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 Amendment/Remarks
This communication is considered fully responsive to the amendment filed on 06/30/2026.
Claims 1-5, 7-15, 17-20 are pending and are examined in this office action.
Claims 1, 8-9, 11, 18-19 have been amended.
No new claim has been added and claims 6, 16 have been canceled.
Response to Arguments
Applicant’s arguments, filed on 06/30/2026 , with respect to claims have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. The Examiner found features modified to claims, i.e claim 1 as
“1. (Currently Amended) A method, comprising:
generating, by a processor of an apparatus, a distributed-tone resource unit (dRU) of 52 tones or more using a 26-tone dRU as a building block; and
performing, by the processor, a wireless communication in a 160MHz distribution bandwidth with the dRU,
wherein parameters of the dRU used in the wireless communication in the 160MHz distribution bandwidth are two times scaled up from corresponding parameters of the dRU used in wireless communications in an 80MHz bandwidth,
wherein the parameters of the dRU used in the wireless communication in the 160MHz distribution bandwidth comprise a periodicity or repetition period (Np) and a dRU tone separation distance (DiA), and
wherein a hierarchical structure for distributed-tone resource units is preserved in the 160MHz distribution bandwidth.”
that have changed the scope of the invention, Therefore, Applicant’s remarks regarding rejection under 35 U.S.C 103 for the claims are moot. Applicant's remarks are considered as forward looking statement for the newly reconstructed claims.
In view of the applicant’s amendment to the claims, the examiner has clarified and remapped the rejection to the argued claim limitations in details, using the prior art of record in the current prosecution of the claims as well a new prior art. See CAO et al. (US 20220416988 A1; hereinafter as “CAO”).
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Provisional Application No. 63376632 (filed on 09/22/2022), fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. See MPEP § 211.05(I)(A).
In particular, the examiner fails to find support for “wherein a hierarchical structure for distributed-tone resource units is preserved in the 160MHz distribution bandwidth” as required by independent claims 1, 11. The applicant must show where the examiner can find full support of independent claim 1 in the provisional application including above limitation. Until then, effective filling date (EFD) of this application is the filling date of the application which is 09/21/2023.
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 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.
Claims 1-5, 10-15, 20 are rejected under 35 U.S.C. 103 as being unpatentable over SHELLHAMMER et al. (US 20230035113 A1; hereinafter as “SHELLHAMMER”) in view of CAO et al. (US 20220416988 A1; hereinafter as “CAO”).
Examiner’s note: in what follows, references are drawn to SHELLHAMMER unless otherwise mentioned.
With respect to independence claim:
Regarding claim 11, SHELLHAMMER teaches, An apparatus (==AP in Fig. 6, Also Fig. 4: AP 402 ), comprising:
a transceiver configured to communicate wirelessly (see fig. 3: Radio 304 Also Fig. 4: External Network Interface ); and
a processor coupled to the transceiver and configured to perform operations (see fig. 3 where processor and Radio are interconnected : [0056]-[0058]; also processor and radio are interconnected: [0063]) comprising:
generating a distributed-tone resource unit (dRU) of 52 tones or more using a 26-tone dRU as a building block (see fig. 19 element 1910, “ in block 1910 with allocating (==generating ) a plurality of RUs of a wireless channel to a plurality of STAs, respectively, for a TB PPDU. The plurality of RUs may include one or more dRUs.” [0136]; ”: Trigger frames includes distributed Resource Unit Allocations for STA, see fig. 6 element 610; trigger frame carriers distributed RU” (or dRU) : [0065], “ a trigger frame that carries RU allocation information and tone mapping information indicating that the RU allocation information includes distributed resource units (dRUs) associated with a selected spreading bandwidth design”: [0077], each dRU can be 26, 52 etc “Each dRU may be associated with a number (N) of noncontiguous tones (such as 26, 52, 52+26, 106, 106+26, 242 or 484 tones). The N noncontiguous tones are distributed throughout a spreading bandwidth (such as 20 MHz (242 usable tones), 40 MHz (484 usable tones), or 80 MHz (996 usable tones)” : [0071]; “ , PPDUs (==trigger frames ) may be transmitted over physical channels having bandwidths of 40 MHz, 80 MHz, 160 or 320 MHz by bonding together multiple 20 MHz channels.”: [0050]; “ In some implementations, the example tone plan 700 for an 80 MHz channel may be duplicated to achieve a higher channel bandwidth (such as 160 MHz, 240 MHz, or 320 MHz bandwidth channels in which each 80 MHz portion implements the example tone plan 700). ”: [0067]]; “ The AP can support channel puncturing by indicating a particular spreading bandwidth design for the wireless channel or subchannel. Each dRU may be associated with a number (N) of noncontiguous tones (such as 26, 52, 52+26, 106, 106+26, or 242, 484 tones)”: [0077] ); and
