DETAILED ACTION
Notice of 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
The priority document(s), which have been placed on record in the file, are acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/22/2023 is acknowledged.
Specification
The title of the invention is objected to because of the following informalities (and appropriate corrections are required):
The current title: “WIRELESS COMMUNICATION APPARATUS, COMMUNICATION CONTROL METHOD, AND NON-TRANSITORY COMPUTER-READABLE STORAGE MEDIUM,” is broad and lacks the specifics of the claims and specification.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.-The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 (along with their dependent claim 5) and claim 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 4 (in Line [3]) recites the limitation “the IEEE802.11standard”. There is insufficient antecedent basis for this limitation in the claim. Claims 1 and 2, upon which claim 4 depends has no reference to IEEE 802.11 and it is unclear which IEEE 802.11 standard is being referred to in claim 4. On the other hand, Figs. 11A-11B, Para. [0090] of the instant specification recites, “In the IEEE802.11be standard, types are assigned to EHT Action field value and Protected EHT Action field value in the action frame. Currently, 0 of EHT Action field value and 0 to 6 of Protected EHT Action field value are used, and remaining values are “Reserved”. As shown in FIGS. 11A and 11B, NSTR OMN is added as a type for notifying the STR/NSTR operation mode to one of the reserved field values.” Hence, for examination purposes the limitation, “the IEEE802.11standard” (in claim 4) has been construed to mean the IEEE 802.11be standard. The office respectfully requests the applicant to amend the claim(s) in order to clarify the claimed invention.
Claim 6 (in Lines [2 and 5]) recites the limitation “a modulation and coding scheme of a small index”. However, the word “small” is a relative term of degree and the claim does not specify the basis for comparison. On the other hand, Para. [0072] of the instant specification recites, “…that the MCS is low indicates that the encoding rate is low, or the number of bits assigned for each modulation symbol is small. Alternatively, if the combination of the encoding rate and the number of bits assigned for each modulation symbol is defined as a modulation and coding level in advance, that the MCS is low indicates that the modulation and coding level is lower. For example, in the IEEE802.11ax standard, 12 kinds of modulation and coding schemes from MCSO to MCS11 are defined … an application in which the ratio of packets of a modulation and coding scheme of a small index, like MCSO to MCS4, to received packets is high may operate in the STR mode. An application in which the ratio of packets of a modulation and coding scheme from MCS5 to MCS11 is high may operate in the NSTR mode.” Hence, for examination purposes the limitation, “a modulation and coding scheme of a small index” (in claim 6) has been construed to mean the modulation and coding scheme of a small index, like MCSO to MCS4, as defined in the IEEE 802.11ax standard. The office respectfully requests the applicant to amend the claim(s) in order to clarify the claimed invention.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Claims 1-3 and 12, recites limitations that use words like “means” (or “step”) or similar terms with functional language and do invoke 35 U.S.C. 112(f):
Claim 1; recites the limitations, "… a communication unit configured to ... perform communication ... a control unit configured to control switching …" in Lines [2-11];
Claim 2; recites the limitation, "…notification unit configured to notify …" Line [1-2];
Claim 3; recites the limitation, "…an acceptance unit configured to accept …" Line [1-2];
Claim 12; recites the limitation, "…a printing unit configured to perform printing on a print medium; and a reading unit configured to read ..." [Lines 2-3].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
After a careful analysis, as disclosed above, and a careful review of the specification the following limitations in claims 1-3 and 12:
(i) “the communication unit” (Fig. 2, #206): In Para. [0043], the instant Specification discloses an example of the hardware configuration of the Non-AP MLD 101 according to this embodiment. The Non-AP MLD 101 includes a storage unit 201, a control unit 202, a function unit 203, an input unit 204, an output unit 205, a communication unit 206, and an antenna 207;
(ii) “the control unit” (Fig. 2, #202): In Para. [0045], the instant Specification discloses the control unit 202 is formed by, for example, one or more processors such as a central processing unit (CPU) or a micro processing unit (MPU). The one or more processors of the control unit 202 execute a computer program stored in the storage unit 201, thereby controlling the entire Non-AP MLD 101;
(iii) “the notification unit” (Fig. 10): In Para. [0089], the instant Specification discloses a process sequence chart between a Non-AP MLD 101 and an AP MLD 102 according to this embodiment. At the time of start-up of a communication application, the Non-AP MLD 101 transmits, to the AP MLD, an NSTR Operating Mode Notification (NSTR OMN) that is an action frame used to notify an operation mode (S1001);
(iv) “the acceptance unit” (Fig. 2, #204): In Para. [0047], the instant specification discloses the input unit 204 functions as an acceptance unit that accepts various kinds of operations from the user. The input unit 204 includes, for example, at least one input interface such as a touch display, buttons, a mouse, or a microphone;
