DETAILED ACTION
This communication is responsive to Application No. 19/257,433 filed on July 01, 2025. Claim 1 is pending and directed towards MULTI-LINK WIRELESS COMMUNICATIONS CONNECTIONS.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/01/2025 and 09/26/2025 were Acknowledge. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The use of the term “WIFI”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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 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 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,348,566 in view of Kneckt et al. US 2021/0076437 A1.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,348,566. Although some of the conflicting claims are not identical, they are not patentably distinct from each other. Both the current invention and U.S. Patent No. 12,348,566 are drawn to a method of multi-link wireless communication connection. Furthermore, the omission of an element with a corresponding loss of function is an obvious expedient. See In re Karlson, 136 USPQ 184 and Ex parte Rainu, 168 USPQ 375. For example, the omission of “the transmitter having a MAC layer that is divided into an upper MAC and a lower MAC, the upper MAC being affiliated with the first multi-link upper Media Access Control (MAC) entity” and “wherein after a successful authentication, the transmitter and the receiver to establish a security association, wherein the security association is established by associating a transmitter link with a receiver link at a lower MAC level using a first Pairwise Transient Key Security Association (PTKSA), the transmitter link and the receiver link forming a link pair, the first PTKSA being specific to the link pair”.
The table below compares the two applications.
Instant Application: 19/257,433
Related Patent No. 12,348566
Claim 1: A method comprising: receiving, from a receiver, a broadcast probe request with a multi-link designator; determining that the receiver is multi-link capable based on the probe request; transmitting a probe response including a first multi-link upper media access control (MAC) entity identity of a transmitter; receiving an authentication trigger from the receiver; and transmitting an authentication response to the receiver
Claim 1: A method comprising: receiving, from a receiver, a broadcast probe request with a multi-link designator that identifies the probe request as a multilink probe request; determining that the receiver is multi-link capable based on the multi-link designator; transmitting a probe response including a first multi-link upper Media Access Control (MAC) entity identity of a transmitter, the transmitter having a MAC layer that is divided into an upper MAC and a lower MAC, the upper MAC being affiliated with the first multi-link upper Media Access Control (MAC) entity; receiving an authentication trigger from the receiver; and transmitting an authentication response to the receiver, wherein after a successful authentication, the transmitter and the receiver to establish a security association, wherein the security association is established by associating a transmitter link with a receiver link at a lower MAC level using a first Pairwise Transient Key Security Association (PTKSA), the transmitter link and the receiver link forming a link pair, the first PTKSA being specific to the link pair.
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.
Claim(s) 1 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kneckt et al. US 2021/0076437 A1 (hereinafter “Kneckt”).
As per claim 1, Kneckt teaches a method comprising:
receiving, from a receiver, a broadcast probe request with a multi-link designator (EHT STA 120 discovers EHT AP 110 by receiving a probe request or a beacon from EHT AP 110. The probe request or beacon indicates the links (e.g., channels in frequency bands) in which EHT AP 110 operates. EHT STA 120 may initiate authentication and association with EHT AP 110 on any link of the multiple links as indicated in the probe request or beacon. The beacon and/or probe request frames can include reduced neighbor report (RNR) element that signals the channels, BSSIDs (e.g., link-specific BSSIDs), SSIDs, and EHT capabilities of various links in which EHT AP 110 operates. In some examples, an SSID can be a multilink BSSID that identifies an EHT AP. Kneckt, para [0048]);
determining that the receiver is multi-link capable based on the probe request (The beacon and/or probe request frames can include reduced neighbor report (RNR) element that signals the channels, BSSIDs (e.g., link-specific BSSIDs), SSIDs, and EHT capabilities of various links in which EHT AP 110 operates. In some examples, an SSID can be a multilink BSSID that identifies an EHT AP. Kneckt, para [0048]);
transmitting a probe response including a first multi-link upper media access control (MAC) entity identity of a transmitter (Legacy STA 140 can listen for the appropriate beacon frame based on the frequency on which legacy STA 140 operates and respond with a probe response that includes a MAC address of legacy STA 140 as well as the corresponding link-specific unique BSSID. Kneckt, para [0049]);
receiving an authentication trigger from the receiver (the EHT AP transmits via a transceiver, indications of the multiple links. Kneckt, para [0050]); and
transmitting an authentication response to the receiver (In response to the transmission, the EHT AP receives via a transceiver, a single authentication and association message from the EHT STA. Kneckt, para [0050])(Example 1100 includes pre-association processes: AP discovery 1110, authentication exchange 1120, and association exchange 1130. Post association processes can include: 4-way handshake 1140 and data exchange 1150. Kneckt, para [0047]-[0048]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A. Ho et al. US 2021/0100051 A1 directed to security for multi-link operation in a wireless local area network.
B. Qi et al. US 2011/0154038 A1 directed to a method for negotiating the use of multi-link ciphering and for the generation of unique keys for each of the links using a single 4-way handshake protocol exchange
C. Liu et al. US 2010/0332822 A1 directed to a network device includes a first physical layer (PHY) module operates in a first frequency band, a second physical layer (PHY) module operate in a second frequency band, and a security module that establish security for the first frequency band responsive to the network device operating in the first frequency band, and for the second frequency band prior to the network device switching operation from the first frequency band to the second frequency band.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHALID M ALMAGHAYREH whose telephone number is (571)272-0179. The examiner can normally be reached Monday - Thursday 8AM-5PM EST & Friday variable.
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Respectfully submitted
/KHALID M ALMAGHAYREH/Primary Examiner, Art Unit 2492