performing, via the transceiver, a wireless communication in a 160MHz distribution bandwidth with the dRU (see fig. 19: “ the process 1900 begins in block 1910 with allocating a plurality of RUs of a wireless channel to a plurality of STAs, respectively, for a TB PPDU. The plurality of RUs may include one or more dRUs.”: “ In block 1920, the process 1900 proceeds transmitting, via the wireless channel to the plurality of STAs, a trigger frame that carries RU allocation information indicating the plurality of RUs and carries tone mapping information indicating at least a first spreading bandwidth design for the one or more dRUs, the one or more dRUs mapped to respective sets of noncontiguous tones in accordance with the first spreading bandwidth design.”:[0136]- [0137]; “PPDUs (==trigger frames ) may be transmitted over physical channels having bandwidths of 40 MHz, 80 MHz, 160 Mhz ”: [0050], [[067]);
wherein parameters of the dRU used in the wireless communication in the 160MHz distribution bandwidth are two times scaled up from corresponding parameters of the dRU used in wireless communications in an 80MHz bandwidth ( “: For example, PPDUs may be transmitted over physical channels having bandwidths of 40 MHz, 80 MHz, 160 or 320 MHz by bonding together multiple 20 MHz channels.”: [0050]; NOTE: to make 160 Mhz bandwidth , we can have 2 of 80Mhz bandwidth; “ the example tone plan 700 for an 80 MHz channel may be duplicated to achieve a higher channel bandwidth (such as 160 MHz, 240 MHz, or 320 MHz bandwidth channels in which each 80 MHz portion implements the example tone plan 700).”: [0067]; to make 160 Mhz, we need two of 80 Mhz).
While SHELLHAMMER teaches, “wherein parameters of the dRU used in the wireless communication in the 160MHz distribution bandwidth are two times scaled up from corresponding parameters of the dRU used in wireless communications in an 80MHz bandwidth”;
SHELLHAMMER does not expressively disclose:
wherein the parameters of the dRU used in the wireless communication in the 160MHz distribution bandwidth comprise a periodicity or repetition period (Np) and a dRU tone separation distance (Dtd), and
wherein a hierarchical structure for distributed-tone resource units is preserved in the 160MHz distribution bandwidth.
CAO, in the same field of endeavor, discloses:
wherein the parameters of the dRU used in the wireless communication in the 160MHz distribution bandwidth comprise a periodicity or repetition period (Np) and a dRU tone separation distance (Dtd) ( “ In some embodiments, the 20 MHz channels may be aggregated to form a segment (e.g., an 80 MHz segment or a 160 MHz segment). ”: [0036]; “ In addition, a distributed RU (dRU) tone mapper 208 may receive the modulated signal, and then map or distribute the modulated signal onto a disjoint set of data/pilot subcarriers within an spreading bandwidth that corresponding to the RU in the signal bandwidth. As described herein, the signal bandwidth may refer to a transmission bandwidth of a PPDU (e.g., PPDU bandwidth). Examples of the signal bandwidth may include 20 MHz, 40 MHz, 80 MHz, 160 MHz, 320 MHz, or more than 320 MHz”: [0042]; aforesaid 160Mhz bandwidth comprises “ In addition, the entire preamble may be duplicated across a 20 MHz portion (==160Mhz in claim ), such that there may be preamble repetition” : [0053]; PPDU (==160Mhz dBW in claim ) may includes repettion pattern : [0132] and tone separator/disjoin : [0054]; [0058]) and
wherein a hierarchical structure for distributed-tone resource units is preserved in the 160MHz distribution bandwidth ( “a dRU may be defined as a set of distributed subcarriers within a certain frequency unit, such that data corresponding to the dRU may be encoded and modulated as one RU. The six fields of the 20 MHz (==160Mhz in claim since 160Mhz is multiple of 20 Mhz ) preamble portion 302 are implemented as a first field 302-1 (shown as including Legacy-Preamble field (L-Preamble)), a second field 302-2 (shown as including Repeated Legacy Signal field (RL-SIG)), a third field 302-3 (shown as including Universal Signal field (U-SIG)), a fourth field 302-4 (shown as including EHT Signal field (EHT-SIG)), a fifth field 302-5 (shown as including EHT-Short Training field (EHT-STF)) that may be loaded onto a dRU, and a sixth field 302-6 (shown as including EHT-Long Training field (EHT-LTF)) that may be loaded onto a dRU. In some embodiments, “duplicated” may imply that the contents (e.g., data, information, bits, etc.) of each field for a 20 MHz channel are duplicated across the signal bandwidth and/or are the same for each corresponding field in other 20 MHz channels of the PPDU. For example, the contents of the first field 302-1 (shown as L-Preamble) in a first 20 MHz channel (shown by the first row) of the PPDU 300-2 may be repeated and/or the same as the contents of the first field in a second 20 MHz channel (shown by the second row), a third 20 MHz channel (shown by the third row), a fourth 20 MHz channel (shown by the fourth row), and/or other 20 MHz channels (not shown) included in the signal bandwidth of the PPDU.”: [0047].
