DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is responsive to communication filed on 12/21/2023. Claims 1-8 are pending for examination.
Examiner’s Note
2. 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.
Double Patenting
3. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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4. Claims 1-8 are rejected on the ground of provisional nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 10 of application No. 16/905708 (reference application), hereinafter referred to as “708” in view Lee (US 2011/0206156 A1), in view of Waters (US 2007/0253499 A1).
Instant Application
Co-Pending Application 16/905708
1. A method performed by a wireless communication device for transmitting physical layer protocol data unit (PPDU) in wireless local area network (WLAN), the method comprising:
transmitting a first symbol;
transmitting a second symbol following the first symbol;
transmitting a third symbol following the second symbol; and
transmitting a fourth symbol following the third symbol;
wherein the first symbol, the second symbol, and the third symbol are modulated using an identical modulation method; and
wherein a version of the PPDU is defined using a modulation method of the first symbol, a modulation method of the fourth symbol, and at least one bit value included in the third symbol.
1. A method for receiving a Physical layer Protocol Data Unit (PPDU) in a wireless local area network (WLAN), the method comprising:
receiving the PPDU, wherein the PPDU includes a first field and a second field; identifying the first field and the second field following the first field; the second field including a first symbol, a second symbol, and a third symbol,
identifying a type of the PPDU based on the identified first field and the identified second field, the second field including a first symbol, a second symbol, and a third symbol, indicating the type of the PPDU, and
5. Claims 1-8 are rejected on the ground of provisional nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 10 of application No. 16/905708, hereinafter referred to as “708” in view of Lee (US 2011/0206156 A1).
Regarding Claim 1 and 5, claims 1 and 10 of the “16/905708” does not recite transmitting a fourth symbol following the third symbol; wherein the first symbol, the second symbol, and the third symbol are modulated using an identical modulation method; and
However, in an analogous art, Lee recites transmitting a fourth symbol following the third symbol ([0093], receiving terminal receives a transmitted {by transmitting terminal--abstract} packet; wherein [0092], Fig. 15- the packet includes 1st, 2nd, 3rd and 4th symbols, respectively.) (Hence it is obvious, the transmitting terminal transmits 4th symbol following the 3rd symbol.);
wherein the first symbol, the second symbol, and the third symbol are modulated using an identical modulation method (BPSK) (see Fig. 16, [0094]-[0097]; wherein the 1st, 2nd and 3rd symbol are same BPSK modulated, when format of the packet is legacy.); and
It would have been obvious to one having ordinary skill in the art at the time the invention was made to take the teaching of Lee and apply them in the claim 1 and 10 of the “16/905708” to improve throughput (Lee; [0116]).
Regarding claims 2 and 6, claims 1 and 10 of the “16/905708” does not recite wherein the first symbol is modulated using binary phase-shift keying (BPSK) scheme.
However, in an analogous art, Lee teaches wherein the first symbol is modulated using binary phase-shift keying (BPSK) scheme (Fig. 16, [0094], 1st symbol is modulated using BPSK.).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to take the teaching of Lee and apply them in the claim 1 and 10 of the “16/905708” to improve throughput (Lee; [0116]).
Regarding claims 3 and 7, claims 1 and 10 of the “16/905708” does not recite wherein the first symbol corresponds to Legacy-Signal (L-SIG) field.
However, in an analogous art, Lee teaches wherein the first symbol corresponds to Legacy-Signal (L-SIG) field ([0092], 1st symbol is legacy signal field(L-SIG).).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to take the teaching of Lee and apply them in the claim 1 and 10 of the “16/905708” to improve throughput (Lee; [0116]).
Regarding claims 4 and 8, claims 1 and 10 of the “16/905708” does not recite wherein the PPDU includes a Legacy-Short Training (Legacy-Short Training) filed, and a Legacy-Long Training (L-LTF) field before the first symbol.
However, in an analogous art, Lee teaches wherein the PPDU (packet) includes a Legacy-Short Training (Legacy-Short Training) filed, and a Legacy-Long Training (L-LTF) field before the first symbol(L-SIG) (see Fig. 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to take the teaching of Lee and apply them in the claim 1 and 10 of the “16/905708” to improve throughput (Lee; [0116]).
6. Claims 1 and 5 are rejected on the ground of provisional nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 10 of application No. 16/905708, hereinafter referred to as “708” in view of Waters (US 2007/0253499 A1).
Regarding Claim 1 and 5, claims 1 and 10 of the “16/905708” does not recite wherein a version of the PPDU is defined using a modulation method of the fourth symbol, and at least one bit value included in the third symbol.
However, in an analogous art, Waters teaches wherein a version (type/format—[0006]) of the PPDU(packet) is defined using a modulation method(rotated-BPSK) of the fourth(6th--considered) symbol, and at least one bit value included in the third(5th--considered) symbol ([0024], a Mixed-Mode packet type is determined by detecting if bits in RATE field of 5th OFDM symbol are [1 1 0 1] and detecting if 6th OFDM symbol is modulated by rotated-BPSK.)(Hence a Mixed-Mode packet version is defined using rotated-BPSK modulation of the 4th symbol and bit value included in the 3rd symbol. ).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to take the teaching of Waters and apply them in the claim 1 and 10 of the “16/905708” to improve performance in terms of increased reliability, range, and capacity of data transmission (Waters; [0005]).
