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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/10/2025 has been entered.
Response to Amendment
The RCE and amendment filed 7/10/2025 has been entered
Claims 1-19 are rejected.
Claim 20 is canceled.
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
Claims 1-7 and 9-15 are rejected under 35 U.S.C 103 as being unpatentable over Liu (US 9,769,071) in view of Shi (2019/0007180).
Regarding Claim 1, Liu teaches a system for wireless communication, the system comprising (Liu, column 3, line 65-67, a wireless local area communication system):
data processing hardware (Liu, column 23, line 1-3, utilizing hardware including a processor); and
memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising (Liu, column 23, line 3-17, the processor executing instructions and the firmware instructions are stored in a computer readable memory):
generate a control frame and a frame control field (Liu, column 21, line 11-13, generate an RTS control frame, claim 1, the control frame includes an address field (frame control field)), and
transmit the control frame and the frame control field (Liu, claim 1, The control frame is transmitted via composite communication channel wherein the address field is set to a value (indicating data in the frame control field)),
wherein the control frame includes bandwidth information (Liu, claim 1, The address field is set to a value that indicates the RTS control frame includes bandwidth information).
Liu does not explicitly teach the below limitation:
(wherein the control frame includes bandwidth information), including per-packet puncturing information.
However Shi teaches the below limitation:
(wherein the control frame includes bandwidth information), including per-packet puncturing information (Shi, paragraph 89, combining non-contiguous frequency bands (and “puncturing” one or more sub-channels associated with interference) may be performed in connection with CCA-based per-packet dynamic operation)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Liu by adding per-packet puncturing information as taught by Shi. Because Liu and Shi teach control information, and specifically Shi teaches per-packet puncturing information for the benefit of the analogous art of sub-channel selection in a wireless network (Shi, abstract).
Regarding Claim 2, Liu and Shi further teach wherein the bandwidth information includes at least one from color data and transmission opportunity data (Liu, column 10 lines 47-51, column 16 lines 65 to column 17 line 6, claim 1, extract the bandwidth information to determine transmit opportunity period).
Regarding Claim 3, Liu and Shi further teach wherein the bandwidth information includes preamble puncturing data (Shi, paragraph 88, preamble message may enable sub-channel puncturing).
Regarding Claim 4, Liu and Shi further teach wherein the preamble puncturing data includes dynamic preamble puncturing data (Shi, paragraph 88, preamble message may enable sub-channel puncturing, paragraph 89, combining non-contiguous frequency bands (and “puncturing” one or more sub-channels associated with interference) may be performed in connection with CCA-based per-packet dynamic operation).
Regarding Claim 5, Liu and Shi further teach the bandwidth information includes data that support dynamic request to send (RTS)/clear to send (CTS) negotiation (Liu, column 10, line 14-24 and column 10 lines 34-43, a portion of the RTS frame is duplicated in bandwidth portions and based on the communication channel in which the client received the control information, which comprises the bandwidth information, transmitting CTS control frame via those channels determined to be idle).
Regarding Claim 6, Liu and Shi further teach wherein the bandwidth information includes bandwidth information for any bandwidth value including 320 MHz or greater (Shi, paragraph 67, in some implementations that comply with an NBT-EHT protocol, sixteen sub-channels may be used over a frequency range of 320 MHz).
Regarding Claim 7, Liu and Shi further teach wherein the bandwidth information is included in the control wrapper frame instead of a high throughput control field (Liu, claim 1, bandwidth information is included in a service field of RTS control frame instead of high throughput control field).
Regarding Claim 9, Liu teaches a system for wireless communication, the system comprising (Liu, column 3, line 65-67, a wireless local area communication system):
data processing hardware (Liu, column 23, line 1-3, utilizing hardware including a processor; column 23); and
memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising (Liu, column 23, line 3-17, The processor executing instructions and the firmware instructions are stored in a computer readable memory):
obtain a control frame (Liu, column 21, lines 11-13, generating an RTS control frame),
determine that the control frame includes indicating data in a frame control field, the indicating data configured to indicate that the control frame includes bandwidth information (Liu, claim 17, determining that the RTS control frame includes an address field that is set to a value indicating data, claim 1, the address field is set to a value that indicates the RTS control frame includes bandwidth information),
when the indicating data is determined to be in the frame control field, processing the bandwidth information (Liu, claim 17, in response to determining that the address field is set to the value indicating data and extracting bandwidth information).
Liu does not explicitly teach the below limitation:
(determine that the control frame includes indicating data in a frame control field, the indicating data configured to indicate that the control frame includes bandwidth information), including per-packet puncturing information;
However Shi teaches the below limitation:
(determine that the control frame includes indicating data in a frame control field, the indicating data configured to indicate that the control frame includes bandwidth information), including per-packet puncturing information (Shi, paragraph 89, combining non-contiguous frequency bands (and “puncturing” one or more sub-channels associated with interference) may be performed in connection with CCA-based per-packet dynamic operation)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Liu by adding per-packet puncturing information as taught by Shi. Because Liu and Shi teach control information, and specifically Shi teaches per-packet puncturing information for the benefit of the analogous art of sub-channel selection in a wireless network (Shi, abstract).
Regarding Claim 10, Liu and Shi further teach wherein the indicating data is provided in a subtype sub-field of the frame control field (Liu, column 20 line 48-67, claim 2 and 3, a unicast/ multicast bit of the transmitter address field (subtype sub-field) in the address field (frame control field) is set to the value indicating data).
Regarding Claim 11, Liu and Shi further teach wherein the bandwidth information includes at least one from color data and transmission opportunity data (Liu, column 10 lines 47-51, column 16 lines 65 to column 17 line 6, claim 1, extract the bandwidth information to determine transmit opportunity period).