Therefore, 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 teaching of AAAAA to include the above recited limitations as taught by CAO. The suggestion/motivation would be to improve up-link (UL) transmissions and down-link (DL) transmissions.: (CAO; [0058]).
Regarding claim 1, the claim is interpreted and rejected for the same reason as set forth in claim 11
With respect to dependence claim:
Regarding claim 2, SHELLHAMMER in view of CAO teaches claim 1 as shown above. Furthermore, SHELLHAMMER teaches, The method of Claim 1, wherein the dRU comprises a 106-tone dRU built from corresponding two 52-tone dRUs, or four 26-tone dRUs, with two extra padding tones, and wherein each of the corresponding two 52-tone dRUs is built from corresponding two 26-tone dRUs (see fig. 7 where 106 tone is two 52-tones or 4 26-tones: “ FIG. 7 also shows example 26-tone, 52-tone, 106-tone, 242-tone, and 484-tone rRUs that may be allocated to different users.”: [0068]; [0077]; See Fig. 7 106 tone has two 52 notes with NULL carriers, so it is 52x2=104 tones plus 2 NULL as padding).
Regarding claim 3, SHELLHAMMER in view of CAO teaches claim 1 as shown above. Furthermore, SHELLHAMMER teaches The method of Claim 1, wherein the dRU comprises a 242-tone dRU built from corresponding two 106-tone dRUs and one 26-tone dRU with four extra padding tones, wherein each of the corresponding two 106-tone dRUs is built from corresponding two 52-tone dRUs, or four 26-tone dRUs, with two extra padding tones, and wherein each of the corresponding two 52-tone dRUs is built from corresponding two 26-tone dRUs (see paragraphs [0068], [0077], fig. 7 see Fig. 18 NULL padding : [0133]; NOTE: 106 x 2 +1x26=238 tones, 242-238=4, to to make 242 tones, it requires to have 4 extra NULL padding).
Regarding claim 4, SHELLHAMMER in view of CAO teaches claim 1 as shown above. Furthermore, SHELLHAMMER teaches The method of Claim 1, wherein the dRU comprises a 484-tone dRU built from corresponding two 242-tone dRUs, wherein each of the corresponding two 242-tone dRUs is built from corresponding two 106-tone dRUs and one 26-tone dRU with four extra padding tones, wherein each of the corresponding two 106-tone dRUs is built from corresponding two 52-tone dRUs, or four 26-tone dRUs, with two extra 25
padding tones, and wherein each of the corresponding two 52-tone dRUs is built from corresponding two 26-tone dRUs (see paragraphs 0068,0077; NOTE: 242 x 2 =484 tones, where each 106-tones are 106 tone has two 52 notes with NULL carriers, so it is 52x2=104 tones plus 2 NULL as padding).
