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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2,13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 recites inter alia “…first subchannel does not overlap with a primary channel…”.
The specification is silent with respect to the newly amended limitation and therefore constitutes as new matter.
Similarly, Claim 13 recites similar features of claim 2 and therefore rejected for same reasonings as claim 2.
Claim Rejections - 35 USC § 102(a)1
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-3,9,11-13 are/is rejected under pre-AIA 35 U.S.C. 102(a)1 as being clearly anticipated by SEOK et al (US 20140086200 A1) hereinafter as SEOK.
Regarding claim(s) 1,9, 11, a station apparatus for communicating with an access point apparatus the station apparatus comprising (See Fig(s). 2 .STAs 1-4 communicating with AP) :
a receiver and a transmitter configured to transmit a request frame that configures a first subchannel for communication (See Fig(s). 18, See ¶ 199, the STA may transmit a Channel Switch Request frame to the AP over a primary channel for a first subchannel. The Channel Switch Request frame may include specific information indicating which sub-channel is selected by the STA.),
wherein in a case that the receiver receives a response frame that indicates to accept configuration of the first subchannel, the receiver communicates using the first subchannel (See ¶ 199-200, The AP having received the Channel Switch Request frame may transmit a channel switch response frame to the STA over a primary channel.. The STA and AP having successfully transmitted/received the channel switch request frame and the channel switch response frame may move (or switch) to the selected sub-channel.).
Further with respect to claim 9, the transmitter/receiver of AP (See Fig(s). 2 AP and STAs 1-4, perform the mirrored steps of claim 1).
Regarding claim(s) 2,13, SEOK discloses The station apparatus according to claim 1, wherein first subchannel does not overlap with primary channel (See ¶ 17, primary channel is separate from subchannel).
Regarding claim(s) 3,12, SEOK discloses wherein a subchannel configured differently for each station apparatus (See Fig(s). 15, See ¶ 198-202, the STA may transmit a Channel Switch Request frame to the AP over a primary channel. The Channel Switch Request frame may include specific information indicating which sub-channel is selected by the STA. The AP having received the Channel Switch Request frame may transmit a channel switch response frame to the STA over a primary channel…the sub-channel switch is interpreted as a second sub channel for transmission form STA to AP which different from the first sub-channel).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3,9,11-13 have been considered but are moot based on new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAJ JAIN whose telephone number is (571)-272-3145. The examiner can normally be reached on M-Th 8-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached 571-272-2123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/RAJ JAIN/ Primary Examiner, Art Unit 2411