(v) “the printing unit” (Fig. 2, #203): In Para. [0046], the instant Specification discloses the function unit 203 includes a printer unit (printing unit) that performs printing on a print medium, and a scanner unit (reading unit) that acquires a read image obtained by reading a print medium. The function unit 203 may include a camera unit (image capturing unit) and a projector (projection unit);
(vi) “the reading unit” (Fig. 2, #203): In Para. [0046], the instant Specification discloses the function unit 203 includes a printer unit (printing unit) that performs printing on a print medium, and a scanner unit (reading unit) that acquires a read image obtained by reading a print medium. The function unit 203 may include a camera unit (image capturing unit) and a projector (projection unit).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
(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 1-5 and 12-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHOI et al. (US 20230126559 A1), hereinafter referenced as Choi.
Regarding claims 1 and 13-14, Choi teaches a wireless communication apparatus (Fig. 1, Para. [0049]-Choi discloses the electronic device 101 may include a processor 120, memory 130, an input module 150, a sound output module 155, a display module 160, an audio module 170, a sensor module 176, an interface 177, a connecting terminal 178, a haptic module 179, a camera module 180, a power management module 188, a battery 189, a communication module 190, a subscriber identification module (SIM) 196, or an antenna module 197. Fig. 1, Para. [0283]-Choi discloses software (e.g., the program 140) including one or more instructions that are stored in a storage medium (e.g., internal memory 136 or external memory 138) that is readable by a machine (e.g., the electronic device 101) ... machine-readable storage medium may be provided in the form of a non-transitory storage medium) comprising:
a communication unit configured to, in a case where a plurality of wireless links are established with another wireless communication apparatus (Figs. 4-5, Para. [0111]-Choi discloses the electronic device 410 and/or the external electronic device 420 may support a multi-link operation (MLO). The multi-link operation may be an operation mode for transmitting or receiving data through a plurality of links (e.g., a first link 431 and a second link 432). Figs. 8-9, Para. [0032]-Choi discloses an electronic device and an operation method of an electronic device may perform an operation (e.g., STR, high-level MCS, or high-performance operation mode) corresponding to the state in which a required distance between antennas is relatively large in the state in which a foldable housing is unfolded (or when a rollable housing is in a slide-out state), thereby improving the performance of short-range wireless communication), perform communication
while switching an operation mode between a first operation mode in which while a packet is being transmitted to the other wireless communication apparatus via a first link of the plurality of wireless links, a packet can be received from the other wireless communication apparatus via a second link different from the first link (Para. [0156]-Choi discloses the signal related to a change in the operation of short-range wireless communication may include information instructing to switch to any one of the STR {Simultaneous Transmission and Reception} mode and/or the non-STR mode. The information instructing to switch to any one of the STR mode and/or the non-STR mode may be included in an action frame among management frames defined in IEEE 802.11. Para. [0012]-Choi discloses [0012] the processor may be further configured to: select a mode from among a first mode in which data is transmitted through the first link and in which data is received through the second link, and a second mode in which data is prevented from being received through the second link while transmitting data through the first link, based on identifying that the angle satisfies the specified condition. Para. [0143]-Choi discloses the processor 530 may receive data transmitted by an application processor (e.g., the processor 120 in FIG. 1) and produce a packet for transmitting the received data to the external electronic device 420), and
a second operation mode in which while the packet is being transmitted in the first link, the packet is not received via the second link (Para. [0157]-Choi discloses the non-STR mode may indicate a mode in which the electronic device 410 does not receive data through the second link 432 when transmitting data to the external electronic device 420 through the first link 431); and
a control unit configured to control switching of the operation mode in accordance with a type of an application started up in the wireless communication apparatus (Para. [0157]-Choi discloses the processor 530 may control the communication circuit 520 to switch from the STR mode to the non-STR mode. Para. [0012]-Choi discloses [0012] the processor may be further configured to: select a mode from among a first mode in which data is transmitted through the first link and in which data is received through the second link, and a second mode in which data is prevented from being received through the second link while transmitting data through the first link, based on identifying that the angle satisfies the specified condition. Para. [0154]-Choi discloses the processor 530 receives, from the application processor 120, information indicating that the amount of change in the angle between the first housing structure 210 and the second housing structure 220 satisfies a specified condition).