Regarding Claim 12, Liu and Shi further teach wherein the bandwidth information includes preamble puncturing data (Shi, paragraph 88, preamble message may enable sub-channel puncturing).
Regarding Claim 13, Liu and Shi further teach wherein the preamble puncturing data includes dynamic preamble puncturing data (Shi, paragraph 88, preamble message may enable sub-channel puncturing, paragraph 89, combining non-contiguous frequency bands (and “puncturing” one or more sub-channels associated with interference) may be performed in connection with CCA-based per-packet dynamic operation).
Regarding Claim 14, Liu and Shi further teach wherein the bandwidth information includes data that support dynamic request to send (RTS)/clear to send (CTS) negotiation (Liu, column 10, line 14-24 and column 10 lines 34-43, a portion of the RTS frame is duplicated in bandwidth portions and based on the communication channel in which the client received the control information, which comprises the bandwidth information, transmitting CTS control frame via those channels determined to be idle).
Regarding Claim 15, Liu and Shi further teach wherein the bandwidth information includes bandwidth information for any bandwidth value including 320 MHz or greater (Shi, paragraph 67, in some implementations that comply with an NBT-EHT protocol, sixteen sub-channels may be used over a frequency range of 320 MHz).
Claims 8 and 16-19 is rejected under 35 U.S.C 103 as being unpatentable over Liu (US 9,769,071) and Shi (2019/0007180), and further in view of Kenney (2019/0097850).
Regarding Claim 8, Liu and Shi teach all the limitations of parent claim 1, but do not explicitly teach wherein the control frame is in a non-high throughput duplicate format, however Kenney teaches wherein the control frame is in a non-high throughput duplicate format (Kenney, paragraph 147, EHT-SIG 1 and EHT-SIG 2 field are each in one of a non-high-throughput non-HT duplicate format).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Liu and Shi by adding non-high throughput duplicate format as taught by Kenney. Because Liu, Shi, and Kenney teach control information, and specifically Kenney teaches non-high throughput duplicate format for the benefit of the analogous art of an Extremely High Throughput (EHT) wireless station (Kenney, abstract).
Regarding Claim 16, Liu teaches a system for wireless communication, the system comprising (Liu, column 3, line 65-67, a wireless local area communication system):
data processing hardware (Liu, column 23, line 1-3, utilizing hardware including a processor); and
memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising (Liu, column 23, line 3-17, the processor executing instructions and the firmware instructions are stored in a computer readable memory):
generate a control frame and a control field (Liu, column 21, line 11-13, generate an RTS control frame, claim 1, the control frame includes an address field (frame control field)), and
transmit the control frame and the control field (Liu, claim 1, The control frame is transmitted via composite communication channel wherein the address field is set to a value (indicating data in the frame control field)),
wherein the control field or the control frame includes bandwidth information (Liu, claim 1, The address field is set to a value that indicates the RTS control frame includes bandwidth information).
Liu does not explicitly teach the below limitation:
(wherein the control field or the control frame includes bandwidth information), including per-packet puncturing information;
However Shi teaches the below limitation:
(wherein the control field or the control frame includes bandwidth information), including per-packet puncturing information (Shi, paragraph 89, combining non-contiguous frequency bands (and “puncturing” one or more sub-channels associated with interference) may be performed in connection with CCA-based per-packet dynamic operation)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Liu by adding per-packet puncturing information as taught by Shi. Because Liu and Shi teach control information, and specifically Shi teaches per-packet puncturing information for the benefit of the analogous art of sub-channel selection in a wireless network (Shi, abstract).
Liu and Shi do not explicitly teach that the control field is a high throughput control field, however Kenney teaches that the control field is a high throughput control field (Kenney, paragraph 100, a first Extremely High Throughput (EHT) wireless station (STA), the EHT preamble portion includes an EHT signal (SIG) field to cause transmission of the EHT PPDU to the second EHT STA, paragraph 147, EHT-SIG 1 and EHT-SIG 2 field (control frame) are each in one of a non-high-throughput non-HT duplicate format.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Liu and Shi by adding a high throughput control field as taught by Kenney. Because Liu, Shi, and Kenney teach control information, and specifically Kenney teaches a high throughput control field for the benefit of the analogous art of efficient use of the resources of a wireless local-area network (WLAN) (Kenney, paragraph 2).
Regarding Claim 17, Liu, Shi, and Kenney further teach the bandwidth information includes at least one from color data, preamble puncturing data, transmission opportunity data, and data that supports send (RTS)/clear to send (CTS) negotiation (Liu, column 10 lines 47-51, column 16 lines 65 to column 17 line 6, claim 1, extract the bandwidth information to determine transmit opportunity period).
Regarding Claim 18, Liu, Shi, and Kenney further teach wherein the preamble puncturing data includes dynamic preamble puncturing data (Shi, paragraph 88, preamble message may enable sub-channel puncturing, paragraph 89, combining non-contiguous frequency bands (and “puncturing” one or more sub-channels associated with interference) may be performed in connection with CCA-based per-packet dynamic operation).
Regarding Claim 19, Liu, Shi, and Kenney further teach wherein the bandwidth information includes bandwidth information for any bandwidth value including 320 MHz or greater (Shi, paragraph 67, in some implementations that comply with an NBT-EHT protocol, sixteen sub-channels may be used over a frequency range of 320 MHz).
Response to Arguments
Applicant's arguments have been fully considered but are respectfully moot as new grounds of rejection are used. Please see updated rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAD N DEFAUW whose telephone number is (571)272-6905. The examiner can normally be reached on Monday-Thursday 8:30 am - 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Jiang can be reached on (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.N.D/Examiner, Art Unit 2412
/WALLI Z BUTT/Examiner, Art Unit 2412