The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of Case
This communication is in response to the filing of Application 18/420,057 HUANG for “ACCESS POINT, STATION, AND WIRELESS COMMUNICATION METHOD”, filed on 01/23/2024.
Claims 1-20 are now pending. The independent claims are 1, 10 and 19.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent Application 19/233,812. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications are directed to configuring at least one of the two or more A-MPDUs comprises one or more triggered response scheduling (TRS) Control subfields for configuring one or more extremely high efficiency (EHT) trigger-based (TB) PPDUs., and recite similar subject matter as the instant claims recite a broader scope of the limitations recited in the conflicting patent as noted below. Provided below is the mapping of some claim limitations. (Note, bold text indicates differences).
Claim No.
Instant Claims (18/420,057)
Conflicting Application (19/233,812)
Claim No.
1
1. A wireless communication method, comprising:
transmitting, by an access point (AP),
a physical layer protocol data unit (PPDU) which carries two or more aggregate medium access control (MAC) protocol data units (A-MPDUs),
wherein each
A-MPDU comprises one or more triggered response scheduling (TRS) Control subfield for configuring one or more extremely high efficiency (EHT) trigger-based (TB) PPDU.
A wireless communication method, comprising:
transmitting, by an access point (AP),
a physical layer protocol data unit (PPDU) which carries two or more aggregate medium access control (MAC) protocol data units (A-MPDUs),
wherein at least one of the two or more
A-MPDUs comprises one or more triggered response scheduling (TRS) Control subfields for configuring one or more extremely high efficiency (EHT) trigger-based (TB) PPDUs
wherein each TRS Control subfield comprises an uplink modulation and coding scheme (UL MCS) subfield for indicating modulation and coding schemes used in EHT TB PPDU,wherein when the TRS Control subfield is transmitted in an EHT multi-user (MU) PPDU, the UL MCS subfield indicates EHT-SIG-MCS, in a range EHT-SIG-MCS 0 to 3, and the UL MCS subfield is set to the EHT-SIG-MCS index,wherein the EHT-SIG-MCS 0 to 3 correspond to EHT-MCS 0, EHT-MCS 1, EHT-MCS 3, and EHT-MCS 15, respectively.
1
10, 19
Independent claim 10 and 19 can be similarly mapped to conflicting independent claims 10 and 19.
Independent claim 10 and 19 can be similarly mapped to conflicting independent claims 10 and 19.
10, 19
As indicated above, the subject matter claimed in the instant application is fully disclosed in the conflicting Patent and is covered by the conflicting Patent since the conflicting Patent and the instant application are claiming common subject matter, and the difference in the limitations are merely differences in wording. More particularly, it would have been obvious to on having ordinary skill in the art to combine the teachings of conflicting claim 1 to configure at least one of the two or more A-MPDUs comprises one or more triggered response scheduling (TRS) Control subfields for configuring one or more extremely high efficiency (EHT) trigger-based (TB) PPDUs.
Furthermore, dependent claims 2-9, 11-18 are identical, and correspond to independent claims 2-9, 11-18 of the conflicting Patent.
Claim Rejections - 35 USC § 102
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.
Claims 1, 10 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by HUANG et al. (US20220255681A1), hereinafter HUANG.
Regarding claim 1, HUANG teaches A wireless communication method, comprising: (HUANG, Fig. 5B, paragraph 94, teach a wireless communication method.)
transmitting, by an access point (AP), a physical layer protocol data unit (PPDU) which carries two or more aggregate medium access control (MAC) protocol data units (A-MPDUs), (HUANG, Fig. 5B, paragraph 94, teach transmitting, by an AP, a PPDU 530 carrying an A-MPDU comprising trigger information included in one or more control subfields.)
wherein each A-MPDU comprises one or more triggered response scheduling (TRS) Control subfield for configuring one or more extremely high efficiency (EHT) trigger-based (TB) PPDU. (HUANG, Figs. 5B-C, paragraphs 95-97, teach each A-MPDU comprising trigger information included in one or more control subfields, and the trigger information included in the one or more control subfields which is a triggered response scheduling (TRS) control subfield for configuring the EHT TB PPDU carrying HARQ BlockAck frame or compressed BlockAck frame.)