Regarding claim 2, Choi teaches the apparatus according to claim 1,
Choi further teaches a notification unit configured to notify the other wireless communication apparatus of the operation mode of the communication unit (Para. [0012]-Choi discloses the communication circuit to transmit, through the at least one of the first link and the second link, the signal including information indicating the selected mode. Fig. 5, Para. [0157]-Choi discloses the processor 530 may change a value of a field (e.g., NSTR bitmap) indicating the STR mode, which is included in the management frame (or action frame), to a value indicating the non-STR mode and control the communication circuit 520 to transmit a signal including the changed field to the external electronic device 420).
Regarding claim 3, Choi teaches the apparatus according to claim 2,
Choi further teaches an acceptance unit configured to accept a start-up instruction of the application to be started up (Para. [0203]-Choi discloses the electronic device 410 may transmit, to the external electronic device 420, a signal including information instructing to switch to any one of the STR mode and/or the non-STR mode. Para. [0156]-Choi discloses the information instructing to switch to any one of the STR mode and/or the non-STR mode may be included in an action frame among management frames defined in IEEE 802.11).
Regarding claim 4, Choi teaches the apparatus according to claim 2,
Choi further teaches the notification unit performs a notification to the other wireless communication apparatus using an action frame complying with the IEEE802.11 standard (Fig. 5, Para. [0157]-Choi discloses the processor 530 may change a value of a field (e.g., NSTR bitmap) indicating the STR mode, which is included in the management frame (or action frame), to a value indicating the non-STR mode and control the communication circuit 520 to transmit a signal including the changed field to the external electronic device 420. Para. [0111]-Choi discloses the multi-link operation may be an operation mode to be introduced in IEEE 802.11be, and may be an operation mode for transmitting or receiving data through a plurality of links based on a plurality of bands or channels).
Regarding claim 5, Choi teaches the apparatus according to claim 4,
Choi further teaches the action frame includes at least one of a Maximum Number Of Simultaneous Links subfield, a Non-Simultaneous Transmit and Receive (NSTR) Link Pair Present subfield, an NSTR Bitmap Size subfield, an NSTR Indication Bitmap subfield, and a subfield that exclusively indicates one of a Simultaneous Transmit and Receive (STR) operation mode and an NSTR operation mode (Para. [0157]-Choi discloses a value of a field (e.g., NSTR bitmap) indicating the STR mode, which is included in the management frame (or action frame), to a value indicating the non-STR mode and control the communication circuit 520 to transmit a signal including the changed field to the external electronic device 420).
Regarding claim 12, Choi teaches the apparatus according to claim 1,
Choi further teaches a printing unit configured to perform printing on a print medium (Para. [0106]-Choi discloses the transmission area may include an area overlapping an effective area (e.g., an angle of view) of the first camera module 305 through which light incident on an image sensor to produce an image passes); and
a reading unit configured to read an image printed on the print medium (Para. [0062]-Choi discloses the camera module 180 may capture a still image or moving images. According to an embodiment, the camera module 180 may include one or more lenses, image sensors, image signal processors, or flashes),
the application started up is one of an application configured to transmit image data acquired via the reading unit to the other wireless communication apparatus (Fig. 1, Para. [0050-0051]-Choi discloses the processor 120 may include a main processor 121 (e.g., a central processing unit (CPU) or an application processor (AP)), or an auxiliary processor 123 (e.g., a graphics processing unit (GPU), a neural processing unit (NPU), an image signal processor (ISP) ... while the main processor 121 is in an active state (e.g., executing an application). According to an embodiment, the auxiliary processor 123 (e.g., an image signal processor or a communication processor) may be implemented as part of another component (e.g., the camera module 180 or the communication module 190) functionally related to the auxiliary processor 123) and
an application configured to print image data received from the other wireless communication apparatus on the print medium via the printing unit (Para. [0106]-Choi discloses the transmission area may include an area overlapping an effective area (e.g., an angle of view) of the first camera module 305 through which light incident on an image sensor to produce an image passes).
