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 .
This office action is in response to the amendment filed on 09/09/2025. Claims 1-5, 7-9, 11-15, 17-19, 21-22 are pending in this application and have been considered below.
Response to Amendment
Applicant's arguments with respect to claims 1-5, 7-9, 11-15, 17-19, 21-22 have been considered but are moot in view of the new ground(s) of rejection because of the amendment changes the scope of the invention.
Applicant's arguments filed 09/09/2025 have been fully considered but they are not persuasive. The examiner thoroughly reviewed Applicant’s arguments but firmly believes that the cited reference reasonably and properly meets the claimed limitation as rejected.
Applicant’s arguments: there is no indication in Kasher that a plurality of packets comprising an acknowledgment (ACK) frame is transmitted based on the one or more antennas of the first plurality of antennas being determined to perform better than one or more other antennas of the first plurality of antennas based on the first plurality of packets received from the initiator device as claimed
The examiner’s response: Kasher discloses communication system for beamforming training wherein at the beginning of the initial MCS selection exchange 501, the initiator directionally transmits a link measurement request (LMRQ) frame 502 towards its best TX sector. If the responder receives the LMRQ frame 502, it responds by directionally transmitting an acknowledgment (ACK) frame 504 and a link measurement response (LMRSP) frame 506 towards its best TX sector. If the initiator receives the LMRSP frame 506, it responds with an LMRSP frame 508. Via this four-way handshake comprising the exchange of LMRQ frame 502, ACK frame 504, LMRSP frame 506, and LMRSP frame 508, the initiator and responder may identify an MCS to use for subsequent data transmissions ([0040]). Therefore, the examiner believes the prior art Kasher teaches the claimed invention of transmit, to the initiator device via one or more antennas of the first plurality of antennas, a second plurality of packets comprising an acknowledgement (ACK) frame, based on the one or more antennas of the first plurality of antennas being determined to perform better than one or more other antennas of the first plurality of antennas based on the first plurality of packets received from the initiator device.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-5, 11-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 11916622 in view of Kasher et al. (US 2016/0285583 A1) (Kasher herein after). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in patent 11916622 anticipated the claims in the instant application as shown in the table below. Patent 11916622 discloses the claimed invention except second plurality of packets comprising an acknowledgement (ACK) frame based on the one or more antennas of the first plurality of antennas being determined to perform better than one or more other antennas of the first plurality of antennas based on the first plurality of packets received from the initiator device. However, Kasher discloses communication system for beamforming training wherein at the beginning of the initial MCS selection exchange 501, the initiator directionally transmits a link measurement request (LMRQ) frame 502 towards its best TX sector. If the responder receives the LMRQ frame 502, it responds by directionally transmitting an acknowledgment (ACK) frame 504 and a link measurement response (LMRSP) frame 506 towards its best TX sector. If the initiator receives the LMRSP frame 506, it responds with an LMRSP frame 508. Via this four-way handshake comprising the exchange of LMRQ frame 502, ACK frame 504, LMRSP frame 506, and LMRSP frame 508, the initiator and responder may identify an MCS to use for subsequent data transmissions ([0040]). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the teaching taught by Kasher to further improve the beamforming efficiency to achieve a better beamformed signal.
Instant application
Patent 11916622
1. A station (STA) configured for beamforming (BF) training as a responder device with an initiator device, comprising: a first plurality of antennas; a transceiver, wherein the transceiver is configured to: receive, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets; and transmit, to the initiator device via one or more antennas of the first plurality of antennas, a second plurality of packets, wherein the one or more antennas of the first plurality of antennas are determined to perform better than one or more other antennas of the first plurality of antennas based on the first plurality of packets received from the initiator device.
