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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14, and 17 of U.S. Patent No. 11,856,565 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because comparing claims 1, 14, and 18 of the application with claims 1, 14, and 17 of the patent claims 1, 14, and 18 of the application are anticipated by patent claims 14, and 17 in that claims 1, 14, and 17 of the patent contain all the limitations of claims 1, 14, and 18 of the application. Claims 1, 14, and 18 of the application therefore are not patently distinct from the earlier patent claims as such are unpatentable for obvious-type double patenting.
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 1-11, and 14-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Patil et al. (US 2021/0321243 A1) hereinafter Patil.
Regarding claim 1 – Patil discloses An apparatus of an access point (AP) of an AP multi-link device (MLD), the apparatus comprising memory; and processing circuitry coupled to the memory, the processing circuitry configured to: refer to Figure 5 and paragraph [0104] - In some implementations, the wireless communication device 500 can be an example of a device for use in an AP such as the AP 102 described above with reference to FIG. 1, also, paragraph [0106] - In addition to a modulator and a demodulator, the modem 502 may further include digital signal processing (DSP) circuitry, automatic gain control (AGC), a coder, a decoder, a multiplexer, and a demultiplexer. For example, while in a transmission mode, data obtained from the processor 506 is provided to a coder, which encodes the data to provide encoded bits. The encoded bits are then mapped to points in a modulation constellation (using a selected MCS) to provide modulated symbols.
encode, for transmission, a first beacon frame or a first probe response frame; refer to paragraph [0006] - The method may also include transmitting the frame over the first communication link of the AP MLD. The frame may be one of a beacon frame, a probe response frame, also refer to paragraphs [0013], [0016], [0018].
and in response to an affected AP, the affected AP affiliated with the AP MLD, transmitting a second beacon frame, a second probe response frame, or a channel switch announcement frame, wherein the second beacon frame, the second probe response frame, or the channel switch announcement frame comprises a channel switch announcement element, an extended channel switch announcement element, a max channel switch time element, or a quiet channel element, refer to paragraph [0007] - the method may also include receiving, from a respective secondary AP of the AP MLD, a notification of a critical update for the respective secondary AP, also, refer to paragraph [0009] - the one or more operation parameters include at least one of a channel switch announcement (CSA), an extended CSA, a wide bandwidth CSA, enhanced distributed channel access (EDCA) parameters, multi-user (MU) EDCA parameters, a quiet time element,
encode the first beacon frame or the first probe response frame to further comprise: the channel switch announcement frame, the channel switch announcement element, the extended channel switch announcement element, the max channel switch time element, or the quiet channel element, refer to Figure 9 and paragraph [0129] - the process 900 is performed by an access point (AP) multi-link device (MLD) including a first AP and one or more secondary APs. The first AP may be associated with a first communication link of the AP MLD, also, paragraph [0173] - the frame may be one of a beacon frame, a probe response frame, an association response frame, or a reassociation response frame. In some implementations, the critical update may correspond to a change in one or more operation parameters of a BSS associated with at least one of the first communication link or the one or more secondary communication links. In some implementations, the one or more operation parameters may include at least one of a channel switch announcement (CSA), an extended CSA, a wide bandwidth CSA, enhanced distributed channel access (EDCA) parameters, multi-user (MU) EDCA parameters, a quiet time element, also, paragraph [0025].
Regarding claims 2 and 15 – Patil discloses claims 1 and 14.