Regarding claim 5, SHELLHAMMER in view of CAO teaches claim 1 as shown above. Furthermore, SHELLHAMMER teaches ,The method of Claim 1, wherein the dRU comprises a 996-tone dRU built from corresponding two 484-tone dRUs and one 26-tone dRU with twenty-eight extra padding tones, wherein each of the corresponding two 484-tone dRUs is built from corresponding two 242-tone dRUs, wherein each of the corresponding two 242- tone dRUs is built from corresponding two 106-tone dRUs and one 26-tone dRU with four extra padding tones, wherein each of the corresponding two 106-tone dRUs is built from corresponding two 52-tone dRUs, or four 26-tone dRUs, with two extra padding tones, and wherein each of the corresponding two 52-tone dRUs is built from corresponding two 26-tone dRUs (“Each dRU may be associated with a number (N) of noncontiguous tones (such as 26, 52, 52+26, 106, 106+26, 242 or 484 tones). The N noncontiguous tones are distributed throughout a spreading bandwidth (such as 20 MHz (242 usable tones), 40 MHz (484 usable tones), or 80 MHz (996 usable tones)).”: [0077]; “The example tone plan 700 also may unused subcarriers (such as a guard band, edge tones, DC subcarriers or null subcarriers) that are excluded from rRUs.”: [0067]; see fig. 18: extra padding in trigger frame : [0133]; NOTE: see fig. 7: 52 tones equals 2 of 26-ones; 106 tones equals, two of 52 tones plus 2 NULL padding. 242 tones equals 106x2+1x26=238 tones , need extra 4 NULL Padding to make it 242-tones; 484 tones equals ; 2x242=484 tones; 996 tones equal 2X484+xx26= 994 tones, need extra 2 NULL tones).
Regarding claim 10, SHELLHAMMER in view of CAO teaches claim 1 as shown above. Furthermore, SHELLHAMMER teaches , the method of Claim 1, wherein a tone plan of the dRU comprises a distribution pattern repeated four times and a non-repeatable pattern, and wherein in a frequency domain:
the non-repeatable pattern is to a right side of the distribution pattern repeated four times; or the non-repeatable pattern is between the distribution pattern repeated three times on a left side thereof and the distribution pattern repeated one time on a right side thereof; or the non-repeatable pattern is between the distribution pattern repeated two times on the left side thereof and the distribution pattern repeated two times on the right side thereof (“ A tone plan may specify subcarrier indices in a frequency spectrum. A “regular RU” (or rRU) refers to a type of RU that maps to contiguous tones in the tone plan. A “distributed RU” (or dRU) refers to a type of RU that maps to noncontiguous tones spanning a spreading bandwidth. Depending on whether an RU is allocated as a rRU or a dRU, the locations of tones for the RU may be contiguous or noncontiguous, respectively,”: [0065]; “ In some implementations, the example tone plan 700 for an 80 MHz channel may be duplicated to achieve a higher channel bandwidth (such as 160 MHz, 240 MHz, or 320 MHz bandwidth channels in which each 80 MHz portion implements the example tone plan 700). The example tone plan 700 also may unused subcarriers (such as a guard band, edge tones, DC subcarriers or null subcarriers) that are excluded from rRUs.”: [0067]; See fig. 7: “ The two additional signaling bits may be obtained without changing the format of the user information field 1432 by re-purposing an existing subfield (or redefining values for unused modes in that subfield). For example, if MU MIMO is not supported to transmit with dRU, then B26-B31 (SS Allocation subfield) can be reinterpreted as 2 bits for spreading bandwidth and 4 bits for number of streams (Nss) indication.”: [0121]).
Regarding claim 12, the claim is interpreted and rejected for the same reason as set forth in claim 2.
Regarding claim 13, the claim is interpreted and rejected for the same reason as set forth in claim 3.
Regarding claim 14, the claim is interpreted and rejected for the same reason as set forth in claim 4.
Regarding claim 15, the claim is interpreted and rejected for the same reason as set forth in claim 5.
Regarding claim 20, the claim is interpreted and rejected for the same reason as set forth in claim 10.
Claims 7-9, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over SHELLHAMMER in view of CAO and further in view of GONG et al. (US 20240357520 A1; hereinafter as “GONG”).
Regarding claim 7, SHELLHAMMER in view of CAO teaches claim 1 as above. SHELLHAMMER in view of CAO do not expressively teaches, The method of Claim 1 , wherein, for the wireless communication in the 160MHz distribution bandwidth, Np = 72 and Dtd = 16, 8 and 4 for the 106-tone dRU, the 242-tone dRU and the 484-tone dRU, respectively.