Allowable Subject matter
Claims 6-11 are allowable.
Dependent claims 6-11 which depend on the independent claim 1 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. The following is a statement of reasons for the indication of allowable subject matter:
No prior art has been found that solely, or in any reasonable combination, reads on the claims as recited, i.e. “…if a ratio of packets modulated and coded by a modulation and coding scheme of a small index to packets received from the other wireless communication apparatus in the application started up is higher than the ratio of the packets modulated and coded by the modulation and coding scheme of the small index to packets received from the wireless communication apparatus in another application, the control unit switches the operation mode from the second operation mode to the first operation mode,” (as in claim 6), “…if a ratio of packets modulated by a modulation scheme in which the number of bits assigned for one modulation symbol is not more than a predetermined value to packets received from the other wireless communication apparatus in the application started up is higher than the ratio of the packets modulated by the modulation scheme in which the number of bits assigned for one modulation symbol is not more than the predetermined value to packets received from the other wireless communication apparatus in another application, the control unit switches the operation mode from the second operation mode to the first operation mode,” (as in claim 7), … (claims 8-10), “… if the start-up instruction of the application to be started up is accepted by the acceptance unit, and a start-up instruction of another application is accepted after the other wireless communication apparatus is notified that an operation is performed in the first operation mode, and before an end instruction of the application is accepted, the control unit causes the communication unit to operate in the second operation mode,” (as in claim 11). The closest prior art found is as follows:
CHOI et al. (US 20230126559 A1) -Abstract – An electronic device includes: a hinge structure; a foldable housing including a first housing structure and a second housing structure that are configured to be foldable relative to each other around the hinge structure; a first antenna provided in the first housing structure; a second antenna provided in the second housing structure; a communication circuit electrically connected to the first antenna and the second antenna, and configured to transmit and receive data through a first link and a second link established between an external electronic device and the electronic device; and a processor operatively connected to the communication circuit, wherein the processor is configured to: identify whether an angle between the first housing structure and the second housing structure satisfies a specified condition; and control the communication circuit to transmit, through at least one of the first link and the second link, a signal related to a change in an operation of short-range wireless communication, based on whether the angle satisfies the specified condition. However, CHOI et al. (US 20230126559 A1) fails to teach the limitations of claims 6-11 as recited in the instant application;
BADIC et al. (US 20200229206 A1)-Abstract – A central trajectory controller including a cell interface configured to establish signaling connections with one or more backhaul moving cells and to establish signaling connections with one or more outer moving cells, an input data repository configured to obtain input data related to a radio environment of the one or more outer moving cells and the one or more backhaul moving cells, and a trajectory processor configured to determine, based on the input data, first coarse trajectories for the one or more backhaul moving cells and second coarse trajectories for the one or more outer moving cells, the cell interface further configured to send the first coarse trajectories to the one or more backhaul moving cells and to send the second coarse trajectories to the one or more outer moving cells. However, BADIC et al. (US 20200229206 A1) fails to teach the limitations of claims 6-11 as recited in the instant application;
Homchaudhuri et al. (US 20220337338 A1)-Abstract – systems, methods, apparatus, including computer programs encoded on computer storage media that support station performance enhancement with multi-link operations. An example method may include determining at least one network metric related to at least one link between a station (STA) and access points (APs) and determining at least one connection parameter related to at least one application operating on the STA. The method may include selecting a mode of multi-link operations based at least in part on the network metric and the connection parameter, wherein the mode of multi-link operations comprises one or more of: a multi-link mode in which the STA operates over a first link and a second link at a same time or a single-link mode in which the STA operates over one of the first or second links and communicating with the one or more APs according to the selected mode. However, Homchaudhuri et al. (US 20220337338 A1) fails to teach the limitations of claims 6-11 as recited in the instant application.
None of these references, taken alone or in any reasonable combination, teach the claims as recited, in the dependent claims 6-11, and thus the limitations of the claims 6-11 are allowable over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm.
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/OO/
Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472