Prosecution Insights
Last updated: April 19, 2026
Application No. 18/419,984

COMMUNICATION APPARATUS AND METHOD FOR CONTROLLING THE SAME, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jan 23, 2024
Examiner
FENNER, RAENITA ANN
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Canon Kabushiki Kaisha
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
90%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
20 granted / 24 resolved
+25.3% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
41 currently pending
Career history
65
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
62.8%
+22.8% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 resolved cases

Office Action

§102 §103
DETAILED ACTION The action is responsive to claims filed on 01/23/2024. Claims 1-14 are pending for evaluation. Note: The claims are presented with independent claims listed first in numerical order, followed by dependent claims also in numerical order; any dual or mirror claims are grouped with the lowest-numbered claim in their respective pairing. 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 . Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 01/27/2023. It is noted, however, that applicant has not filed a certified copy of the English-version of the application as required by 37 CFR 1.55. Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Objections Claims 1, 13, and 14 are objected to because of the following informalities: The acronym OFDMA needs to spelled out on first use. The acronym IEEE needs to spelled out on first use. Appropriate correction is required. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 5, 7, 8, 10, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vijayan et al. (US 2009/0040975), Vijayan hereinafter. Regarding Claim 1, Vijayan teaches a communication apparatus that performs wireless communication compliant with an IEEE 802.11 standard, the communication apparatus comprising (Fig. 6, Para. [0060-0072]): at least one memory that stores a set of instructions (Fig. 6, element 622, Para. [0060-0072]); and at least one processor that executes the instructions, the instructions, when executed, causing the communication apparatus to perform operations comprising (Fig. 6, elements 614, 620, and 634, Para. [0060-0072]): executing allocation processing for allocating individual frequency resources to a plurality of user terminals (Fig. 5, steps 512-516; Para. [0057-0058] - [0057] FIG. 5 shows a flow diagram of an embodiment of a process 500 to allocate and assign carriers to active terminals. Initially, pertinent information regarding the transmit power of each terminal to be scheduled for data transmission is obtained (step 512)…The pertinent transmit power information may thus be provided in various forms. [0058] The maximum number of carriers that may be allocated to each terminal is then determined based on the transmit power information (e.g., based on the required and maximum transmit powers) (step 514). This may be achieved by using various schemes such as the two carrier allocation schemes described above. A specific number of carriers is then allocated to each terminal based on (1) the maximum number of carriers that may be allocated to the terminal, (2) the total number of carriers available for allocation to all terminals, and (3) any number of other factors (step 516). The number of carriers allocated to each terminal is bounded by the maximum number that may be allocated. Moreover, the sum of all carriers allocated to the terminals is bounded by the total number of carriers available for allocation; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]); and controlling communication such that OFDMA communication with the plurality of user terminals is performed using respective frequency resources allocated to the plurality of user terminals in the allocation processing (Fig. 5, step 518; Para. [0059] - Specific carriers are then assigned to each terminal in a manner such that the amount of out-of-band emissions may be reduced or minimized (step 518). This may be achieved by using various schemes such as the two carrier assignment schemes described above. The assigned carriers for each terminal may then be signaled to the terminal via a carrier assignment. Each scheduled terminal would then transmit using the specific assigned carriers and for the scheduled time period; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]), wherein in the allocation processing, a frequency resource closer to an edge of a usable frequency band is allocated to a user terminal, among the plurality of user terminals, that corresponds to a lower transmission output, and a frequency resource farther from the edge is allocated to a user terminal, among the plurality of user terminals, that corresponds to a higher transmission output (Fig. 4; Para. [0053-0056] - [0054] In one carrier assignment scheme, carriers are assigned to active terminals based on their required transmit powers. For a given transmission interval, the number of carriers to allocate to each active terminal is first determined (e.g., based on the required transmit power of the active terminal and possibly other factors as described above). The active terminals may be associated with different required transmit powers. The group of carriers to assign to the active terminal with the largest required transmit power is then selected to be near