Regarding claim 10, HUANG teaches An access point (AP), comprising a memory; a transceiver; and a processor coupled to the memory and the transceiver, wherein the processor is configured to perform a wireless communication method comprising: (HUANG, Fig. 3A, paragraph 79, teach AP comprising processor, transceiver and memory to perform the overall functions claimed.)
transmitting a physical layer protocol data unit (PPDU) which carries two or more aggregate medium access control (MAC) protocol data units (A-MPDUs), (HUANG, Fig. 5B, paragraph 94, teach transmitting, by an AP, a PPDU 530 carrying an A-MPDU comprising trigger information included in one or more control subfields.)
wherein each A-MPDU comprises one or more triggered response scheduling (TRS) Control subfield for configuring one or more extremely high efficiency (EHT) trigger-based (TB) PPDU. (HUANG, Figs. 5B-C, paragraphs 95-97, teach each A-MPDU comprising trigger information included in one or more control subfields, and the trigger information included in the one or more control subfields which is a triggered response scheduling (TRS) control subfield for configuring the EHT TB PPDU carrying HARQ BlockAck frame or compressed BlockAck frame.)
Regarding claim 19, HUANG teaches A non-transitory computer readable storage medium, in which a computer program is stored, wherein the computer program causes a computer to execute: (HUANG, paragraph 11, teach embodiments implemented as computer program and storage medium.)
transmitting a physical layer protocol data unit (PPDU) which carries two or more aggregate medium access control (MAC) protocol data units (A-MPDUs), (HUANG, Fig. 5B, paragraph 94, teach transmitting, by an AP, a PPDU 530 carrying an A-MPDU comprising trigger information included in one or more control subfields.)
wherein each A-MPDU comprises one or more triggered response scheduling (TRS) Control subfield for configuring one or more extremely high efficiency (EHT) trigger-based (TB) PPDU. (HUANG, Figs. 5B-C, paragraphs 95-97, teach each A-MPDU comprising trigger information included in one or more control subfields, and the trigger information included in the one or more control subfields which is a triggered response scheduling (TRS) control subfield for configuring the EHT TB PPDU carrying HARQ BlockAck frame or compressed BlockAck frame.)
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.
Claims 2-9, 11-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over HUANG et al. (US20220255681A1), hereinafter HUANG, in view of Patil et al. (US20190191451A1), hereinafter PATIL.
Regarding claim 2, although HUANG teaches all the limitations with respect to claim 1 above, HUANG does not describe wherein each TRS Control subfield comprises an uplink modulation and coding scheme (UL MCS) subfield for indicating modulation and coding schemes used in EHT TB PPDU.
PATIL in the same field of endeavor teaches wherein each TRS Control subfield comprises an uplink modulation and coding scheme (UL MCS) subfield for indicating modulation and coding schemes used in EHT TB PPDU. (PATIL, Fig. 17, paragraph 68, teach a TRS control field 1700 comprising a UL MCS subfield 1710 for indicating mcs in HE TB PPDU 1702.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure each TRS control subfield as including a UL MCS subfield. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 3, HUANG in view PATIL teaches the wireless communication method of claim 2, wherein when the TRS Control subfield is transmitted in an EHT MU PPDU, the UL MCS subfield indicates EHT-SIG-MCS, in a range EHT-SIG-MCS 0 to 3, and the UL MCS subfield is set to the EHT-SIG-MCS index. (PATIL, paragraph 68 teaches TRC control subfield indicating a range.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the TRS Control subfield is transmitted in an EHT MU PPDU, the UL MCS subfield indicates EHT-SIG-MCS, in a range EHT-SIG-MCS 0 to 3, and the UL MCS subfield is set to the EHT-SIG-MCS index. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 4, HUANG in view PATIL teaches the wireless communication method of claim 3, wherein the EHT-SIG-MCS 0 to 3 correspond to EHT-MCS 0, EHT-MCS 1, EHT-MCS 3, and EHT-MCS 15, respectively. (PATIL, paragraph 68 teaches TRC control subfield indicating a range.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the EHT-SIG-MCS 0 to 3 correspond to EHT-MCS 0, EHT-MCS 1, EHT-MCS 3, and EHT-MCS 15, respectively. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 5, HUANG in view PATIL teaches the wireless communication method of claim 2, wherein the EHT-SIG-MCS is a compact representation of a modulation and coding scheme used in the EHT-SIG field of the EHT MU PPDU. (PATIL, Fig. 17, paragraph 68, teach a TRS control field 1700 comprising a UL MCS subfield 1710 for indicating mcs in HE TB PPDU 1702.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the EHT-SIG-MCS is a compact representation of a modulation and coding scheme used in the EHT-SIG field of the EHT MU PPDU. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 6, HUANG in view PATIL teaches the wireless communication method of claim 2, wherein when the TRS Control subfield is transmitted in an EHT MU PPDU, an RU Allocation subfield together with a PS160 bit indicates RU or MRU allocation. (PATIL, Fig. 17, paragraph 68, teach RU allocation subfields and allocation.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the TRS Control subfield is transmitted in an EHT MU PPDU, an RU Allocation subfield together with a PS160 bit indicates RU or MRU allocation. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 7, HUANG in view PATIL teaches the wireless communication method of claim 6, wherein a value of the PS160 bit is determined according to a location of RU or MRU carrying TRS Control subfield in EHT MU PPDU. (PATIL, Fig. 17, paragraph 68, teach TRS control subfield in EHT MU PPDU.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure a value of the PS160 bit is determined according to a location of RU or MRU carrying TRS Control subfield in EHT MU PPDU. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 8, HUANG in view PATIL teaches the wireless communication method of claim 7, wherein when the RU or MRU containing the TRS Control subfield in the EHT MU PPDU is within primary 160 MHz, the PS160 bit is set to 0, otherwise the PS160 bit is set to 1. (PATIL, Fig. 17, paragraph 68, teach TRS control subfield in EHT MU PPDU.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the RU or MRU containing the TRS Control subfield in the EHT MU PPDU is within primary 160 MHz, the PS160 bit is set to 0, otherwise the PS160 bit is set to 1. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 9, although HUANG teaches all the limitations with respect to claim 1 above, HUANG does not describe wherein a Control Information field in a TRS Control subfield comprises at least one of following: a subfield indicating UL Data Symbols, a subfield indicating RU Allocation, a subfield indicating AP Tx Power, a subfield indicating UL Target Receive Power, a subfield indicating UL MCS, or a Reserved subfield.
PATIL in the same field of endeavor teaches wherein a Control Information field in a TRS Control subfield comprises at least one of following: a subfield indicating UL Data Symbols, a subfield indicating RU Allocation, a subfield indicating AP Tx Power, a subfield indicating UL Target Receive Power, a subfield indicating UL MCS, or a Reserved subfield. (PATIL, Fig. 17, paragraph 68, teach a TRS control field 1700 comprising at least one of the following: a subfield indicating UL Data Symbols, a subfield indicating RU Allocation, a subfield indicating AP Tx Power, a subfield indicating UL Target Receive Power, a subfield indicating UL MCS, or a Reserved subfield.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure each TRS control subfield as including a UL MCS subfield. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 11, although HUANG teaches all the limitations with respect to claim 10 above, HUANG does not describe wherein each TRS Control subfield comprises an uplink modulation and coding scheme (UL MCS) subfield for indicating modulation and coding schemes used in EHT TB PPDU.
