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 .
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.
Response to Arguments
Applicant’s arguments filed 11 February 2026 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kim in view of Chun. The indicated allowability of claims 5 and 10-11 is withdrawn in view of the newly discovered references to Kim and Chun. Rejections based on the newly cited reference(s) follow.
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 1, 5, 11 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 12,200,778) in view of Chun et al. (US 2024/0298304 as supported by the corresponding figures and passages of KR 10-2021-0080950). For dependent claims herein, the motivation to combine is the same as the parent claim unless otherwise noted.
Regarding claim 1, Kim discloses a wireless communication method, performed by a station (STA) in extremely high throughput (EHT) wireless local area network (WLAN) (col. 3, lines 46-57; col. 20, lines 1-2; col. 28, lines 13-28; note: various 802.11 standards in the network), comprising: determining, by the STA, a maximum number of spatial streams (NSS), that the STA supports for transmission or reception in an EHT physical layer protocol data unit (PPDU) (fig. 25; col. 28, lines 32-44; note: Rx NSS), based on operating channel width of the STA (col. 28, lines 41-44) the STA, the data or management frame comprising the
However, Kim fails to disclose determining, by the STA, a maximum number of spatial streams (NSS), that the STA supports for transmission or reception in an EHT physical layer protocol data unit (PPDU) based operating channel width of a STA and on a bandwidth (BW) of the EHT PPDU. Chun discloses this feature (para. 199, first sentence and para. 206, last sentence; note: NSS for an operating bandwidth greater than 80 MHz and PPDUs bandwidths of 80 MHz or less; paras. 117, 171 and 181; note: EHT PPDUs of less than 80 MHz). Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have determining, by the STA, a maximum number of spatial streams (NSS), that the STA supports for transmission or reception in an EHT physical layer protocol data unit (PPDU) based on operating channel width of the STA and a bandwidth (BW) of the EHT PPDU in the invention of Kim. The motivation to have the modification and/or well-known benefits of the modification include, but are not limited to, providing for communication parameters to accommodate PPDU bandwidths and operating channel widths as is known in the art (Chun, paras. 117, 171, 181, 199 and 206; MPEP 2143(I)(A)(B)(C)(D) - note: e.g., applying known techniques having predictable results).
Further, Kim fails to disclose generating, by the STA, a data or management frame comprising a high efficiency (HE) variant high throughput (HT) Control field, wherein the HE variant HT Control field carries operation mode information comprising the maximum NSS and the operating channel width, wherein the HE variant HT Control field comprises an operating mode (OM) Control subfield and an EHT OM Control subfield, the OM Control subfield comprises a Channel Width subfield, the EHT OM Control subfield comprises a Channel Width Extension subfield, and the operating channel width is indicated by the Channel Width Extension subfield together with the Channel Width subfield, wherein the OM Control subfield further comprises a Rx NSS subfield and the EHT OM Control subfield further comprises a Rx NSS Extension subfield, and the Rx NSS Extension subfield and the Rx NSS subfield are used to indicate the maximum NSS supported for reception, and wherein the OM Control subfield further comprises a Tx number of space-time streams (NSTS) subfield and the EHT OM Control subfield further comprises a Tx NSTS Extension subfield, and the Tx NSTS Extension subfield and the Tx NSTS subfield are used to indicate a maximum NSTS supported for transmission; and transmitting, by the STA, the data or management frame comprising the HE variant HT Control field to an access point.