1. A station (STA) configured for beamforming (BF) training as a responder device with an initiator device, comprising: a first plurality of antennas; a transceiver, wherein the transceiver is configured to: receive, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets transmitted over first respective transmit (TX) sectors during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS); transmit, to the initiator device via one or more antennas of the first plurality of antennas that performed better than one or more other antennas in the first plurality of antennas during the initiator BRP TXSS, a second plurality of packets during a responder BRP TXSS, wherein the second plurality of packets is configured to be transmitted from one or more antennas that performed better than one or more other antennas over one or more second respective TX sectors during the initiator BRP TXSS based on an indication that the STA is antenna reciprocal with the second plurality of antennas of the initiator device.
2. The STA of claim 1, wherein the first plurality of packets is received during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS) and the second plurality of packets is transmitted during a responder beam refinement procedure (BRP) transmit sector sweep (TXSS).
1. A station (STA) configured for beamforming (BF) training as a responder device with an initiator device, comprising: a first plurality of antennas; a transceiver, wherein the transceiver is configured to: receive, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets transmitted over first respective transmit (TX) sectors during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS); transmit, to the initiator device via one or more antennas of the first plurality of antennas that performed better than one or more other antennas in the first plurality of antennas during the initiator BRP TXSS, a second plurality of packets during a responder BRP TXSS, wherein the second plurality of packets is configured to be transmitted from one or more antennas that performed better than one or more other antennas over one or more second respective TX sectors during the initiator BRP TXSS based on an indication that the STA is antenna reciprocal with the second plurality of antennas of the initiator device.
3. The STA of claim 1, wherein the first plurality of packets is transmitted over first respective transmit (TX) sectors and wherein the second plurality of packets is transmitted over one or more second respective transmit (TX) sectors.
1. A station (STA) configured for beamforming (BF) training as a responder device with an initiator device, comprising: a first plurality of antennas; a transceiver, wherein the transceiver is configured to: receive, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets transmitted over first respective transmit (TX) sectors during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS); transmit, to the initiator device via one or more antennas of the first plurality of antennas that performed better than one or more other antennas in the first plurality of antennas during the initiator BRP TXSS, a second plurality of packets during a responder BRP TXSS, wherein the second plurality of packets is configured to be transmitted from one or more antennas that performed better than one or more other antennas over one or more second respective TX sectors during the initiator BRP TXSS based on an indication that the STA is antenna reciprocal with the second plurality of antennas of the initiator device.
4. The STA of claim 3, wherein the first plurality of packets comprises a first plurality of sector sweep (SSW) frames.
4. The STA of claim 1, wherein the transceiver is further configured to receive, from the initiator device, an SSW feedback (SSW FB) frame including a value indicating the TX sectors from among the second respective TX sectors, and wherein the SSW FB frame comprises a short SSW FB frame.
5. The STA of claim 4, wherein the first plurality of packets comprises an SSW feedback (FB) frame including a value indicating the TX sectors as received by the initiator device.
4. The STA of claim 1, wherein the transceiver is further configured to receive, from the initiator device, an SSW feedback (SSW FB) frame including a value indicating the TX sectors from among the second respective TX sectors, and wherein the SSW FB frame comprises a short SSW FB frame.
11. A method performed in a station (STA) for beamforming (BF) training as a responder device with an initiator device, comprising: receiving, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets; and transmitting, to the initiator device via one or more antennas of the first plurality of antennas, a second plurality of packets, wherein the one or more antennas of the first plurality of antennas are determined to perform better than one or more other antennas of the first plurality of antennas based on the first plurality of packets received from the initiator device.
17. A method performed in a station (STA) for beamforming (BF) training with an initiator device, the station (STA) acting as a responder device and comprising a first plurality of antennas and a transceiver, the method comprising: receiving, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets transmitted over first respective transmit (TX) sectors during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS); transmitting, to the initiator device, via one or more antennas of the first plurality of antennas that performed better than one or more other antennas in the first plurality of antennas during the initiator BRP TXSS, a second plurality of packets during a responder BRP TXSS, wherein second plurality of packets is configured to be transmitted from one or more antennas that performed better than one or more other antennas over one or more second respective TX sectors during the initiator BRP TXSS based on an indication that the STA is antenna reciprocal with the second plurality of antennas of the initiator device.