Patil discloses encode a basic multi-link element, the basic multi-link element comprising a Per-STA profile subelement, the Per-STA profile subelement comprising a STA profile field, the STA profile field comprising the channel switch announcement frame, the channel switch announcement element, the extended channel switch announcement element, the max channel switch time element, or the quiet channel element; refer to paragraph [0017] - the frame may include a Multi-Link Element (MLE) carrying the first change sequence field. In some instances, the MLE may include or indicate one or more operation parameters for the first AP and associated first communication link of the AP MLD. In some instances, the MLE may include one or more per-link profile subelements, each per-link profile subelement carrying a partial set of operation parameters or a complete set of operation parameters, also, paragraph [0016] - the critical update for a respective communication link corresponds to a change in one or more operation parameters of a BSS associated with the respective communication link. In some instances, the one or more operation parameters include at least one of a CSA, an extended CSA, a wide bandwidth CSA, EDCA parameters, MU EDCA parameters, a quiet time element,
encode the first beacon frame or the first probe response frame to comprise the basic multi-link element, refer to paragraph [0022] - the frame may include an MLE carrying the first change sequence field. In some instances, the MLE may include or indicate one or more operation parameters for the first AP and associated first communication link of the AP MLD, also, refer to Figure 16A ad paragraph [0251] - the MLE 1520 may be included in a frame (such as the frame 1500, a beacon frame, an association request frame, an association response frame, or any other appropriate frame) transmitted by the first device D1 and received by the second device D2, or vice versa. For ease of explanation, some information elements of the MLE 1600 may be referred to as a “field,” a “subfield,” an “element,” or a “subelement,” which may be considered interchangeable terms for purposes of discussion herein. In some implementations, the information elements of the MLE 1600 may be referred to with any other appropriate term.
Regarding claims 3 and 16 – Patil discloses claims 1 and 14.
Patil discloses wherein the affected AP has a first basic service set (BSS) identification (ID) and the AP has a second BSS ID, refer to paragraph [0008] - The first change sequence field may indicate a most recent critical update to one or more operation parameters of a basic service set (BSS) associated with the first AP of the AP MLD, and each secondary change sequence field of the one or more secondary change sequence fields may indicate a most recent critical update to one or more operation parameters of the BSS associated with a respective secondary AP of the AP MLD, also, paragraph [0011].
Regarding claims 4 and 17 – Patil discloses claims 1 and 14.
Patil discloses wherein timing fields of the channel switch announcement element, the extended channel switch announcement element, or the quiet channel element, refer to a target beacon transmission time (TBTT) indicated by the affected AP, refer to Figure 20 and paragraph [0292] - In some implementations, each Neighbor AP Information field 2006 includes a TBTT Information header 2011, an operating class field 2012, a channel number field 2013, a TBTT Information set field 2014, a critical update field 2015, and a DNT field 2016. The critical update field 2015 may carry an indication of a critical update for a corresponding secondary communication link, and the DNT field 2016 may carry a DNT indication for a corresponding secondary communication link. In some other implementations, the RNR element 2000 may be extended to include a Link ID field that stores one or more unique link IDs that may be used to map entries in the Neighbor AP Information fields 2006 with information stored in the per-link profile subelements in a MLE.
Regarding claim 5 – Patil discloses claim 1.
Patil discloses encode a basic multi-link element, the basic multi-link element comprising a Per-STA profile subelement, the Per-STA profile subelement comprising a STA profile field, the STA profile field comprising a media access control (MAC) address of the affected AP; refer to paragraph [0017] - the MLE may include one or more per-link profile subelements, each per-link profile subelement carrying a partial set of operation parameters or a complete set of operation parameters of a basic service set (BSS) associated with a respective secondary AP of the AP MLD, also, paragraph [0082] - The BSS may be identified to users by a service set identifier (SSID), as well as to other devices by a basic service set identifier (BSSID), which may be a medium access control (MAC) address of the AP 102,
encode the first beacon frame or the first probe response frame to comprise the basic multi-link element, refer to paragraph [0022] - the frame may include an MLE carrying the first change sequence field. In some instances, the MLE may include or indicate one or more operation parameters for the first AP and associated first communication link of the AP MLD, also, refer to Figure 16A ad paragraph [0251] - the MLE 1520 may be included in a frame (such as the frame 1500, a beacon frame, an association request frame, an association response frame, or any other appropriate frame) transmitted by the first device D1 and received by the second device D2, or vice versa. For ease of explanation, some information elements of the MLE 1600 may be referred to as a “field,” a “subfield,” an “element,” or a “subelement,” which may be considered interchangeable terms for purposes of discussion herein. In some implementations, the information elements of the MLE 1600 may be referred to with any other appropriate term.
