Obviousness

To determine the obviousness of US Patent 11974143 under 35 U.S.C. § 103, we need to consider whether the differences between the claimed invention and the prior art would have been obvious to a person having ordinary skill in the art (PHOSITA) at the time the invention was made (October 30, 2013, the priority date). An invention is not patentable if it is an obvious combination of existing technology (prior art).

The patent US11974143B2 is a continuation of US 17/468,509, which claims benefit of US 16/039,660 (now US Pat. No. 11,115,834), which claims benefit of US 14/526,799 (now US Pat. No. 10,034,179), which claims benefit of US Provisional Patent Application Ser. No. 61/897,219 and US Provisional Patent Application Ser. No. 61/897,216, both filed on October 30, 2013. The patent also explicitly incorporates by reference U.S. Pat. No. 9,788,305. These related patents and applications are crucial prior art for assessing obviousness.

A PHOSITA in this field would likely have expertise in wireless communication networks, media access control (MAC), physical (PHY) layers, bandwidth management, and multimedia content distribution over wireless networks.

Claim 1 Analysis:

Claim 1 describes a method for improving the performance of a wireless networking device by using a processing interface that includes virtual MAC and virtual PHY interfaces to manage multiple actual MAC and PHY interfaces and their associated wireless transceivers. Key aspects include:

• Connecting an application interface to a processing interface, with applications having wireless bandwidth requirements.
• Connecting multiple actual MAC and PHY interfaces to the processing interface, each with transceivers having bandwidth availability and operating in different frequency bands (e.g., first and second frequency bands being different).
• Forming virtual MAC and virtual PHY interfaces within the processing interface, where virtual PHYs feed bandwidth availability information back to the virtual MAC.
• The processing interface transparently requesting/creating associations between a recipient and actual MAC/PHY interfaces, identifying and allocating portions of bandwidth from selected transceivers using specific frequency subsets, and transmitting data to satisfy bandwidth requirements.
• Simultaneous transmission and reception of data streams.
• The device's utilization of bandwidth not preventing other devices from using remaining frequency ranges simultaneously.

Potential Combinations of Prior Art to Render Claim 1 Obvious:

The specification of US11974143B2 itself explicitly refers to and incorporates by reference US Pat. No. 9,788,305. The description of US11974143B2, specifically paragraphs through and figures 7, 8, 9, 10A-10C, and 11, extensively describe wireless networking systems that utilize a virtual MAC and virtual PHY to manage multiple radios for extending range and coverage. This system, referred to as the "wireless management system 710," includes an application layer 712, a process layer 714 (containing decision block 716, processing block 718, and ultra-streaming block 720, which together form a virtual MAC layer 621), and an RF block 722 (forming a virtual PHY layer). This virtualized architecture then manages actual MAC layer 724 and actual PHY layer 726 with multiple transceiver resources 728, each with its own bandwidth and capable of operating with various protocols (e.g., IEEE 802.11 Standard, MIMO, different IP protocols). [cite: "FIG. 8 illustrates a wireless management system that utilizes a virtual MAC and virtual PHY to wirelessly and adaptively manage and control multiple radios in a given wireless access point.", "the wireless management system 710 is shown in a networking “layer” context.", "The management system 710 includes an application layer “APP”, at 712 , with one or more data-intensive software applications “APP A”-“APP D.”", "the application layer 712 cooperates with a process layer, at 714 .", "the process layer includes a decision block 716 that interfaces with a processing block 718 .", "The decision block 716 , processing block 718 and ultra-streaming block 720 together form a virtual MAC layer 621 .", "The RF block 722 forms a virtual PHY layer.", "The wireless management system 710 includes an actual media access control (MAC) layer, at 724 , and an actual physical (PHY) layer, at 726 .", "the actual MAC layer 724 generally includes software resources capable of controlling one or more transceiver resources 728 that are at the actual PHY layer, such as various radios and receivers.", "The actual PHY layer 726 may include multiple transceiver resources corresponding to multiple radios, each with an actual data transfer capability, or bandwidth.", "The actual PHY layer transceivers may transmit and receive data consistent with a variety of signal protocols, such as High Definition Multimedia Interface (HDMI) consistent with the IEEE 802.11 Standard, Multiple-In Multiple-Out (MIMO), standard Wi-Fi physical control layer (PHY) and Media Access Control (MAC) layer, and existing IP protocols."]

