
Claim Objections
Claims 8-11, 15, and 16 are objected to because of the following informalities: as to claims 8-11, X and N should be defined as non-zero, positive numbers. Appropriate correction is required. Claims 15 and 16 depend on clam 8, therefore they have been objected to as well.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As to claims 6 and 16, the claims state “responsive to determining that the channel is not within the channel threshold distance from the previous channel in the frequency separated sequence, add the channel to the skipped channel list”. This limitation contradicts the Applicant’s teaching in the invention’s disclosure. Applicant in the invention’s disclosure states that “If the selected channel is within the threshold distance from the previous channel, then at 340, the selected channel remains in the SCL. If the selected channel is not within the threshold distance from the previous channel, then at 320, the device adds the channel to the FSS and removes it from the SCL at 325.” (see paragraph 0030). Therefore, the channel is not added to the skipped channel list (SCL) if the selected channel is not within the threshold distance from the previous channel (see also Fig. 3, steps 315 and 335). Therefore, the limitation cited in the claim has no support in the specification and contradicts the limitation cited in the specification.
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.
Claim 9 is 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. As to claim 9, since X is not defined as a non-zero number, when X is equal to zero the distance would become undefined. Therefore, this limitation can make the claim indefinite.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 4, 7, 13, 14, 17, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-7, and 10 of U.S. Patent No. 10,594,360. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1, 5-7, and 10 of U.S. Patent No. 10,594,360 disclose all the subject matters cited in claims 1, 4, 7, 13, 14, 17, and 20 of the instant application. For claims 1 and 4 of the instant application, see claim 5 of U.S. Patent No. 10,594,360. For claims 7 and 14 of the instant application, see claim 1 of U.S. Patent No. 10,594,360. For claim 13 of the instant application, see claims 6 or 7 of U.S. Patent No. 10,594,360. For claims 17 and 20 of the instant application, see claim 10 of U.S. Patent No. 10,594,360.
Instant Application
10,594,360
1. A device comprising: a transceiver; and a processing unit configurable to: determine a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is responsive to a maximum expected channel leakage between channels of the sequence of channels; and transmit, via the transceiver, data using a channel hopping sequence responsive to the sequence of channels.
4. The device of claim 1, wherein the sequence of channels is a pseudo random sequence of channels.
7. A device comprising: a transceiver; and a processing unit configurable to: determine a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is based on a limit on retransmission attempts associated with data transmission between the device and another device; and transmit, via the transceiver, data using a channel hopping sequence responsive to the sequence of channels.
13. The device of claim 7, wherein the processing unit is further configurable to transmit, via the transceiver, the channel threshold distance.
14. The device of claim 7, wherein the sequence of channels is a pseudo random sequence of channels.
17. A method comprising: determining, by a device, a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is responsive to a maximum expected channel leakage between channels of the sequence of channels; and transmitting, by the device, data using a channel hopping sequence responsive to the sequence of channels.
20. The method of claim 17, wherein the sequence of channels is a pseudo random sequence of channels.
1.A device, comprising: a transceiver to transmit data packets; and a processing unit coupled to the transceiver, the processing unit configured to: generate a pseudo random frequency hopping sequence, comprising a plurality of transmission channel numbers, so at least two consecutive transmission channel numbers are each separated by at least a channel threshold distance, wherein the channel threshold distance is a non-zero integer; and wherein the channel threshold distance is selected from a group consisting of: an integer limit on a number of retransmission attempts for a data packet of the data packets and the integer limit on the number of retransmission attempts for the data packet of the data packets minus one; and transmit, to at least one other device in a wireless communication network, the data packets via the transceiver, using the pseudo random frequency hopping sequence.
5. The device of claim 1, wherein the channel threshold distance is further based on a history of packet loss, a maximum expected adjacent channel leakage, or a physical environment of the device.
6. The device of claim 1, wherein the processing unit is further configured to transmit the channel threshold distance periodically.
7. The device of claim 1, wherein the processing unit is further configured to transmit the channel threshold distance asynchronously.
