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 .
Response to Arguments
The 112 rejections have been withdrawn an the low-index and high index limitations are going to be interpreted as disclosed in figs. 3 and 4, wherein the low-index portion’s first preset index value is the staring position of the data portion and the high-index portion’s second preset index value is at the end of the data portion. In other words, before or after the data portion.
Regarding the art rejection applicant's arguments filed 11-12-2025 have been fully considered but they are not persuasive.
Please note that whether a teaching is presented as an option or not, the reference is still teaching the argued limitation; thereby, it is not a persuasive argument. For example, one of multiple possible interpretations is when Wilhelmsson discloses the WUS with a header that include the address [predefined sequence] of the intended receiver (see par. 0232); thereby, reading in the limitation switching from a sleep state to a working state in response to detecting that a header of a symbol of a first type is a predefined sequence.
The rest of the arguments they fall for the same reasons as shown above. The rejection of record stands.
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 (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.
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, 3, 5, 18-19, 21 and 23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wilhelmsson 20200267651.
As to claim 1, Wilhelmsson discloses a method for data transmission [see abstract], comprising: switching from a sleep state to a working state [see fig. 6, step 650] (see par. 0128) in response to detecting that a header of a symbol of a first type (see par. 0211, 0234) is a predefined sequence [WUR predefined address] (see par. 0163, 0232-0233).
As to claim 3, Wilhelmsson discloses the method of claim 1, wherein the header of the symbol of the first type contains a reference signal (RS), a pilot, or a preamble [header part is a preamble since it comes before the data] (see par. 0211).
As to claim 5, Wilhelmsson discloses the method of claim 1, wherein the header of the symbol of the first type is longer than a header of a symbol other than the symbol of the first type (see fig. 12-12c; 0233, 0254).
As to claim 18, Wilhelmsson discloses a communication apparatus, comprising: a processor; a memory; and a user interface, wherein the processor, the memory, and the user interface are coupled with one another, the memory is configured to store computer programs, the computer programs comprise program instructions (see par. 0295, 0298) and the processor is configured to invoke the program instructions to: switch from a sleep state to a working state [see fig. 6, step 650] in response to detecting that a header of a symbol of a first type (see par. 0211, 0234 is a predefined sequence or signaling [particular WUS is a predefined signaling] (see par. 0163).
Regarding claims 19 and 23, are the corresponding non-transitory computer-readable storage of method claims 1 and 5. Therefore, claim 19 and 23 are rejected for the same reasons as shown above.
As to claim 21, Wilhelmsson discloses the communication apparatus of claim 18, wherein the header of the symbol of the first type contains a reference signal (RS), a pilot, or a preamble [header part is a preamble, comes before the data] (see par. 0211).
Claim Rejections - 35 USC § 103
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.
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) 6, 8 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelmsson in view of Lee 20120250801.
As to claims 6 and 24, Wilhelmsson disclose wherein the header of the symbol of the first type is a low-index portion of an input (see fig. 12-12c). Wilhelmsson fails to disclose an input of a discrete Fourier transform (DFT) module. In an analogous art, Lee discloses wherein the header of the symbol of the first type is an index portion of an input of a discrete Fourier transform (DFT) module (see par. 0020). And as indicated in the 112 rejection it is unclear what may qualify for low or high and what may be less and/or greater. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to use DFT and desired index values for the simple purpose of organizing the data as desired and maximize the finite wireless resources.
As to claim 8, Wilhelmsson discloses the method of claim 6, wherein the header of the symbol of the first type is prior to a data portion of the symbol of the first type (see fig. 12; par. 0211).
Claim(s) 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelmsson in view of Lee and further in view of Bala 20190097859.
As to claims 9 and 11, Wilhelmsson fails to disclose wherein the header of the symbol of the first type is subsequent to a data portion of the symbol of the first type. In analogous art, Bala discloses wherein the header of the symbol of the first type is a high-index portion of an input of a DFT module, wherein the high-index portion of the input of the DFT module is a portion of the input of the DFT module indicated by an index with a value greater than a second predefined index value; wherein the “header” [tail] of the symbol of the first type is subsequent to a data portion of the symbol of the first type [the present application is calling the tail as a header with high-index] (see par. 0221). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to use DFT and desired index values for the simple purpose of organizing the data as desired and maximize the finite wireless resources.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F.
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MARCOS L. TORRES
Primary Examiner
Art Unit 2647
/MARCOS L TORRES/Primary Examiner, Art Unit 2647
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