This described system in US11974143B2's own specification (which itself points to US 9,788,305) directly addresses many elements of Claim 1, including:

1. Application interface to processing interface: The "application layer 'APP', at 712" cooperating with a "process layer, at 714." [cite: "the application layer 712 cooperates with a process layer, at 714 ."]
2. Multiple actual MAC/PHY interfaces and transceivers: The "actual MAC layer, at 724, and an actual physical (PHY) layer, at 726," with "multiple transceiver resources 728" capable of different signal protocols. [cite: "the wireless management system 710 includes an actual media access control (MAC) layer, at 724 , and an actual physical (PHY) layer, at 726 .", "the actual PHY layer 726 may include multiple transceiver resources corresponding to multiple radios, each with an actual data transfer capability, or bandwidth."] The mention of "various signal protocols, such as High Definition Multimedia Interface (HDMI) consistent with the IEEE 802.11 Standard, Multiple-In Multiple-Out (MIMO), standard Wi-Fi physical control layer (PHY) and Media Access Control (MAC) layer, and existing IP protocols" implies operation in different frequency bands. [cite: "The actual PHY layer transceivers may transmit and receive data consistent with a variety of signal protocols, such as High Definition Multimedia Interface (HDMI) consistent with the IEEE 802.11 Standard, Multiple-In Multiple-Out (MIMO), standard Wi-Fi physical control layer (PHY) and Media Access Control (MAC) layer, and existing IP protocols."]
3. Virtual MAC and PHY interfaces: The decision block 716, processing block 718, and ultra-streaming block 720 forming a "virtual MAC layer 621," and the RF block 722 forming a "virtual PHY layer." [cite: "The decision block 716 , processing block 718 and ultra-streaming block 720 together form a virtual MAC layer 621 .", "The RF block 722 forms a virtual PHY layer."]
4. Feedback of bandwidth availability: The ultra-streaming block 720 carries out a "monitoring function... that feeds back wireless resource availability to the decision block 716." [cite: "the ultra-streaming block carries out a monitoring function, more fully described below, that feeds back wireless resource availability to the decision block 716 ."]
5. Transparent allocation and transmission: The processing layer (virtual MAC/PHY) "evaluates the wireless bandwidth requirement and the first and second bandwidth availabilities... to allocate at least a portion of each... to virtual MAC and virtual PHY layers, and to satisfy the application layer wireless bandwidth requirement." [cite: "A processing layer evaluates the wireless bandwidth requirement and the first and second bandwidth availabilities of the wireless transceiver resources.", "The processing layer includes a bandwidth allocator to allocate at least a portion of each of the first and second actual bandwidths to virtual MAC and virtual PHY layers, and to satisfy the application layer wireless bandwidth requirement."] The "transparent to any layer above the processing interface" aspect is inherent in the definition of virtual layers abstracting the underlying physical resources.
6. Simultaneous transmission and reception: The overall system is designed to "enable simultaneous allocation of multiple PHY resources for different signal types associated with different applications." [cite: "the virtual MAC and PHY layers enable simultaneous allocation of multiple PHY resources for different signal types associated with different applications."] This allows for simultaneous uplink and downlink activities, as further elaborated in the variable duplex link discussion.
7. Non-prevention of other devices' utilization: The allocation of "at least a portion of each of the first and second actual bandwidths" implies that portions of the bandwidth can be utilized without necessarily consuming the entire available range, thereby allowing other devices to utilize remaining portions.

Motivation for Combination:

A person having ordinary skill in the art (PHOSITA) would have been motivated to combine these elements to address the "insatiable demand for more bandwidth over the networks" and the failure of "conventional wireless networking architectures [to] provide adequate resources to efficiently provide optimum range and coverage for wireless network users, and fail to take full advantage of the resources available to satisfy the desire for more bandwidth," as stated in the background of US11974143B2. [cite: "With the proliferation of multi-media content over wireless networks comes an insatiable demand for more bandwidth over the networks. Conventional wireless networking architectures fail to provide adequate resources to efficiently provide optimum range and coverage for wireless network users, and fail to take full advantage of the resources available to satisfy the desire for more bandwidth."] The explicit recognition of these problems in the patent's own background section, coupled with the detailed description of a system addressing these problems using virtualized MAC/PHY layers and dynamic resource allocation, suggests that the solution would have been obvious to a PHOSITA seeking to optimize wireless network performance.

The incorporation by reference of US 9,788,305 means that its teachings are considered part of the disclosure of US11974143B2. Therefore, if the elements of Claim 1 are found within the scope of US 9,788,305 or other patents in the same family (like 10,034,179 or 11,115,834), it strengthens the argument for obviousness.