the middle of the operating, the group of carriers for the active terminal with the next largest required transmit power is selected to be those closest to the middle of the operating band, and so on, and the group of carriers for the active terminal with the lowest required transmit power is then selected to be toward the edges of the operating band. This carrier assignment scheme can reduce out-of-band emissions to the extent possible; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Examiner’s Note: Vijayan describes a multi-access, multi-carrier wireless communication apparatus (Vijayan Fig. 6) in which an access point communicates with multiple terminals using OFDMA-based transmission (Vijayan Fig. 2, Para. [0027-0029], which the examiner interprets as compliant with IEEE 802.11 because OFDMA is a core transmission feature of IEEE 802.11 standards. Vijayan’s carrier assignment process in Fig. 5, steps 512-516 corresponds to allocation of individual frequency resources, and its transmit-power-based placement of carriers – assigning lower-power terminals toward band edges and higher-power terminals toward interior frequencies – corresponds to control of multi-user OFDMA communication based on transmission output characteristics (Vijayan Fig 5, Para. [0053-0055]) Regarding Claim 13, Vijayan teaches a method for controlling a communication apparatus that performs wireless communication compliant with an IEEE 802.11 standard, the method comprising (Fig. 5, Para. [0057-0059]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]): executing allocation processing for allocating individual frequency resources to a plurality of user terminals (Fig. 5, steps 512-516; Para. [0057-0058]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]); and controlling communication such that OFDMA communication with the plurality of user terminals is performed using respective frequency resources allocated to the plurality of user terminals in the allocation processing (Fig. 5, step 518; Para. [0059]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]), wherein in the allocation processing, a frequency resource closer to an edge of a usable frequency band is allocated to a user terminal, among the plurality of user terminals, that corresponds to a lower transmission output, and a frequency resource farther from the edge is allocated to a user terminal, among the plurality of user terminals, that corresponds to a higher transmission output (Fig. 4; Para. [0053-0056]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Regarding Claim 14, Vijayan teaches a non-transitory storage medium storing a program for causing a computer to execute a method for controlling a communication apparatus that performs wireless communication compliant with an IEEE 802.11 standard, the method comprising (Fig. 6, element 622, Para. [0060-0072]): executing allocation processing for allocating individual frequency resources to a plurality of user terminals (Fig. 5, steps 512-516; Para. [0057-0058]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]); and controlling communication such that OFDMA communication with the plurality of user terminals is performed using respective frequency resources allocated to the plurality of user terminals in the allocation processing (Fig. 5, step 518; Para. [0059]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]), wherein in the allocation processing, a frequency resource closer to an edge of a usable frequency band is allocated to a user terminal, among the plurality of user terminals, that corresponds to a lower transmission output, and a frequency resource farther from the edge is allocated to a user terminal, among the plurality of user terminals, that corresponds to a higher transmission output (Fig. 4; Para. [0053-0056]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Regarding Claim 5, Vijayan teaches Claim 1. Vijayan further teaches executing determination processing for determining a transmission output value for each of the plurality of user terminals (Fig. 5, step 512, Para. [0057] - FIG. 5 shows a flow diagram of an embodiment of a process 500 to allocate and assign carriers to active terminals. Initially, pertinent information regarding the transmit power of each terminal to be scheduled for data transmission is obtained (step 512). In an embodiment, the required and maximum transmit powers for each terminal are obtained. The required transmit power for each terminal may be sent by the terminal or obtained based on some other means. The maximum transmit power for each terminal may be sent by the terminal, known a priori, or obtained based on some other means. In another embodiment, the difference between the maximum and required transmit powers for each terminal is obtained. In yet another embodiment, the maximum transmit power and the initial transmit power for each terminal may be obtained (e.g., during registration), and the required transmit power for the terminal may thereafter be estimated based on the initial transmit power and an accumulation of all power control commands sent to the terminal. The pertinent transmit power information may thus be provided in various forms; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]), and wherein in the allocation processing, a frequency resource farther from the edge is allocated to a user terminal for which a higher transmission output value is determined