DETAILED ACTION
Claims status
In response to the application filed on 08/05/2026, claims 3-5 and 7-10 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3-5 and 8-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, as originally filed, does not reasonably convey to one having ordinary skill in the art that the inventor had possession of the claimed invention as now amended.
Applicant amended claim 3 to recite, inter alia:
“controlling, based on the receiving of the predetermined frame, the communication apparatus to operate in a second power mode in which power consumption is higher than a power consumption in a first power mode,” and
“wherein the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame.”
The originally filed disclosure has been reviewed, and adequate written-description support has not been found for the above newly added limitations and, particularly, for the claimed functional and temporal relationships among (1) receiving the predetermined frame, (2) controlling the communication apparatus, based on receiving the predetermined frame, to operate in a second power mode having higher power consumption than a first power mode, and (3) allowing the second access point to send a frame while the communication apparatus operates in the second power mode based on receiving the predetermined frame.
That is, the originally filed disclosure does not reasonably convey that Applicant was in possession, as of the filing date, of an embodiment in which receipt of the predetermined frame causes or provides the basis for controlling the communication apparatus to transition to or operate in the claimed higher-power second power mode, together with the further claimed relationship in which the second access point is allowed to transmit a frame while the communication apparatus operates in that second power mode based on receipt of the predetermined frame.
Although the originally filed disclosure may separately describe power-save/non-power-save operation, communications involving first and second access points, and/or Coordinated Spatial Reuse, disclosure of these individual concepts does not, without more, provide written-description support for the particular newly claimed combination and causal/temporal relationship among these features.
The written-description requirement does not require the originally filed disclosure to use the identical words subsequently introduced into a claim. Nevertheless, each newly added claim limitation must be expressly, implicitly, or inherently supported by the application as originally filed. The originally filed disclosure must reasonably convey to one of ordinary skill in the art that the inventor had possession of the presently claimed subject matter at the time of filing.
In the present case, Applicant has introduced a specific relationship requiring that receiving the predetermined frame serves as the basis for operation of the communication apparatus in the higher-power second power mode and that the second access point is permitted to transmit while the communication apparatus operates in that second power mode based on receipt of the predetermined frame. Such a relationship is not apparent from the application as originally filed.
Accordingly, the newly amended subject matter constitutes subject matter that is not adequately supported by the original disclosure, and claim 1 therefore fails to comply with the written-description requirement of 35 U.S.C. 112(a). Dependent claims 3-5 and 8-10 are also rejected as being dependency upon the rejected base claims. Applicant is required to identify specific support in the application as originally filed that reasonably conveys possession of the above-recited combination and relationships, or amend the claim to correspond to subject matter adequately supported by the original disclosure.
Claim rejection - 35 USC § U.S.C. 112(b)
Claims 3-5 and 8-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The limitation “wherein the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame” renders the scope of the claim unclear.
Specifically, it is unclear whether the phrase “based on the receiving of the predetermined frame” modifies “the second access point is allowed to send a frame,” such that the second access point is permitted to transmit the frame based on the communication apparatus receiving the predetermined frame, or instead modifies “the communication apparatus operates in the second power mode,” such that operation of the communication apparatus in the second power mode is based on receiving the predetermined frame while the second access point is permitted to transmit. These interpretations recite different functional relationships among the receipt of the predetermined frame, operation in the second power mode, and transmission by the second access point. Accordingly, the metes and bounds of the claimed subject matter cannot be determined with reasonable certainty. Applicant is invited to clarify the intended relationship between receiving the predetermined frame, operation of the communication apparatus in the second power mode, and the second access point being allowed to transmit the frame. Dependent claims 4-5 and 9-10 are also rejected as being dependency upon the rejected base claims. For the examination, Examiner will interpret the claim as best understood.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2021/0120427 A1) in view of Boodannavar et al. (US 2016/0360489 A1), and further in view of Han et al. (US 2022/0070932 A1).
Regarding claim 3: Wang teaches a communication apparatus operating as a station defined by an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard, the communication apparatus comprising:
at least one memory that stores a set of instructions; and at least one processor that executes the instructions, the instructions, when executed, causing the communication apparatus to perform operations comprising:
receiving, from a first access point of a first Basic Service Set (BSS) to which the communication apparatus belongs, a predetermined frame used in performing Coordinated Spatial Reuse between the first access point and a second access point of a second BSS, wherein, in the Coordinated Spatial Reuse, the first access point performs a transmission power control of the second access point (Wang- See, e.g., Wang's coordinated spatial reuse procedures of Figs. 9, 12, and 15-18. Wang teaches that each AP may request its associated STA to perform spatial-reuse measurements, including measurements relating to its own AP and one or more overlapping-BSS (OBSS) APs. The AP may transmit a Measurement Request element to its associated STA requesting measurement of an OBSS AP. The associated STA performs the requested measurement and reports information concerning the OBSS AP. Wang further teaches that the STA may measure received power from an OBSS trigger frame and determine path loss/space loss using transmission-power information associated with the OBSS AP. The resulting measurement information is used in determining and configuring subsequent coordinated spatial-reuse transmissions. See ¶ [0044], and ¶ [0045]).