Regarding claim 6 – Patil discloses claim 5.
Patil discloses the basic multi-link element further comprises a basic service set (BSS) change count subfield for the affected AP, wherein the BSS change count subfield indicates that a critical update of a BSS of the affected AP has occurred, refer to paragraph [0008] - each secondary change sequence field of the one or more secondary change sequence fields may indicate a most recent critical update to one or more operation parameters of the BSS associated with a respective secondary AP of the AP MLD, also, paragraph [0131] - each secondary CSN indicates a most recent critical update to the one or more operation parameters for the corresponding secondary communication link of the AP MLD. In some instances, the first CSN and the one or more secondary CSNs are carried in a sequence counter field of the frame.
Regarding claim 7 – Patil discloses claim 5.
Patil discloses wherein the per-STA profile subelement further comprises a subfield indicating a significant change to a profile of the affected AP, refer to Figure 15 and paragraph [0242] - some information elements of the frame 1500 may also be referred to as a “field,” a “subfield,”, also, Figure 19 and paragraph [0261] - AP1 generates a frame including one or more operation parameters for the first communication link, a first change sequence number (CSN) or value indicating a presence or absence of a critical update for the first communication link of the AP MLD, and one or more secondary CSNs or values each indicating a presence or absence of a critical update for a corresponding secondary communication link of the AP MLD……a critical update flag or CSN change indicator may be carried in a critical update flag subfield of the frame.
Regarding claims 8 and 19 – Patil discloses claims 1 and 18.
Patil discloses wherein the AP operates on a first frequency band and the affected AP operates on a second frequency band, refer to paragraph [0086] - The APs 102 and STAs 104 also can be configured to communicate over other frequency bands such as shared licensed frequency bands, where multiple operators may have a license to operate in the same or overlapping frequency band or bands, also, paragraph [0218] - The first communication link and the second communication link may operate on different frequency bands, also, paragraph [0228].
Regarding claim 9 – Patil discloses claim 8.
Patil discloses wherein the first frequency band and the second frequency band are different frequencies bands and wherein the first frequency band and the second frequency band are each one of: 2.4 GHz, 5 GHz, and 6 GHz, refer to paragraph [0083] - To establish a communication link 106 with an AP 102, each of the STAs 104 is configured to perform passive or active scanning operations (“scans”) on frequency channels in one or more frequency bands (for example, the 2.4 GHz, 5.0 GHz, 6.0 GHz,
Regarding claim 10 – Patil discloses claim 1.
Patil discloses in response to a current time being before the time, encode a third beacon frame or a third probe response frame comprising the channel switch announcement element or the extended channel switch announcement element, refer to paragraph [0083] - STA 104 listens for beacons, which are transmitted by respective APs 102 at a periodic time interval referred to as the target beacon transmission time (TBTT), also, paragraph [0137] - the one or more operation parameters may include at least one of a channel switch announcement (CSA), an extended CSA, a wide bandwidth CSA, enhanced distributed channel access (EDCA) parameters, multi-user (MU) EDCA parameters, a quiet time element,, also, paragraph [0022] - the frame may be one of a beacon frame, a probe response frame, an association response frame, a reassociation response frame, or a FILS discovery frame. In some instances, the frame may include an MLE carrying the first change sequence field, also, paragraph [0166] - the response frame may be one of a unicast probe response frame or a beacon frame. In some implementations, the set of operation parameters may include one or more of a channel switch announcement (CSA), an extended CSA,
Regarding claim 11 – Patil discloses claim 10.