12. The method of claim 11, further comprising receiving the first plurality of packets during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS) and transmitting the second plurality of packets during a responder beam refinement procedure (BRP) transmit sector sweep (TXSS).
17. A method performed in a station (STA) for beamforming (BF) training with an initiator device, the station (STA) acting as a responder device and comprising a first plurality of antennas and a transceiver, the method comprising: receiving, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets transmitted over first respective transmit (TX) sectors during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS); transmitting, to the initiator device, via one or more antennas of the first plurality of antennas that performed better than one or more other antennas in the first plurality of antennas during the initiator BRP TXSS, a second plurality of packets during a responder BRP TXSS, wherein second plurality of packets is configured to be transmitted from one or more antennas that performed better than one or more other antennas over one or more second respective TX sectors during the initiator BRP TXSS based on an indication that the STA is antenna reciprocal with the second plurality of antennas of the initiator device.
13. The method of claim 11, further comprising receiving the first plurality of packets over first respective transmit (TX) sectors and transmitting the second plurality of packets over one or more second respective transmit (TX) sectors.
17. A method performed in a station (STA) for beamforming (BF) training with an initiator device, the station (STA) acting as a responder device and comprising a first plurality of antennas and a transceiver, the method comprising: receiving, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets transmitted over first respective transmit (TX) sectors during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS); transmitting, to the initiator device, via one or more antennas of the first plurality of antennas that performed better than one or more other antennas in the first plurality of antennas during the initiator BRP TXSS, a second plurality of packets during a responder BRP TXSS, wherein second plurality of packets is configured to be transmitted from one or more antennas that performed better than one or more other antennas over one or more second respective TX sectors during the initiator BRP TXSS based on an indication that the STA is antenna reciprocal with the second plurality of antennas of the initiator device.
14. The method of claim 13, wherein the first plurality of packets comprises a first plurality of sector sweep (SSW) frames.
20. The method of claim 17, wherein the transceiver is further configured to receive, from the initiator device, an SSW feedback (SSW FB) frame including a value indicating the TX sectors from among the second respective TX sectors, and wherein the SSW FB frame comprises a short SSW FB frame.
15. The method of claim 14, wherein the first plurality of packets comprises an SSW feedback (FB) frame including a value indicating the TX sectors as received by the initiator device.
20. The method of claim 17, wherein the transceiver is further configured to receive, from the initiator device, an SSW feedback (SSW FB) frame including a value indicating the TX sectors from among the second respective TX sectors, and wherein the SSW FB frame comprises a short SSW FB frame.
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) 1-5, 11-15, 21-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kasher et al. (US 2016/0285583 A1) (Kasher herein after).
Re Claims 1 and 11, Kasher discloses a station (STA) configured for beamforming (BF) training as a responder device (responder, Figure 2A) with an initiator device (initiator, Figure 2A) and a method performed in a station (STA) for beamforming (BF) training as a responder device with an initiator device, comprising:
a first plurality of antennas (array antennas, [0041]);
a transceiver (transceiver [0100]), wherein the transceiver is configured to:
receive, via the first plurality of antennas from a second plurality of antennas of the initiator device, a first plurality of packets (the initiator may transmit a plurality of sector sweep frames, each using the best initiator TX sector identified during transmit sector training phase 201. In some embodiments, the responder may monitor a different respective receive (RX) sector during the transmission of each such sector sweep frame, and may measure a respective level of quality with which it receives each sector sweep frame that it successfully receives. In various embodiments, the responder may identify a sector sweep frame received with a highest level of quality, and identify a responder RX sector being monitored at the time of receipt of that sector sweep frame as a best responder RX sector [0028]); and
transmit, to the initiator device via one or more antennas of the first plurality of antennas, a second plurality of packets (responder may send a series of sector sweep frames during a responder RXSS 228 [0029]) comprising an acknowledgement (ACK) frame (responds by directionally transmitting an acknowledgment (ACK) frame 504 and a link measurement response (LMRSP) frame 506 towards its best TX sector [0040]), based on the one or more antennas of the first plurality of antennas being determined to perform better than one or more other antennas of the first plurality of antennas based on the first plurality of packets received from the initiator device (during the responder RXSS 228, the responder may transmit a plurality of sector sweep frames, each using the best responder TX sector identified during transmit sector training phase 201 [0029], the initiator directionally transmits a link measurement request (LMRQ) frame 502 towards its best TX sector. If the responder receives the LMRQ frame 502, it responds by directionally transmitting an acknowledgment (ACK) frame 504 and a link measurement response (LMRSP) frame 506 towards its best TX sector [0040]).