9. A method of frequency hopping in a wireless communication network, the method comprising: generating, by a first device in the wireless communication network, a pseudo random frequency hopping sequence for transmission of data packets, the pseudo random frequency hopping sequence comprising a plurality of transmission channel numbers, so at least two consecutive transmission channel numbers are each separated by at least a channel threshold distance, wherein the channel threshold distance is a non-zero integer, and wherein the channel threshold distance is selected from a group consisting of: a limit on a number of retransmission attempts for a data packet of the data packets and the limit on the number of retransmission attempts for the data packet of the data packets minus one; and transmitting, by the first device to a second device in the wireless communication network, the data packets using the pseudo random frequency hopping sequence.
10. The method of claim 9, wherein the channel threshold distance is further based on a history of packet loss, a maximum expected adjacent channel leakage, or a physical environment of the first device.
Claims 1-5, 7, and 12-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 9, 11, 12, 13, 16, and 21 of U.S. Patent No. 12,348,263 in view of Bernett (US 2009/0010309).
As to claims 1-5 of the instant application, claims 1, 3, 9, 11, and 12 of U.S. Patent No. 12,348,263 disclose all the subject matters claimed in claims 1-5 of the instant application, except that the device comprises a transceiver and a processing circuit. Bernett, in the same field of endeavor, discloses a smart channel hopping mechanism for a transceiver (see the abstract). Bernett further discloses that the channel hopping control mechanism executed by a processing unit of the spectral reuse transceiver (see paragraph 0016). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 1, 3, 9, 11, and 12 of U.S. Patent No. 12,348,263, as suggested by Bernett, to enable the system to effectively communicate with other communication devices. As to claims 7 and 12-14 of the instant application, claims 12, 16, 21, and 13 of U.S. Patent No. 12,348,263 disclose all the subject matters claimed in claims 7 and 12-14 of the instant application, except that the device comprises a transceiver and a processing circuit. Bernett, in the same field of endeavor, discloses a smart channel hopping mechanism for a transceiver (see the abstract). Bernett further discloses that the channel hopping control mechanism executed by a processing unit of the spectral reuse transceiver (see paragraph 0016). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 12, 16, 21, and 13 of U.S. Patent No. 12,348,263, as suggested by Bernett, to enable the system to effectively communicate with other communication devices.
Claims 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 9, and 11 of U.S. Patent No. 12,348,263. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 3, 9, and 11 of U.S. Patent No. 12,348,263 disclose all the subject matters claimed in claims 17-20 of the instant application.
Instant Application
12,348,263
1. A device comprising: a transceiver; and a processing unit configurable to: determine a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is responsive to a maximum expected channel leakage between channels of the sequence of channels; and transmit, via the transceiver, data using a channel hopping sequence responsive to the sequence of channels.
2. The device of claim 1, wherein the processing unit is further configurable to dynamically adjust the channel threshold distance.
3. The device of claim 1, wherein the processing unit is further configurable to transmit, via the transceiver, the channel threshold distance.
4. The device of claim 1, wherein the sequence of channels is a pseudo random sequence of channels.
5. The device of claim 1, wherein the processing unit is further configurable to: generate a pseudo-random sequence of channels; select channels of the pseudo-random sequence of channels for a frequency separated sequence or a skipped channel list responsive to the channel threshold distance; and set the sequence of channels to the frequency separated sequence.
7. A device comprising: a transceiver; and a processing unit configurable to: determine a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is based on a limit on retransmission attempts associated with data transmission between the device and another device; and transmit, via the transceiver, data using a channel hopping sequence responsive to the sequence of channels.
12. The device of claim 7, wherein the processing unit is further configurable to dynamically adjust the channel threshold distance.
13. The device of claim 7, wherein the processing unit is further configurable to transmit, via the transceiver, the channel threshold distance.
14. The device of claim 7, wherein the sequence of channels is a pseudo random sequence of channels.
17. A method comprising: determining, by a device, a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is responsive to a maximum expected channel leakage between channels of the sequence of channels; and transmitting, by the device, data using a channel hopping sequence responsive to the sequence of channels.
18. The method of claim 17, wherein the method further comprises dynamically adjusting the channel threshold distance.
19. The method of claim 17, wherein the method further comprises transmitting the channel threshold distance.
20. The method of claim 17, wherein the sequence of channels is a pseudo random sequence of channels.
1. A method comprising: determining, by a first device, a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance; and transmitting data between the first device and a second device using a channel hopping sequence according to the sequence of channels, wherein the channel threshold distance is based on: a limit on retransmission attempts associated with the transmission of data between the first device and the second device; or a maximum expected channel leakage between channels of the sequence of channels.