by the determination processing (Fig. 4; Para. [0053-0056]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Regarding Claim 7, Vijayan teaches Claim 5. Vijayan further teaches wherein in the determination processing, for each of the plurality of user terminals, the transmission output value is determined for the user terminal based on a distance between the user terminal and the communication apparatus (Fig. 1; Para. [0035-0038] - Referring back to FIG. 1, the terminals may be dispersed throughout the system. Each terminal is associated with a particular path loss to its access point, which is largely dependent on the distance between the terminal and the access point. Each terminal also requires a particular received signal quality at the access point to achieve a target level of performance. The required received signal quality may be quantified by a particular received signal-to-noise ratio (SNR), and the target level of performance may be quantified by a particular frame error rate (FER), packet error rate (PER), and so on. The required transmit power for each terminal is dependent on its path loss and its required received signal quality; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Examiner’s Note: Vijayan Para. [0035] states that the transmit power for each terminal is dependent on its path loss to its access point and that path loss is dependent on the distance between the terminal and the access point. Therefore, the transmission output value of the user terminal in Vijayan Para. [0035] is based on a distance between the user terminal and the communication apparatus (i.e., access point). Regarding Claim 8, Vijayan teaches Claim 7. Vijayan further teaches obtaining, for each of the plurality of user terminals, a measurement value related to the distance based on a difference between a strength of a signal transmitted by the communication apparatus and a strength of a signal received by the user terminal, and wherein in the determination processing, for each of the plurality of user terminals, the transmission output value is determined for the user terminal based on the measurement value obtained for the user terminal (Fig. 1; Para. [0035-0038]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Examiner’s Note: The examiner interprets the measurement value defined in Claim 8 as path loss. Regarding Claim 10, Vijayan teaches Claim 1. Vijayan further teaches wherein only in a case where the OFDMA communication is performed using a specific communication channel within the usable frequency band, the allocation processing is executed such that a frequency resource closer to the edge of the usable frequency band is allocated to a user terminal, among the plurality of user terminals, that corresponds to a lower transmission output, and a frequency resource farther from the edge is allocated to a user terminal, among the plurality of user terminals, that corresponds to a higher transmission output (Para. [0027] -The techniques described herein for managing PAPR may be implemented in various wireless multiple-access multi-carrier communication systems. For example, system 100 may be an OFDMA system that utilizes OFDM for data transmission. Moreover, these techniques may be used for the uplink as well as the downlink. For clarity, these techniques are described specifically for the uplink in an OFDMA system. In the following description, an active terminal is one that is scheduled for data transmission on the uplink (and possibly the downlink); Fig. 4; Para. [0053-0056] - [0054] In one carrier assignment scheme, carriers are assigned to active terminals based on their required transmit powers. For a given transmission interval, the number of carriers to allocate to each active terminal is first determined (e.g., based on the required transmit power of the active terminal and possibly other factors as described above). The active terminals may be associated with different required transmit powers. The group of carriers to assign to the active terminal with the largest required transmit power is then selected to be near the middle of the operating, the group of carriers for the active terminal with the next largest required transmit power is selected to be those closest to the middle of the operating band, and so on, and the group of carriers for the active terminal with the lowest required transmit power is then selected to be toward the edges of the operating band. This carrier assignment scheme can reduce out-of-band emissions to the extent possible; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Claim Rejections - 35 USC § 103 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. Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vijayan in view of Athalye et al. (US 2009/0191910), Athalye hereinafter. Regarding Claim 2, Vijayan teaches Claim 1. Yet, Vijayan does not expressly teach wherein in setting of a maximum value of transmission output for each of the frequency resources used in the OFDMA communication, a higher maximum value is set for a frequency resource farther from the edge. However, Athalye teaches wherein in setting of a maximum value of transmission output for each of the frequency resources used in the OFDMA communication, a higher maximum value is set for a frequency resource farther from the edge (Para. [0047-0051] - [0049] In view of the above, a power backoff can be computed by base station 210 and/or terminal 220 based at least in part on the size and/or position of the UL spectral allocation for terminal 220 in the permitted frequency band associated with system 200. For example, a spectral allocation for terminal 220 can include subcarriers that are closer to the center of the permitted bandwidth and/or subcarriers that are closer to the edge of the permitted bandwidth. Thus, in order to reduce out-of-band power, power amplifier 224 at terminal 220 can apply a larger power backoff when the allocation is close to one or more of the band edges than when the allocation is closer to the center of the band. By way of a specific, non-limiting example, this difference can be on the order of 1-3 dB; See also Para. [0054]; Fig. 3, Para. [0043-0044]; Fig. 6, Para. [0064-0065]; Fig. 7, Para. [0066]; Fig. 8, Para. [0067-0068]; Fig. 9, Para. [0069]; Fig. 13, Para. [0080]; Fig. 14, Para. [0081]). Examiner’s Note: In Athalye , a “spectral allocation comprising one or more subcarriers withing a permitted frequency” corresponds to the claims’ frequency resource. Athalye further teaches applying a power backoff (power headroom) to each spectral allocation based on its position relative to the band edge, wherein allocations closer to the band edge require greater backoff and allocations farther from the edge require less backoff. Because the applied backoff limits the maximum power that may be transmitted on that spectral allocation, the backoff defines a maximum transmission output value for each frequency resource. Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to combine Vijayan’s invention of “techniques for managing peak-to-average power ratio (PAPR) for multi-carrier modulation in wireless communication systems” (Vijayan Para. [0003]) with Athalye’s invention of “techniques for power management in a wireless communication system” (Athalye Para. [0003]) because Athalye’s invention provides “efficient and adaptable power headroom management techniques” which “minimize spurious emissions at a terminal,” thereby reducing “capacity degradations to adjacent channels due to interference” (Athalye Para. [0007]). Regarding Claim 3, Vijayan in view of Athalye teaches Claim 2. Yet, Vijayan does not expressly teach wherein the setting of the maximum value of the transmission output is performed such that a signal strength at a predetermined out-of-band frequency does not exceed a regulatory value as a result of the frequency resources being used in the OFDMA communication. However, Athalye teaches wherein the setting of the maximum value of the transmission output is performed such that a signal strength at a predetermined out-of-band frequency does not exceed a regulatory value as a result of the frequency resources being used in the OFDMA communication (Para. [0045] - Referring again to FIG. 2, in addition to an allocation of bandwidth for terminal 220, base station 210 and/or terminal 220 can, in accordance with one aspect, control an amount of power utilized by terminal 220 for transmission within system 200. In one example, in order to comply with spectral masks or other regulatory requirements and/or to reduce interference with other nearby devices or frequency channels, terminal 220 can vary its transmit power levels in order to minimize the intensity of spurious emissions from terminal 220 that fall outside the permitted frequency allocation for terminal 220. In another example, resource scheduler 214 at base station 210 can assign a power level to be utilized by terminal 220 in the form of a power spectral density (PSD) requirement. A PSD assigned by resource scheduler 214 can be linked to a modulation and coding scheme (MCS) and/or bandwidth allocation given by resource scheduler, such that a PSD can be inferred by terminal 220 from a MCS assignment and/or a bandwidth allocation. Alternatively, PSD can be assigned by resource scheduler independently; See also Para. [0054]; Fig. 3, Para. [0043-0044]; Fig. 6, Para. [0064-0065]; Fig. 7, Para. [0066]; Fig. 8, Para. [0067-0068]; Fig. 9, Para. [0069]; Fig. 13, Para. [0080]; Fig. 14, Para. [0081]). Examiner’s Note: In Athalye, the claim’s “regulatory value” corresponds to “spectral masks or other regulatory requirements,” and “signal strength at a predetermined out-of-band frequency” corresponds to “spurious emissions falling outside the permitted frequency allocation.” Athalye teaches controlling transmit power levels to minimize the intensity of such spurious emissions so as to comply with regulatory requirements, thereby teaching setting transmission output based on out-of-band signal limits. Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to combine Vijayan’s invention of “techniques for managing peak-to-average power ratio (PAPR) for multi-carrier modulation in wireless communication systems” (Vijayan Para. [0003]) with Athalye’s invention of “techniques for power management in a wireless communication system” (Athalye Para. [0003]) because Athalye’s invention provides “efficient and adaptable power headroom management techniques” which “minimize spurious emissions at a terminal,” thereby reducing “capacity degradations to adjacent channels due to interference” (Athalye Para. [0007]). Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vijayan/ Athalye as applied to Claim 2 above, and further in view of Tong et al. (US 2024/0172138), Tong hereinafter. Regarding Claim 4, Vijayan in view of Athalye teaches Claim 2. Vijayan further teaches wherein the OFDMA communication is performed using a plurality of frequency resources included in one communication channel in the usable frequency band (Fig. 2, Para. [0028-0030]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]), Yet, Vijayan nor Athalye expressly teach a maximum value of transmission output across all of the frequency resources in the communication channel is higher in a case where the OFDMA communication is performed with the plurality of user terminals than in a case where OFDM communication is performed with a single user terminal using the communication channel. However, Tong teaches a maximum value of transmission output across all of the frequency resources in the communication channel is higher in a case where the OFDMA communication is performed with the plurality of user terminals than in a case where OFDM communication is performed with a single user terminal using the communication channel (Para. [0033] - Each STA may have a plurality of available channels, and each available channel may correspond to one maximum transmission power. The maximum available transmission power of the STA is the minimum of the plurality of maximum transmission power corresponding to the plurality of available channels of the STA, rather than saying that the one with the maximum transmission power of the plurality of available channels is the maximum available transmission power of the STA. When the AP performs selection, for example, intends to send on the primary 40 MHz, whether the primary 40 MHz of each STA is available may be determined first, and then the STA with the maximum of the maximum available transmission power is selected to communicate in the STAs with available primary 40 MHz channels. However, the maximum available transmission power is the minimum of the maximum transmission power of the two 20 MHz channels corresponding to the primary 40 MHz channel, since the maximum transmission power is a limit value, the stability of the communication system may be ensured by determining the maximum available transmission power with the minimum limit value; See also Para. [0008, 0032, 0044]). Examiner’s Note: Tong teaches determining a single maximum available transmission power applicable across a plurality of frequency resources when communicating with a plurality of STAs, wherein that value is determined for a communication channel comprising multiple sub-channels. Tong further distinguishes this multi-STA determination from communication with a single STA, selecting the STA having the highest such maximum available transmission power when multiple STAs are eligible for communication on the channel. Accordingly, Tong teaches that the maximum transmission output across all frequency resources in a communication channel is higher in a plurality-of-STA case than in a single-STA case. Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to provide a maximum value of transmission output across all of the frequency resources in the communication channel is higher in a case where the OFDMA communication is performed with the plurality of user terminals than in a case where OFDM communication is performed with a single user terminal using the communication channel as taught by Tong, in the combined system of Vijayan/Athalye, so that it would provide means to ensure communication system stability “by determining the maximum available transmission power with the minimum limit value” (Tong Para. [0033]). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vijayan in view of Kapnadak et al. (US 2017/0111800), Kapnadak hereinafter . Regarding Claim 6, Vijayan teaches Claim 5. Yet, Vijayan does not expressly teach wherein in the determination processing, the transmission output value is determined for each of the plurality of user terminals such that a maximum value of transmission output set for the frequency resource allocated to each of the plurality of user terminals is not exceeded. However, Kapnadak teaches wherein in the determination processing, the transmission output value is determined for each of the plurality of user terminals such that a maximum value of transmission output set for the frequency resource allocated to each of the plurality of user terminals is not exceeded (Fig. 2, step 240, Para. [0042] - In step 240, method 200 optimizes the network for the geographical area in accordance with the network information and the user endpoint device information that is processed for each cell, and the cell specific traffic pattern that is generated for each cell. For example, the method optimizes (broadly increases the capacity) for a geographical area of the network based on: the list of UEs and their respective classifications (e.g. as cell interior, cell edge or overshooting), the list of hotspots of each cell that are identified, and the cell specific traffic patterns that are generated. For example, an optimization module that maximizes or increases a network capacity across the geographical area determines, for an optimal capacity level: a frequency reuse factor for each frequency, transmit power levels for each UE (e.g., based on whether the UE is classified as a cell interior or a cell edge UE), particular operating frequencies to be used in each cell, and particular carrier frequency components to be assigned to each UE. Mathematically one can express this optimization as follows; let ƒ.sub.1.sup.i . . . ƒ.sub.n.sub.i.sup.i, denote the multiple frequencies where n.sub.i is the number of carrier components assigned to the i.sup.th UE. Similarly, the transmit powers and reuse factors for UE i on each of the carrier components is denoted by P.sub.1.sup.i . . . P.sub.n.sub.i.sup.i and R.sub.1.sup.i . . . R.sub.n.sub.i.sup.i, respectively. The goal of the optimization module is to determine the optimal parameter values for all UEs in the selected geographical area that would maximize the overall network capacity denoted by C, which is a function of the variables (operation frequency, reuse factors, transmit power levels and carrier components); See also Fig. 1, Para. [0013-0036]; Fig. 2, Para. [0037-0043]). Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to combine Vijayan’s invention of “techniques for managing peak-to-average power ratio (PAPR) for multi-carrier modulation in wireless communication systems” (Vijayan Para. [0003]) with Kapnadak’s invention of “a method, computer-readable storage device and an apparatus for maximizing the capacity of a wireless network across a geographical area” (Kapnadak Para. [0004]) because Kapnadak’s invention provides techniques which maximize “the network capacity of cell sites by coordinating frequency assignments based on a view of the entire geographical area that is selected for optimization” (Kapnadak Para. [0025]). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vijayan in view of Bitran et al. (US 2013/0272260), Bitran hereinafter, and in further view of J. P. Ebert and A. Wolisz, "Combined tuning of RF power and medium access control for WLANs," 1999 IEEE International Workshop on Mobile Multimedia Communications (MoMuC'99) (Cat. No.99EX384), San Diego, CA, USA, 1999, pp. 74-82, doi: 10.1109/MOMUC.1999.819475, Ebert hereinafter. Regarding Claim 9, Vijayan teaches Claim 7. Yet, Vijayan does not expressly teach determining, for each of the plurality of user terminals, a modulation scheme for data transmission to the user terminal, based on at least the transmission output value determined by the determination processing. However, Bitran teaches determining, for each of the plurality of user terminals, a modulation scheme for data transmission to the user terminal, based on at least the transmission output value determined by the determination processing (Para. [0015] - In an embodiment, the method includes transmitting acknowledgement messages to the station at a power level that is lower than a normal power level used for data transmission to the station, and setting a Modulation and Coding Scheme (MCS) of the acknowledgement messages to match the power level. In another embodiment, preventing the interference includes transmitting the signals at a power level that is selected so as to block the station but refrain from blocking other stations that are not in close proximity to the wireless device. In yet another embodiment, preventing the interference includes synchronizing in the wireless device a time base of the second connection to a frame time base of the first connection; See also Para. [0014, 0072, 0083, 0090, 0093-0094, 0110]). Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to combine Vijayan’s invention of “techniques for managing peak-to-average power ratio (PAPR) for multi-carrier modulation in wireless communication systems” (Vijayan Para. [0003]) with Bitran’s invention of “improved methods and systems for coexistence” for devices that communicate “simultaneously on a long-range data network (e.g., a Long Term Evolution--LTE network) and on a Wireless Local Area Network (WLAN)” (Bitran Para. [0028-0029]) because Bitran’s invention provides methods which mitigate interference from WLAN communications upon LTE transmissions or vice versa “especially when the transmitter and receiver are collocated and when the two networks operate in overlapping or adjacent frequency bands” (Bitran Para. [0028]). Yet, Vijayan nor Bitran expressly teach determining, for each of the plurality of user terminals, a data length for data transmission to the user terminal, based on at least the transmission output value determined by the determination processing. However, Ebert teaches determining, for each of the plurality of user terminals, a data length for data transmission to the user terminal, based on at least the transmission output value determined by the determination processing (Section VII. Conclusion - With regards to IEEE 802.1 1. we showed that there is an optimal transmission power for every packet size. Further, our results indicate, that packets should be as large as possible to save energy for low BERs (< 10 - 5 ). For higher BERs a packet size of approximately 500 Bytes leads to the largest reduction in energy consumption. IEEE 802.11 provides no mechanism for assembling the packets to make them large. This would be very useful for non-real-time data. But IEEE 802.1 1 provides a mechanism, called MAC packet fragmentation, which allows for fragmenting large packets into smaller units. This mechanism is in particular helpful in case of high bit error rates. Fragmentation will increase the probability, that a packet will go through the channel since shorter packets are less subject to be hit by an error; See also Section I. Introduction; Section V. Energy Consumption; Section VI. Results). Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to provide determining, for each of the plurality of user terminals, a data length for data transmission to the user terminal, based on at least the transmission output value determined by the determination processing as taught by Ebert, in the combined system of Vijayan/Bitran, so that it would provide methods “to achieve an optimal operating point with respect to energy consumption” for IEEE 802.11 networks (Ebert Section V). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vijayan in view of Kim et al. (US 2013/0142132), Kim hereinafter. Regarding Claim 11, Vijayan teaches Claim 1. Vijayan further teaches the allocation processing is executed such that a frequency resource closer to the edge of the usable frequency band is allocated to a user terminal, among the plurality of user terminals, that corresponds to a lower transmission output, and a frequency resource farther from the edge is allocated to a user terminal, among the plurality of user terminals, that corresponds to a higher transmission output (Fig. 4; Para. [0053-0056]; See also Fig. 1, Para. [0024-0027]; Fig. 2, Para. [0028-0030]; Fig. 3A-C, Para. [0031-0048]; Fig. 4, Para. [0053-0056]; Fig. 5, Para. [0057-0059]). Yet, Vijayan does not expressly teach wherein only in a case where the communication apparatus is used in a specific country. However, Kim teaches wherein only in a case where the communication apparatus is used in a specific country (Fig. 5, Para. [0065-0071] - [0065] Country information element indicating channels which are based on the operating frequencies and locations (countries) of APs and STAs are defined in the IEEE 802.11 WLAN standard. FIG. 5 illustrates a country information element. The country information element is transmitted within a beacon frame or a probe response frame), Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to combine Vijayan’s invention of “techniques for managing peak-to-average power ratio (PAPR) for multi-carrier modulation in wireless communication systems” (Vijayan Para. [0003]) with Kim’s invention of “a method and apparatus for receiving multi-band information in a wireless LAN system” (Kim Para. [0001]) because Kim’s invention provides “a method for receiving available channel information, which allows an STA which operates as an unlicensed device in the TVWS (TV whitespace) to efficiently acquire available channel information” (Kim Para. [0010]). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vijayan in view of Iwai et al. (US 2018/0227950), Iwai hereinafter. Regarding Claim 12, Vijayan teaches Claim 1. Yet, Vijayan does not expressly teach wherein each of the frequency resources used in the OFDMA communication is a resource unit (RU) constituted by a plurality of consecutive subcarriers. However, Iwai teaches wherein each of the frequency resources used in the OFDMA communication is a resource unit (RU) constituted by a plurality of consecutive subcarriers (Fig. 14, Para. [0169-0171] - [0169] FIG. 14 illustrates the RU allocation pattern being discussed in standardization of 11ax (refer to, for example, IEEE 802.11-15/1066r0, “HE-SIG-B Contents”). The numerical values illustrated in FIG. 14 indicate the number of tones that constitute RU #1 to RU #9 (also referred to as the “number of subcarriers”). As illustrated in FIG. 14, in the RU allocation pattern for 20 MHz or less, only the central RU (RU #5 surrounded by a black border in FIG. 14) may be allocated. Here, since the bandwidth of the central RU (26 tones) is the minimum, and the central RU is a resource in the vicinity of the DC subcarrier, the interference is large, so that the reception performance may be lower than that of the other RUs; See also Fig. 6B, Para. [0097-0103]; Fig. 10B, Para. [0112-0122]; Fig. 11B, Para. [0123-0136]; Fig. 13B, Para. [0154-0157]; Fig. 13C, Para. [0159-0161]; Fig. 15, Para. [0172-0175]; Fig. 16, Para. [0178-0182]; Fig. 18B, Para. [0189-0196]; Fig. 21B, Para. [0205-0212]; Fig. 21C, Para. [0214-0220]; Fig. 22B, Para. [0224-0229]), Therefore, it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to combine Vijayan’s invention of “techniques for managing peak-to-average power ratio (PAPR) for multi-carrier modulation in wireless communication systems” (Vijayan Para. [0003]) with Iwai’s invention of “a communication apparatus including signal generation circuitry which, in operation, generates a control signal” (Iwai Para. [0010]) because Iwai’s invention provides method for “increasing the system throughput without an increase in the amount of information of a control signal transmitted through random access” (Iwai Para. [0009]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAENITA ANN FENNER whose telephone number is (571)270-0880. The examiner can normally be reached 8:00 - 5:30 PM. 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, Marcus Smith can be reached at (571) 270-1096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /R.A.F./Examiner, Art Unit 2468 /Thomas R Cairns/Primary Examiner, Art Unit 2468
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Prosecution Timeline

Jan 23, 2024
Application Filed
Jan 31, 2026
Non-Final Rejection — §102, §103 (current)

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Expected OA Rounds
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2y 10m
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