GONG , in the same field of endeavor, discloses:
the method of Claim 6, wherein, for the wireless communication in the 160MHz distribution bandwidth, Np = 72 and Dtd = 16, 8 and 4 for the 106-tone dRU, the 242-tone dRU and the 484-tone dRU, respectively (when distribution bandwidth, (dRU) is 160 Mhz, k valur or peretion period is 72 : [0055]; “ the DRU is 160 MHz, the bandwidth may include 2,048 tones with a tone spacing of 78.125 kHz. If a 26-tone DRU is used as a minimum DRU, the 2,048 tones may be divided into 72 (that is, a value of k is 72) 26-tone DRUs (that is, each DRU includes 26 tones). In addition, each 26-tone DRU includes 24 data tones, and a spacing between any two tones among the 24 tones is greater than or equal to 2, to improve a discrete degree of the tones.”: [0061]).
Therefore, 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 teaching of SHELLHAMMER in view of CAO to include the above recited limitations as taught by GONG. The suggestion/motivation would be to increase the transmit power of the STA to obtain a higher gain without increasing the power spectral density: (GONG; [0005]).
Regarding claim 8, SHELLHAMMER in view of CAO teaches claim 6 as above. SHELLHAMMER in view of CAO do not expressively teaches, The method of Claim 6, wherein, for the wireless communication in the 160MHz distribution bandwidth, Np = 72 and a tone plan of the dRU is uniformly distributed in an event that the dRU comprises a 242-tone dRU, a 484-tone dRU or a 996-tone dRU.
GONG , in the same field of endeavor, discloses:
The method of Claim 6, wherein, for the wireless communication in the 160MHz distribution bandwidth, Np = 72 and a tone plan of the dRU is uniformly distributed in an event that the dRU ( when distribution bandwidth, (dRU) is 160 Mhz, k valur or peretion period is 72 : [0055]; “ the DRU is 160 MHz, the bandwidth may include 2,048 tones with a tone spacing of 78.125 kHz. If a 26-tone DRU is used as a minimum DRU, the 2,048 tones may be divided into 72 (that is, a value of k is 72: [0061[); ” When the bandwidth is 160 MHz, the entire bandwidth (namely, 160 MHz) may be understood as replication of tone plans of two 80 MHz. The entire bandwidth (namely, 160 MHz) includes two 996-tone RUs, or any combination of 26-tone RUs, 52-tone RUs, 106-tone RUs, 242-tone RUs, 484-tone RUs, and 996-tone RUs. When the bandwidth is 320 MHz, the entire bandwidth (namely, 320 MHz) may be understood as replication of a tone plan of four 80 MHz.”: [0133]).
Therefore, 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 teaching of SHELLHAMMER in view of CAO to include the above recited limitations as taught by GONG . The suggestion/motivation would be to increase the transmit power of the STA to obtain a higher gain without increasing the power spectral density: (GONG; [0005]).
Regarding claim 9, SHELLHAMMER in view of CAO teaches claim 6 as above. SHELLHAMMER in view of CAO do not expressively teaches, The method of Claim 6, wherein, for the wireless communication in the 160MHz distribution bandwidth, Np = 74 .
GONG , in the same field of endeavor, discloses:
The method of Claim 6, wherein, for the wireless communication in the 160MHz distribution bandwidth, Np = 74 ( “ the bandwidth occupied by the DRU is 160 MHz; ”: [0055]; “ Based on the foregoing technical solution, when the bandwidth occupied by the DRU is 160 MHz, the bandwidth may include 2,048 tones with a tone spacing of 78.125 kHz. ”: [0061]; NOTE: tone spacing can be 78).
Therefore, 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 teaching of SHELLHAMMER in view of CAO to include the above recited limitations as taught by GONG . The suggestion/motivation would be to increase the transmit power of the STA to obtain a higher gain without increasing the power spectral density: (GONG; [0005]).
Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth in claim 7.
Regarding claim 18, the claim is interpreted and rejected for the same reason as set forth in claim 8.
Regarding claim 19, the claim is interpreted and rejected for the same reason as set forth in claim 9.
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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M MOSTAZIR RAHMAN whose telephone number is (571)272-4785. The examiner can normally be reached 8:30am-5:00pm PST.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M Mostazir Rahman/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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