3. The method of claim 1, further comprising dynamically adjusting the channel threshold distance.
9. The method of claim 1, further comprising transmitting, by the first device, the channel threshold distance to the second device.
11. The method of claim 1, wherein the sequence of channels is a pseudo random sequence of channels.
12. A method comprising: determining, by a first device, a first sequence of channels, wherein consecutive channels of the first sequence of channels are separated by at least a channel threshold distance; and transmitting data between the first device and a second device using a channel hopping sequence according to the first sequence of channels, wherein determining the first sequence of channels comprises, for each second sequence channel in a second sequence of channels: adding the second sequence channel to the first sequence of channels when the second sequence channel is at least the channel threshold distance from a previous channel in the first sequence of channels; adding the second sequence channel to a skip list when the second sequence channel is within the channel threshold distance from the previous channel in the first sequence of channels; and for each skip list channel in the skip list, adding the skip list channel to the first sequence of channels when the skip list channel is at least the channel threshold distance from the previous channel in the first sequence of channels, wherein the channel threshold distance is based on a maximum expected channel leakage between channels of the first sequence of channels or based on a limit of retransmission attempts associated with the transmission of data between the first device and the second device.
13. The method of claim 12, wherein the second sequence of channels is a pseudo random sequence of channels.
16. The method of claim 12, further comprising dynamically adjusting the channel threshold distance.
21. The method of claim 12, further comprising transmitting, by the first device, the channel threshold distance to the second device.
Claims 1, 7, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16, 12, and 6 of U.S. Patent No. 11,700,033. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 16, 12, and 6 of U.S. Patent No. 11,700,033 disclose all the subject matters claimed in claims 1, 7, and 17 of the instant application.
Instant Application
11,700,033
1. A device comprising: a transceiver; and a processing unit configurable to: determine a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is responsive to a maximum expected channel leakage between channels of the sequence of channels; and transmit, via the transceiver, data using a channel hopping sequence responsive to the sequence of channels.
7. A device comprising: a transceiver; and a processing unit configurable to: determine a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is based on a limit on retransmission attempts associated with data transmission between the device and another device; and transmit, via the transceiver, data using a channel hopping sequence responsive to the sequence of channels.
17. A method comprising: determining, by a device, a sequence of channels, wherein consecutive channels of the sequence of channels are separated by at least a channel threshold distance, wherein the channel threshold distance is responsive to a maximum expected channel leakage between channels of the sequence of channels; and transmitting, by the device, data using a channel hopping sequence responsive to the sequence of channels.
1. A method comprising: determining, by a first network device, a sequence of channels for transmission of data between the first network device and a second network device such that: the sequence of channels comprises a subset of channels having a number of channels; and each channel in the subset of channels is at least a channel threshold distance away from an adjacent channel in the subset of channels; and transmitting the data between the first network device and the second network device using channel hopping according to the sequence of channels, wherein the number of channels or the channel threshold distance is based on a limit on retransmission attempts associated with the transmission of data between the first network device and the second network device.
6. The method of claim 1, wherein the channel threshold distance is based on at least one of: a history of packet loss, a maximum expected adjacent channel leakage, or a physical environment of the first network device.
12. A device comprising: a transceiver; and a processing unit coupled to the transceiver, wherein the processing unit is configured to: receive a number of channels and a channel threshold distance; determine a sequence of channels for an exchange of data by the transceiver such that: the sequence of channels comprises a subset of channels having the number of channels; and each channel in the subset of channels is at least the channel threshold distance away from an adjacent channel in the subset; and cause the transceiver to perform the exchange of data using channel hopping according to the sequence of channels, wherein the number of channels or the channel threshold distance is based on a limit on retransmission attempts associated with the exchange of data.
16. The device of claim 12, wherein the channel threshold distance is based on at least one of: a history of packet loss, a maximum expected adjacent channel leakage, or a physical environment of the device.
Allowable Subject Matter
Claims 8, 10, 11, and 15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEILA MALEK whose telephone number is (571)272-8731. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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LEILA . MALEK
Examiner
Art Unit 2632
/LEILA MALEK/Primary Examiner, Art Unit 2632
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