Re Claims 2 and 12, Kasher discloses the STA of claim 1 and the method of claim 11, wherein the first plurality of packets is received during an initiator beam refinement procedure (BRP) transmit sector sweep (TXSS) and the second plurality of packets is transmitted during a responder beam refinement procedure (BRP) transmit sector sweep (TXSS) (initiator and responder exchange beam refinement (BR) frames 252, 254, 256, 258, 260, and 262 during beam refinement phase 251. In various embodiments, the initiator and responder may use the various beam refinement frames 252, 254, 256, 258, 260, and 262 to request beam refinement receive training from each other and to provide beam refinement receive training to each other in response to such requests [0030]).
Re Claims 3 and 13, Kasher discloses the STA of claim 1 and the method of claim 11, wherein the first plurality of packets is transmitted over first respective transmit (TX) sectors (initiator TXSS 206, the initiator may transmit a plurality of sector sweep frames, each using a respective one of a plurality of initiator transmit (TX) sectors [0025]) and wherein the second plurality of packets is transmitted over one or more second respective transmit (TX) sectors (responder TXSS 208, the responder may transmit a plurality of sector sweep frames, each using a respective one of a plurality of responder TX sectors [0026]).
Re Claims 4 and 14, Kasher discloses the STA of claim 3 and the method of claim 13, wherein the first plurality of packets comprises a first plurality of sector sweep (SSW) frames (initiator TXSS 206, the initiator may transmit a plurality of sector sweep frames, each using a respective one of a plurality of initiator transmit (TX) sectors [0025]).
Re Claims 5 and 15, Kasher discloses the STA of claim 4 and the method of claim 14, wherein the first plurality of packets comprises an SSW feedback (FB) frame including a value indicating the TX sectors as received by the initiator device (following responder RXSS 228, the initiator may send a sector sweep feedback frame 230. In some embodiments, the sector sweep feedback frame 230 may indicate the level of quality corresponding to the best initiator RX sector as determined during responder RXSS 228 [0029]).
Re Claim 21, Kasher discloses the STA of claim 1, wherein the transceiver is configured to transmit, to the initiator device of antennas from the second plurality of antennas of the initiator device, the second plurality of packets in response to receiving the first plurality of packets (following responder RXSS 228, the initiator may send a sector sweep feedback frame 230. In some embodiments, the sector sweep feedback frame 230 may indicate the level of quality corresponding to the best initiator RX sector as determined during responder RXSS 228 [0029]).
Re Claim 22, Kasher discloses the method of claim 11, wherein transmitting, to the initiator device via the one or more antennas of the first plurality of antennas, the second plurality of packets comprises transmitting, to the initiator device via the one or more antennas of the first plurality of antennas, the second plurality of packets in response to receiving the first plurality of packets (following responder RXSS 228, the initiator may send a sector sweep feedback frame 230. In some embodiments, the sector sweep feedback frame 230 may indicate the level of quality corresponding to the best initiator RX sector as determined during responder RXSS 228 [0029]).
Allowable Subject Matter
Claims 7-9, 17-19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 KENNETH T LAM whose telephone number is (571)270-1862. The examiner can normally be reached M-F 8:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S. Wang can be reached at (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH T LAM/Primary Examiner, Art Unit 2631