PATIL in the same field of endeavor teaches wherein each TRS Control subfield comprises an uplink modulation and coding scheme (UL MCS) subfield for indicating modulation and coding schemes used in EHT TB PPDU. (PATIL, Fig. 17, paragraph 68, teach a TRS control field 1700 comprising a UL MCS subfield 1710 for indicating mcs in HE TB PPDU 1702.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure each TRS control subfield as including a UL MCS subfield. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 12, HUANG in view PATIL teaches the AP of claim 11, wherein when the TRS Control subfield is transmitted in an EHT MU PPDU, the UL MCS subfield indicates EHT-SIG-MCS, in a range EHT-SIG-MCS 0 to 3, and the UL MCS subfield is set to the EHT-SIG-MCS index. (PATIL, paragraph 68 teaches TRC control subfield indicating a range.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the TRS Control subfield is transmitted in an EHT MU PPDU, the UL MCS subfield indicates EHT-SIG-MCS, in a range EHT-SIG-MCS 0 to 3, and the UL MCS subfield is set to the EHT-SIG-MCS index. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 13, HUANG in view PATIL teaches the AP of claim 12, wherein the EHT-SIG-MCS 0 to 3 correspond to EHT-MCS 0, EHT-MCS 1, EHT-MCS 3, and EHT-MCS 15, respectively. (PATIL, paragraph 68 teaches TRC control subfield indicating a range.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the EHT-SIG-MCS 0 to 3 correspond to EHT-MCS 0, EHT-MCS 1, EHT-MCS 3, and EHT-MCS 15, respectively. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 14, HUANG in view PATIL teaches the AP of claim 11, wherein the EHT-SIG-MCS is a compact representation of a modulation and coding scheme used in the EHT-SIG field of the EHT MU PPDU. (PATIL, Fig. 17, paragraph 68, teach a TRS control field 1700 comprising a UL MCS subfield 1710 for indicating mcs in HE TB PPDU 1702.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the EHT-SIG-MCS is a compact representation of a modulation and coding scheme used in the EHT-SIG field of the EHT MU PPDU. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 15, HUANG in view PATIL teaches the AP of claim 11, wherein when the TRS Control subfield is transmitted in an EHT MU PPDU, an RU Allocation subfield together with a PS160 bit indicates RU or MRU allocation. (PATIL, Fig. 17, paragraph 68, teach RU allocation subfields and allocation.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the TRS Control subfield is transmitted in an EHT MU PPDU, an RU Allocation subfield together with a PS160 bit indicates RU or MRU allocation. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 16, HUANG in view PATIL teaches the AP of claim 15, wherein a value of the PS160 bit is determined according to a location of RU or MRU carrying TRS Control subfield in EHT MU PPDU. (PATIL, Fig. 17, paragraph 68, teach TRS control subfield in EHT MU PPDU.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure a value of the PS160 bit is determined according to a location of RU or MRU carrying TRS Control subfield in EHT MU PPDU. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 17, HUANG in view PATIL teaches the AP of claim 16, wherein when the RU or MRU containing the TRS Control subfield in the EHT MU PPDU is within primary 160 MHz, the PS160 bit is set to 0, otherwise the PS160 bit is set to 1. (PATIL, Fig. 17, paragraph 68, teach TRS control subfield in EHT MU PPDU.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure the RU or MRU containing the TRS Control subfield in the EHT MU PPDU is within primary 160 MHz, the PS160 bit is set to 0, otherwise the PS160 bit is set to 1. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 18, although HUANG teaches all the limitations with respect to claim 10 above, HUANG does not describe wherein a Control Information field in a TRS Control subfield comprises at least one of following: a subfield indicating UL Data Symbols, a subfield indicating RU Allocation, a subfield indicating AP Tx Power, a subfield indicating UL Target Receive Power, a subfield indicating UL MCS, or a Reserved subfield.
PATIL in the same field of endeavor teaches wherein a Control Information field in a TRS Control subfield comprises at least one of following: a subfield indicating UL Data Symbols, a subfield indicating RU Allocation, a subfield indicating AP Tx Power, a subfield indicating UL Target Receive Power, a subfield indicating UL MCS, or a Reserved subfield. (PATIL, Fig. 17, paragraph 68, teach a TRS control field 1700 comprising at least one of the following: a subfield indicating UL Data Symbols, a subfield indicating RU Allocation, a subfield indicating AP Tx Power, a subfield indicating UL Target Receive Power, a subfield indicating UL MCS, or a Reserved subfield.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure each TRS control subfield as including a UL MCS subfield. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Regarding claim 20, although HUANG teaches all the limitations with respect to claim 19 above, HUANG does not describe wherein each TRS Control subfield comprises an uplink modulation and coding scheme (UL MCS) subfield for indicating modulation and coding schemes used in EHT TB PPDU.
PATIL in the same field of endeavor teaches wherein each TRS Control subfield comprises an uplink modulation and coding scheme (UL MCS) subfield for indicating modulation and coding schemes used in EHT TB PPDU. (PATIL, Fig. 17, paragraph 68, teach a TRS control field 1700 comprising a UL MCS subfield 1710 for indicating mcs in HE TB PPDU 1702.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PATIL with the teachings of HUANG to configure each TRS control subfield as including a UL MCS subfield. The motivation would be to allow different content to allocate potentially different RUs to potentially different STAs (PATIL, paragraph 111).
Conclusion
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/WALLI Z BUTT/Examiner, Art Unit 2412