Claim Rejections - 35 USC § 103
7. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
8. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2011/0206156 A1) in view of Waters (US 2007/0253499 A1).
Regarding claims 1 and 5, Lee teaches a method performed by a wireless communication device (transmitting terminal) for transmitting physical layer protocol data unit (PPDU) (packet—Fig. 15; [0092]) in wireless local area network (WLAN) ([0005]), the method comprising:
transmitting a first symbol ([0093], receiving terminal receives a transmitted {by transmitting terminal--abstract} packet; wherein [0092], Fig. 15- the packet includes 1st, 2nd, 3rd and 4th symbols, respectively.) (Hence it is obvious, the transmitting terminal transmits 1st symbol.);
transmitting a second symbol following the first symbol ([0093], receiving terminal receives a transmitted {by transmitting terminal--abstract} packet; wherein [0092], Fig. 15- the packet includes 1st, 2nd, 3rd and 4th symbols, respectively.) (Hence it is obvious, the transmitting terminal transmits 2nd symbol following the 1st symbol.);
transmitting a third symbol following the second symbol ( [0093], receiving terminal receives a transmitted {by transmitting terminal--abstract} packet; wherein [0092], Fig. 15- the packet includes 1st, 2nd, 3rd and 4th symbols, respectively.) (Hence it is obvious, the transmitting terminal transmits 3rd symbol following the 2nd symbol.); and
transmitting a fourth symbol following the third symbol ([0093], receiving terminal receives a transmitted {by transmitting terminal--abstract} packet; wherein [0092], Fig. 15- the packet includes 1st, 2nd, 3rd and 4th symbols, respectively.) (Hence it is obvious, the transmitting terminal transmits 4th symbol following the 3rd symbol.);
wherein the first symbol, the second symbol, and the third symbol are modulated using an identical modulation method (BPSK) (see Fig. 16, [0094]-[0097]; wherein the 1st, 2nd and 3rd symbol are same BPSK modulated, when format of the packet is legacy.); and
wherein a version(format) of the PPDU (packet) is defined using a modulation method(Q-BPSK) of the first symbol ([0094], Fig. 16, When the 1st symbol is modulated through Q-BPSK, format of the packet is determined as HT green field mode (HT-GF) at step S1604.) (Hence a HT-GF packet version is defined using Q-BPSK modulation of the 1st symbol.)
Lee does not teach wherein a version of the PPDU is defined using a modulation method of the fourth symbol, and at least one bit value included in the third symbol.
However, in an analogous art, Waters teaches wherein a version (type/format—[0006]) of the PPDU(packet) is defined using a modulation method(rotated-BPSK) of the fourth(6th--considered) symbol, and at least one bit value included in the third(5th--considered) symbol ([0024], a Mixed-Mode packet type is determined by detecting if bits in RATE field of 5th OFDM symbol are [1 1 0 1] and detecting if 6th OFDM symbol is modulated by rotated-BPSK.) (Hence a Mixed-Mode packet version is defined using rotated-BPSK modulation of the 4th symbol and bit value included in the 3rd symbol. ).
Since Lee already discloses a version of the PPDU is defined using a modulation method of the first symbol (as explained by the examiner above), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to have applied the additional functions disclosed by Waters to Lee to arrive the claimed invention. Doing so would merely involve the application of old and known features (e.g. a version of the PPDU is defined using a modulation method of the fourth symbol, and at least one bit value included in the third symbol disclosed by Waters) to another similar old and known disclosure (e.g. a version of the PPDU is defined using a modulation method of the first symbol disclosed by Lee) to achieve predictable results. One would be motivated as such in order to improve performance in terms of increased reliability, range, and capacity of data transmission (Waters; [0005]).
Specifically for Claim 5. Lee does not teach the wireless communication device comprising: at least one transceiver; at least one processor operably connected to the at least one transceiver, wherein the at least one processor is configured to:
However, in an analogous art, Waters teaches the wireless communication device ([0068]; [0073]) comprising:
at least one transceiver (892—Fig. 9; [0070]);
at least one processor (882-Fig. 9; [0068]) operably connected to the at least one transceiver (892—Fig. 9; [0070]) (see Fig. 9 that 882 and 892 are connected.), wherein the at least one processor is configured to:
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to take the teaching of Waters and apply them on the teaching of Lee to improve performance in terms of increased reliability, range, and capacity of data transmission (Waters; [0005]).
Regarding claims 2 and 6, Lee further teaches wherein the first symbol is modulated using binary phase-shift keying (BPSK) scheme (Fig. 16, [0094], 1st symbol is modulated using BPSK.).
Regarding claims 3 and 7, Lee further teaches wherein the first symbol corresponds to Legacy-Signal (L-SIG) field ([0092], 1st symbol is legacy signal field(L-SIG).).
Regarding claims 4 and 8, Lee further teaches wherein the PPDU (packet) includes a Legacy-Short Training (Legacy-Short Training) filed, and a Legacy-Long Training (L-LTF) field before the first symbol(L-SIG) (see Fig. 5).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEHEDI S ALEY whose telephone number is (571)270-0439. The examiner can normally be reached Mon, Thus, Fri: 9-5. 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.
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/MEHEDI S ALEY/Examiner, Art Unit 2415
/JEFFREY M RUTKOWSKI/Supervisory Patent Examiner, Art Unit 2415
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