However, Chun discloses a data or management frame comprising a high efficiency (HE) variant high throughput (HT) Control field (fig. 14; paras. 191-195, 197-198 and 205), wherein the HE variant HT Control field carries operation mode information (fig. 14(a)) comprising the maximum NSS and the operating channel width (para. 198-199), wherein the HE variant HT Control field comprises an operating mode (OM) Control subfield (fig. 14(a)) and an EHT OM Control subfield (fig. 14(b); para. 205; paras. 193-195 and 197), the OM Control subfield comprises a Channel Width subfield (fig. 14(a)), the EHT OM Control subfield comprises a Channel Width Extension subfield (fig. 14(b)), and the operating channel width is indicated by the Channel Width Extension subfield together with the Channel Width subfield (para. 209. para. 210, first sentence), wherein the OM Control subfield further comprises a Rx NSS subfield and the EHT OM Control subfield further comprises a Rx NSS Extension subfield (figs. 14(a) and 14(b)), and the Rx NSS Extension subfield and the Rx NSS subfield are used to indicate the maximum NSS supported for reception (paras. 206-208), and wherein the OM Control subfield further comprises a Tx number of space-time streams (NSTS) subfield and the EHT OM Control subfield further comprises a Tx NSTS Extension subfield (figs. 14(a) and 14(b)), and the Tx NSTS Extension subfield and the Tx NSTS subfield are used to indicate a maximum NSTS supported for transmission (para. 210, second sentence).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have generating, by the STA, a data or management frame comprising a high efficiency (HE) variant high throughput (HT) Control field, wherein the HE variant HT Control field carries operation mode information comprising the maximum NSS and the operating channel width, wherein the HE variant HT Control field comprises an operating mode (OM) Control subfield and an EHT OM Control subfield, the OM Control subfield comprises a Channel Width subfield, the EHT OM Control subfield comprises a Channel Width Extension subfield, and the operating channel width is indicated by the Channel Width Extension subfield together with the Channel Width subfield, wherein the OM Control subfield further comprises a Rx NSS subfield and the EHT OM Control subfield further comprises a Rx NSS Extension subfield, and the Rx NSS Extension subfield and the Rx NSS subfield are used to indicate the maximum NSS supported for reception, and wherein the OM Control subfield further comprises a Tx number of space-time streams (NSTS) subfield and the EHT OM Control subfield further comprises a Tx NSTS Extension subfield, and the Tx NSTS Extension subfield and the Tx NSTS subfield are used to indicate a maximum NSTS supported for transmission; and transmitting, by the STA, the data or management frame comprising the HE variant HT Control field to an access point in the invention of Kim. The motivation to have the modification and/or well-known benefits of the modification include, but are not limited to, providing for communication parameters to accommodate communications or capabilities of devices using various 802.11 standards in a network as is known in the art (Chun, fig. 14 and paras. 191-198 and 205-210; MPEP 2143(I)(A)(B)(C)(D) - note: e.g., applying known techniques having predictable results).
Regarding claim 5, Kim in view of Chun teaches and makes obvious the wireless communication method of claim 1, wherein responsive to that the operating channel width is equal to a second predetermined BW, the Rx NSS Extension subfield together with the Rx NSS subfield indicates the maximum NSS supported for reception in the EHT PPDU with the BW of less than or equal to a first predetermined BW that is less than the second predetermined BW (Chun, paras. 206-208; note: any number greater than 80 MHz as an operating channel width as the second predetermined BW; note: any number less than or equal to 80MHz as PPDU bandwidth).
Regarding claim 11, Kim in view of Chun teaches and makes obvious the wireless communication method of claim 5, wherein the first predetermined BW is 80 MHz and the second predetermined BW is 160 MHz (Chun, paras. 206-208; note: any number greater than 80 MHz as an operating channel width as the second predetermined BW; note: any number less than or equal to 80MHz as PPDU bandwidth (first predetermined bandwidth)).
Regarding claims 20-21, these limitations are rejected on the same ground as claims 1 and 5, respectively. In addition, Kim discloses the station (STA) (fig. 1), comprising: a memory; a transceiver; and a processor coupled to the memory and the transceiver; wherein the processor is configured to perform operations (col. 5, lines 21-39) of claims 1 and 5.
Claims 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Chun as applied to claim 1 above, and further in view of Yu et al. (US 2023/0042842).
Kim in view of Chun teaches and makes obvious an Rx NSS Extension subfield and Rx NSS subfield (Chun, paras. 206-208) but fails to teach and make obvious the wireless communication method of claim 1, wherein the Rx NSS Extension subfield provides a most significant bit (MSB) of the maximum NSS for reception and the Rx NSS subfield provides a number of least significant bits (LSBs) of the maximum NSS for reception. However, Yu discloses this feature (fig. 7; paras. 269 and 283-285; note: extension subfield (second control subfield) as the MSB). Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the Rx NSS Extension subfield provide a most significant bit (MSB) of the maximum NSS for reception and the Rx NSS subfield provide a number of least significant bits (LSBs) of the maximum NSS for reception in the invention of Kim in view of Chun. The motivation to have the modification and/or well-known benefits of the modification include, but are not limited to, sending control values to accommodate communications or capabilities of devices as is known in the art (Yu, fig. 14 and paras. 269 and 283-285; MPEP 2143(I)(A)(B)(C)(D) - note: e.g., applying known techniques having predictable results).
Allowable Subject Matter
Claims 6-7, 9, 12-19 and 22-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Kevin C. Harper/
Primary Examiner, Art Unit 2462
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