Patil discloses wherein the event is a change to a new channel number or an indication of an end to a quiet period, refer to paragraph [0115] - a respective secondary communication link may be based on one or more of a channel switch announcement for the respective secondary communication link, a quiet time announcement for the respective secondary communication link, also, refer to Figure 14B and paragraph [0219] - a second wireless channel for the second communication link, also, refer to paragraph [0283] - At time t.sub.8, AP1 is on the new channel,
Regarding claim 14 – Patil discloses A non-transitory computer-readable storage medium that stores instructions for execution by one or more processors of an apparatus of an access point (AP) of an AP multi-link device (MLD), the instructions to configure the one or more processors to: refer to paragraph [0110] - The memory 504 can include tangible storage media such as random-access memory (RAM) or read-only memory (ROM), or combinations thereof. The memory 504 also can store non-transitory processor- or computer-executable software (SW) code containing instructions that, when executed by the processor 506, cause the processor to perform various operations described herein for wireless communication,
encode, for transmission, a first beacon frame or a first probe response frame; refer to paragraph [0006] - The method may also include transmitting the frame over the first communication link of the AP MLD. The frame may be one of a beacon frame, a probe response frame, also refer to paragraphs [0013], [0016], [0018].
encode, in response to an affected AP, the affected AP affiliated with the AP MLD, transmitting a second beacon frame, a second probe response frame, or a channel switch announcement frame, wherein the second beacon frame, the second probe response frame, or the channel switch announcement frame comprises a channel switch announcement element, an extended channel switch announcement element, a max channel switch time element, or a quiet channel element, refer to paragraph [0007] - the method may also include receiving, from a respective secondary AP of the AP MLD, a notification of a critical update for the respective secondary AP, also, refer to paragraph [0009] - the one or more operation parameters include at least one of a channel switch announcement (CSA), an extended CSA, a wide bandwidth CSA, enhanced distributed channel access (EDCA) parameters, multi-user (MU) EDCA parameters, a quiet time element,
the first beacon frame or the first probe response frame to further comprise: the channel switch announcement frame, the channel switch announcement element, the extended channel switch announcement element, the max channel switch time element, or the quiet channel element, refer to Figure 9 and paragraph [0129] - the process 900 is performed by an access point (AP) multi-link device (MLD) including a first AP and one or more secondary APs. The first AP may be associated with a first communication link of the AP MLD, also, paragraph [0173] - the frame may be one of a beacon frame, a probe response frame, an association response frame, or a reassociation response frame. In some implementations, the critical update may correspond to a change in one or more operation parameters of a BSS associated with at least one of the first communication link or the one or more secondary communication links. In some implementations, the one or more operation parameters may include at least one of a channel switch announcement (CSA), an extended CSA, a wide bandwidth CSA, enhanced distributed channel access (EDCA) parameters, multi-user (MU) EDCA parameters, a quiet time element, also, paragraph [0025].
Regarding claim 18 “apparatus” – is rejected under the same reasoning as claim 14 “CRM” and claim 1 “method”.
Regarding claim 20 – Patil discloses claim 18.
Patil discloses wherein the channel switch announcement element or the extended channel switch announcement element indicates a new channel of the second frequency band for the second AP, refer to paragraph [0115] - a respective secondary communication link may be based on one or more of a channel switch announcement for the respective secondary communication link, a quiet time announcement for the respective secondary communication link, also, refer to Figure 14B and paragraph [0219] - a second wireless channel for the second communication link, also, refer to paragraph [0283] - At time t.sub.8, AP1 is on the new channel,
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 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Patil (same as above) in view of Ibars Casas et al. (US 12,494,865 B2) hereinafter Ibars.
Regarding claim 12 – Patil discloses claim 1.
Patil does not explicitly disclose transceiver circuitry coupled to the processing circuitry, the transceiver circuitry coupled to two or more patch antennas for receiving signaling in accordance with a multiple-input multiple-output (MIMO) technique.