Wang, however, does not explicitly describe controlling, based on receiving the predetermined frame, the communication apparatus to change from a first lower-power mode to a second power mode having higher power consumption.
Boodannavar et al. teaches controlling, based on receiving the predetermined frame, the communication apparatus to change from a first lower-power mode to a second power mode having higher power consumption. (See, e.g., Fig. 3]. Boodannavar teaches that controlling a wireless communication apparatus, in response to signaling received from its associated wireless access point, to leave a sleep/power-save operating state and operate in an active operating state and the wireless communication device receives a push notification from the WLAN access point. In response, the wireless communication device may exit its sleep state and perform communication requiring higher data throughput, including operating multiple RF transmit chains and/or multiple RF receive chains in a MIMO mode. Accordingly, Boodannavar teaches a first operating mode corresponding to a sleep/power-save state and a second operating mode corresponding to an active state in which additional RF circuitry is operated and power consumption is correspondingly higher than in the sleep/power-save state. See ¶ [0037] and [0042])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang's associated STA such that, upon receiving Wang's Measurement Request or other predetermined signaling used for the coordinated spatial-reuse measurement procedure, the STA exits a first sleep/power-save mode and operates in a second active mode, as taught by Boodannavar.
Neither Wang nor Boodannavar explicitly states that wherein power modes of the communication apparatus include at least the first power mode and the second power mode.
Han et al. expressly teaches such a feature wherein the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame, and wherein power modes of the communication apparatus include at least the first power mode and the second power mode (See, e.g., Han Figs. 8 and 9A-9B. Han teaches that AP1 determines a second transmission-power limit applicable to AP2 based upon path-loss and interference/SIR considerations. AP1 provides AP2 with information indicating the determined transmission-power limitation. Han further teaches an announcement frame containing AP identification information and corresponding maximum transmission-power information, allowing AP2 to identify the transmission-power level applicable to AP2.
Han further teaches sharing a transmission opportunity (TXOP) of AP1 with AP2 based upon the determined transmission-power limitation, such that AP2 is permitted to transmit a second PPDU during the shared TXOP while satisfying the transmission-power restriction determined by AP1. See ¶ [0071-0076]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame, and wherein power modes of the communication apparatus include at least the first power mode and the second power mode as taught by Han to have incorporated in the system of Wang, so that it would provide that the communication apparatus can receive and process the relevant OBSS signaling. During the coordinated spatial-reuse interval, the first AP controls the permitted transmission power of the second AP and permits the second AP to transmit under the determined power restriction.
Regarding claim 7: Wang teaches a communication method performed by a station defined by an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard, the communication method comprising:
receiving, from a first access point of a first Basic Service Set (BSS) to which the communication apparatus belongs, a predetermined frame used in performing Coordinated Spatial Reuse between the first access point and a second access point of a second BSS, wherein, in the Coordinated Spatial Reuse, the first access point performs a transmission power control of the second access point (Wang- See, e.g., Wang's coordinated spatial reuse procedures of Figs. 9, 12, and 15-18. Wang teaches that each AP may request its associated STA to perform spatial-reuse measurements, including measurements relating to its own AP and one or more overlapping-BSS (OBSS) APs. The AP may transmit a Measurement Request element to its associated STA requesting measurement of an OBSS AP. The associated STA performs the requested measurement and reports information concerning the OBSS AP. Wang further teaches that the STA may measure received power from an OBSS trigger frame and determine path loss/space loss using transmission-power information associated with the OBSS AP. The resulting measurement information is used in determining and configuring subsequent coordinated spatial-reuse transmissions. See ¶ [0044], and ¶ [0045]).
Wang, however, does not explicitly describe controlling, based on receiving the predetermined frame, the communication apparatus to change from a first lower-power mode to a second power mode having higher power consumption.
