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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-8 and 12-17is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thaler (US 2015/0381565).
Regarding Claim 1, Thaler teaches a network node that comprises a network interface coupled to a host device, (figure 5, #516) the network interface being configured to:
broadcast a local claim message to all other nodes on a communication medium, the local claim message specifying a MAC address selected by the network interface (¶ [0040] – [0043], see specifically probe message. NOTE: Thaler uses the phrase claim message to refer to the final message, and not the message to assert that it has the address).;
compare a transmit time of the local claim message to a transmit time of any remote claim message specifying the MAC address that is received before a predetermined interval has elapsed (¶ [0046], see address claim message. Note: Examiner submits that receiving an address claim message prior to the timeout means that the other device claimed that address first.); and
respond to any remote claim message specifying the MAC address that is received after the predetermined interval has elapsed by broadcasting an assert message specifying the MAC address (¶ [0043], see specifically already taken).
Regarding Claim 2, Thaler teaches the transmit time of the local claim message is later than the transmit time of the remote claim message, the network interface broadcasts another local claim message specifying another MAC address (¶ [0043], see specifically generates another proposed address and repeats).
Regarding Claim 3, Thaler teaches the network interface is further configured to respond to any remote assert message specifying the MAC address by broadcasting another local claim message specifying another MAC address (¶ [0043], see specifically generates another proposed address and repeats).
Regarding Claim 4, Thaler teaches the network interface determines the MAC address using a random or pseudorandom value (¶ [0041], see specifically random value)
Regarding Claim 5, Thaler teaches a network interface that comprises:
a transceiver coupled to a transmit buffer to send transmit messages via a communications medium and coupled to a receive buffer to store receive messages received via the communications medium (¶ [0052], see specifically buffer),
each of said transmit messages including a source field containing a media access control (MAC) address (¶ [0047], see specifically claimed address);
and a network interface controller coupled to the transceiver to implement a network communications protocol for conveying the transmit messages and receive messages via the communications medium, the network interface controller being configured to (figure 5, #516):
broadcast a local claim message to all other nodes on the communications medium,the local claim message specifying a tentative MAC address selected by the network interface (¶ [0040] – [0043], see specifically probe message. NOTE: Thaler uses the phrase claim message to refer to the final message, and not the message to assert that it has the address);
compare a transmit time of the local claim message to a transmit time of any remote claim message specifying the tentative MAC address that is received before a predetermined interval has elapsed (¶ [0046], see address claim message. Note: Examiner submits that receiving an address claim message prior to the timeout means that the other device claimed that address first.); and
respond to any remote claim message specifying the tentative MAC address that is received after the predetermined interval has elapsed by broadcasting an assert message specifying the tentative MAC address ¶ [0043], see specifically already taken).
Regarding Claim 6, Thaler teaches the transmit time of the local claim message is later than the transmit time of a remote claim message, the network interface controller broadcasts another local claim message specifying another MAC address (¶ [0040] – [0043], see specifically probe message. NOTE: Thaler uses the phrase claim message to refer to the final message, and not the message to assert that it has the address).
Regarding Claim 7, Thaler teaches the network interface controller is configured to adopt the tentative MAC address as a locally unique MAC address if the predetermined interval elapses without receipt of a remote claim message specifying the tentative MAC address with an earlier transmit time than the local claim message (¶ [0046], see specifically timeout value or expired.)
Regarding Claim 8, Thaler teaches the network interface controller is further configured to respond to any remote assert message specifying the tentative MAC address by broadcasting another local claim message specifying another MAC address (¶ [0043], see specifically generates another proposed address and repeats).
Regarding Claim 12, Thaler teaches the network interface employs a physical layer interface compliant with at least one standard within a set consisting of: IEEE Std 802.3, 802.11, and 802.15 families (¶ [0017], see specifically Ethernet (802.3), Wifi (802.11), and Bluetooth (which is part of 802.15)).