Ibars discloses transceiver circuitry coupled to the processing circuitry, the transceiver circuitry coupled to two or more patch antennas for receiving signaling in accordance with a multiple-input multiple-output (MIMO) technique, refer to paragraph (60) - a microstrip antenna, such as a rectangular microstrip patch antenna or a quarter-wave patch antenna, also, paragraph [0093] - indicate which RUs are allocated for MU-MIMO transmission, also, paragraph (342) - wireless transceiver 2226 can be a Wi-Fi transceiver, a Bluetooth transceiver, or a mobile network transceiver such as a 3G, 4G, or Long Term Evolution (LTE) transceiver, also, paragraph (470) - frequency region require high spectral efficiency enabled by multi-user MIMO (MU-MIMO)
At the time of the invention before the effective filing date of the application it would have been obvious to an ordinary person of skill in the art to combine Patil with Ibars to provide Patil with transceiver circuitry coupled to the processing circuitry, the transceiver circuitry coupled to two or more patch antennas for receiving signaling in accordance with a multiple-input multiple-output (MIMO) technique. Suggestion/motivation is that Patil discloses multiple antennas and MIMO, refer to [0004] - multiple concurrent communication links (MIMO), also, refer to paragraph [0108] - the wireless communication device 500 can include, or be coupled with, multiple transmit antennas (each with a corresponding transmit chain) and multiple receive antennas, also, Figure 6A and paragraph [0111] - The AP 602 also includes multiple antennas 620 coupled with the wireless communication device 610 to transmit and receive wireless communications. The benefit being an inexpensive small antennas can be used to provide MIMO communications.
Regarding claim 13 – Patil discloses claim 1.
Patil does not explicitly disclose transceiver circuitry coupled to the processing circuitry, the transceiver circuitry coupled to two or more microstrip antennas for receiving signaling in accordance with a multiple-input multiple-output (MIMO) technique.
Ibars discloses transceiver circuitry coupled to the processing circuitry, the transceiver circuitry coupled to two or more microstrip antennas for receiving signaling in accordance with a multiple-input multiple-output (MIMO) technique, refer to paragraph (60) - a microstrip antenna, such as a rectangular microstrip patch antenna or a quarter-wave patch antenna, also, paragraph [0093] - indicate which RUs are allocated for MU-MIMO transmission, also, paragraph (342) - wireless transceiver 2226 can be a Wi-Fi transceiver, a Bluetooth transceiver, or a mobile network transceiver such as a 3G, 4G, or Long Term Evolution (LTE) transceiver, also, paragraph (470) - frequency region require high spectral efficiency enabled by multi-user MIMO (MU-MIMO)
At the time of the invention before the effective filing date of the application it would have been obvious to an ordinary person of skill in the art to combine Patil with Ibars to provide Patil with the transceiver circuitry coupled to two or more microstrip antennas for receiving signaling in accordance with a multiple-input multiple-output (MIMO) technique.
Suggestion/motivation is that Patil discloses multiple antennas and MIMO, refer to [0004] - multiple concurrent communication links (MIMO), also, refer to paragraph [0108] - the wireless communication device 500 can include, or be coupled with, multiple transmit antennas (each with a corresponding transmit chain) and multiple receive antennas, also, Figure 6A and paragraph [0111] - The AP 602 also includes multiple antennas 620 coupled with the wireless communication device 610 to transmit and receive wireless communications.
The benefit being an inexpensive small antennas can be used to provide MIMO communications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jang et al. (US 11,723,094 B2) discloses method and device for transmitting signal through multi-link in wireless LAN system.
Seol et al. (US 11,979,929 B2) discloses systems and methods for multi-link operation in a wireless network.
Song et al. (US 2022/0110119 A1) discloses method and device for transmitting data in wireless LAN system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Pezzlo whose telephone number is (571) 272-3090. The examiner can normally be reached on Monday to Friday from 8:30 AM to 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman A. Abaza, can be reached at telephone number (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent Center or Private PAIR. Status information for unpublished applications is available through Patent Center and Private PAIR to authorized users only. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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John Pezzlo
9 December 2025
/John Pezzlo/
Primary Examiner, Art Unit 2465B