Claim 20 Analysis (as an independent concept, for the purpose of this exercise):

Claim 20 builds on Claim 19 (which concerns dynamic bandwidth reallocation for transmission). Claim 20 extends this dynamic reallocation to the reception of data streams. It states that if the identified bandwidth portion of a second selected wireless transceiver (for receiving data) becomes unavailable or if more bandwidth becomes available, the processing interface will transparently identify a new available bandwidth portion and receive the data stream using this new frequency subset without requiring the recipient to disassociate.

Potential Combinations of Prior Art to Render Claim 20 Obvious:

The concept of dynamic resource allocation, monitoring resource availability, and reconfiguring links is extensively discussed in the description of US11974143B2, again referring back to the "wireless management system 710" (and implicitly, US 9,788,305).

• Availability monitoring: The ultra-streaming block "carries out a monitoring function... that feeds back wireless resource availability to the decision block 716." [cite: "the ultra-streaming block carries out a monitoring function, more fully described below, that feeds back wireless resource availability to the decision block 716 ."] This monitoring can occur "at initialization... or through periodic or continuous updating based on environmental conditions or through random on demand programming." [cite: "Availability monitoring may be carried out at initialization, as described above, or through periodic or continuous updating based on environmental conditions or through random on demand programming."]
• Adaptive management/reconfiguration: "Adaptively managing the actual resources provides efficient utilization of resources and power." [cite: "Adaptively managing the actual resources provides efficient utilization of resources and power."] Furthermore, "The virtual MAC and PHY layers 604 and 608 may also be used to reconfigure, or update, the RF cycle times of the link periodically or continuously. Additionally, random on-demand programming may be employed to reconfigure the link." [cite: "The virtual MAC and PHY layers 604 and 608 may also be used to reconfigure, or update, the RF cycle times of the link periodically or continuously. Additionally, random on-demand programming may be employed to reconfigure the link."]
• Transparency to layers above: As with Claim 1, the virtualization inherently provides transparency to higher layers.
• Receiving data stream: The entire system is for "processing bandwidth intensive data streams," which inherently includes both transmission and reception. The concept of a "variable duplex link" is also discussed, allowing for optimization of uplink (transmit) and downlink (receive) data transfer efficiency. [cite: "FIG. 6 illustrates one embodiment of the wireless networking system, described above, utilizing the variable duplex link to optimize uplink (transmit) and downlink (receive) data transfer efficiency for a given application."]

Motivation for Combination:

A PHOSITA would have been motivated to apply the same principles of dynamic and adaptive resource allocation (already established for transmission in the prior art, as highlighted by Claim 19's dependency) to the reception of data streams. The goal of "enhanced link operability" and "efficient utilization of resources and power" would naturally lead a PHOSITA to dynamically reallocate receiving bandwidth as well, based on changing availability. The problem of managing bandwidth intensive data streams for both transmission and reception, and the stated solution of virtualized MAC/PHY and adaptive resource allocation, makes the extension to dynamic reception bandwidth management an obvious design choice for a PHOSITA.

Overall Conclusion on Obviousness:

Given that many of the core inventive concepts of US11974143B2, particularly those in Claim 1 and the concept in Claim 20, are explicitly described and even referenced within its own specification as part of a broader system (which incorporates US 9,788,305), it strongly suggests that a PHOSITA would find these claims obvious. The background section clearly articulates the problems that the invention purports to solve, and the detailed description provides the solutions, often by referring to or elaborating on concepts present in the earlier patent applications and patents in the same family.

Therefore, a combination of the teachings of US 9,788,305 (and the other related patents/applications in the family such as US 10,034,179 and US 11,115,834) would render Claim 1 and the concept of Claim 20 obvious. The motivation to combine these elements stems from the universally recognized need in wireless networking to efficiently manage and allocate bandwidth resources to meet the demands of high-bandwidth applications, as explicitly identified by the patent itself. [cite: "With the proliferation of multi-media content over wireless networks comes an insatiable demand for more bandwidth over the networks. Conventional wireless networking architectures fail to provide adequate resources to efficiently provide optimum range and coverage for wireless network users, and fail to take full advantage of the resources available to satisfy the desire for more bandwidth."] The "insatiable demand for more bandwidth" would provide ample motivation for a PHOSITA to implement systems that dynamically optimize both transmission and reception capabilities using virtualized layers.