Regarding Claim 13, Thaler teaches a network interface method that comprises:
using a transceiver to send transmit messages via a communications medium and to store receive messages received via the communications medium (¶ [0052], see specifically buffer),
each of said transmit messages including a source field containing a media access control (MAC) address (¶ [0047], see specifically claimed address);
and determining a locally unique MAC address to be used in the source field of the transmit messages (¶ [0039] – [0048], see the process of claiming a MAC address) by:
broadcasting a local claim message to all other nodes on the communications medium, the local claim message specifying a tentative MAC address (¶ [0040] – [0043], see specifically probe message. NOTE: Thaler uses the phrase claim message to refer to the final message, and not the message to assert that it has the address);
comparing a transmit time of the local claim message to a transmit time of any remote claim message specifying the tentative MAC address that is received before a predetermined interval has elapsed (¶ [0046], see address claim message. Note: Examiner submits that receiving an address claim message prior to the timeout means that the other device claimed that address first.); and
responding to any remote claim message specifying the tentative MAC address that is received after the predetermined interval has elapsed by broadcasting an assert message specifying the tentative MAC address.
Regarding Claim 14, Thaler teaches broadcasting another local claim message specifying another MAC address if the transmit time of the local claim message is later than the transmit time of a remote claim message (¶ [0043], see specifically generates another proposed address and repeats).
Regarding Claim 15, Thaler teacher adopting the tentative MAC address as the locally unique MAC address if the predetermined interval elapses without receipt of a remote claim message specifying the tentative MAC address with an earlier transmit time than the local claim message (¶ [0046], see specifically timeout value or expired.)
Regarding Claim 16, Thaler teacher responding to any remote assert message specifying the tentative MAC address by broadcasting another local claim message specifying another MAC address (¶ [0043], see specifically generates another proposed address and repeats).
Regarding Claim 17, Thaler teaches at least some of the receive messages are unicast messages containing the locally unique MAC address in a destination field (¶ [0047], see specifically claimed address).
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.
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.
Claim(s) 9, 11, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thaler (US 2015/0381565) in view of Beruto (US 10,925,997).
Regarding Claim 9 and 18, Thaler fails to explicitly teach the network communications protocol restricts usage of the communications medium to at most one sender at a time
Beruto teaches the network communications protocol restricts usage of the communications medium to at most one sender at a time (column 7, line 35-45, see specifically only in given time instants.)
Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to use collision avoidance (PLCA) in the system of Thaler.
The motivation is given in the background of the invention of Beruto, which is that PLCA is used in deterministic networks where there are real time traffic requirements (column 1, line 30-35)
Regarding Claim 11 and 20, Thaler fails to explicitly teach the network communications protocol includes physical layer collision avoidance (PLCA).
Beruto teaches the network communications protocol includes physical layer collision avoidance (PLCA) (entire document also column 6, line 35-45, see specifically PLCA.)
Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to use collision avoidance (PLCA) in the system of Thaler.
The motivation is given in the background of the invention of Beruto, which is that PLCA is used in deterministic networks where there are real time traffic requirements (column 1, line 30-35)
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thaler (US 2015/0381565).
Regarding Claim 10 and 19, Thaler fails to explicitly teach the network communications protocol is Time-Triggered Ethernet.
Examiner submits that it is well known in the art to use Time-Triggered Ethernet as the network communications protocol. Time Triggered Ethernet was formally standardized by the Society of Automotive Engineers as SAE AS6802. It is officially noted.
Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to use SAE AS6802 in the system of Thaler.
The motivation is that Thaler teaches that network of the invention may include “may include, for example, Bluetooth, Zigbee, WiFi, infra-red, WiFi Direct, Ethernet, powerline, coaxial, or generally any wireless or wired communication technologies.” Examiner submits that a standardized network such as SAE AS6802 would benefit from the use of the invention of Thaler.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M MORLAN whose telephone number is (571)270-5674. The examiner can normally be reached Monday - Friday, 10 AM - 4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hadi Armouche can be reached at 571-270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT M MORLAN/Primary Examiner, Art Unit 2409
ROBERT M. MORLAN
Primary Examiner
Art Unit 2409