Boodannavar et al. teaches controlling, based on receiving the predetermined frame, the communication apparatus to change from a first lower-power mode to a second power mode having higher power consumption. (See, e.g., Fig. 3]. Boodannavar teaches that controlling a wireless communication apparatus, in response to signaling received from its associated wireless access point, to leave a sleep/power-save operating state and operate in an active operating state and the wireless communication device receives a push notification from the WLAN access point. In response, the wireless communication device may exit its sleep state and perform communication requiring higher data throughput, including operating multiple RF transmit chains and/or multiple RF receive chains in a MIMO mode. Accordingly, Boodannavar teaches a first operating mode corresponding to a sleep/power-save state and a second operating mode corresponding to an active state in which additional RF circuitry is operated and power consumption is correspondingly higher than in the sleep/power-save state. See ¶ [0037] and [0042])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang's associated STA such that, upon receiving Wang's Measurement Request or other predetermined signaling used for the coordinated spatial-reuse measurement procedure, the STA exits a first sleep/power-save mode and operates in a second active mode, as taught by Boodannavar.
Neither Wang nor Boodannavar explicitly states that wherein power modes of the communication apparatus include at least the first power mode and the second power mode.
Han et al. expressly teaches such a feature wherein the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame, and wherein power modes of the communication apparatus include at least the first power mode and the second power mode (See, e.g., Han Figs. 8 and 9A-9B. Han teaches that AP1 determines a second transmission-power limit applicable to AP2 based upon path-loss and interference/SIR considerations. AP1 provides AP2 with information indicating the determined transmission-power limitation. Han further teaches an announcement frame containing AP identification information and corresponding maximum transmission-power information, allowing AP2 to identify the transmission-power level applicable to AP2.
Han further teaches sharing a transmission opportunity (TXOP) of AP1 with AP2 based upon the determined transmission-power limitation, such that AP2 is permitted to transmit a second PPDU during the shared TXOP while satisfying the transmission-power restriction determined by AP1. See ¶ [0071-0076]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame, and wherein power modes of the communication apparatus include at least the first power mode and the second power mode as taught by Han to have incorporated in the system of Wang, so that it would provide that the communication apparatus can receive and process the relevant OBSS signaling. During the coordinated spatial-reuse interval, the first AP controls the permitted transmission power of the second AP and permits the second AP to transmit under the determined power restriction.
Regarding claim 8: Wang teaches a non-transitory computer readable storage medium storing a program causing a computer to execute a communication method for a station defined by an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard, the communication method comprising:
receiving, from a first access point of a first Basic Service Set (BSS) to which the communication apparatus belongs, a predetermined frame used in performing Coordinated Spatial Reuse between the first access point and a second access point of a second BSS, wherein, in the Coordinated Spatial Reuse, the first access point performs a transmission power control of the second access point (Wang- See, e.g., Wang's coordinated spatial reuse procedures of Figs. 9, 12, and 15-18. Wang teaches that each AP may request its associated STA to perform spatial-reuse measurements, including measurements relating to its own AP and one or more overlapping-BSS (OBSS) APs. The AP may transmit a Measurement Request element to its associated STA requesting measurement of an OBSS AP. The associated STA performs the requested measurement and reports information concerning the OBSS AP. Wang further teaches that the STA may measure received power from an OBSS trigger frame and determine path loss/space loss using transmission-power information associated with the OBSS AP. The resulting measurement information is used in determining and configuring subsequent coordinated spatial-reuse transmissions. See ¶ [0044], and ¶ [0045]).
Wang, however, does not explicitly describe controlling, based on receiving the predetermined frame, the communication apparatus to change from a first lower-power mode to a second power mode having higher power consumption.
Boodannavar et al. teaches controlling, based on receiving the predetermined frame, the communication apparatus to change from a first lower-power mode to a second power mode having higher power consumption. (See, e.g., Fig. 3]. Boodannavar teaches that controlling a wireless communication apparatus, in response to signaling received from its associated wireless access point, to leave a sleep/power-save operating state and operate in an active operating state and the wireless communication device receives a push notification from the WLAN access point. In response, the wireless communication device may exit its sleep state and perform communication requiring higher data throughput, including operating multiple RF transmit chains and/or multiple RF receive chains in a MIMO mode. Accordingly, Boodannavar teaches a first operating mode corresponding to a sleep/power-save state and a second operating mode corresponding to an active state in which additional RF circuitry is operated and power consumption is correspondingly higher than in the sleep/power-save state. See ¶ [0037] and [0042])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang's associated STA such that, upon receiving Wang's Measurement Request or other predetermined signaling used for the coordinated spatial-reuse measurement procedure, the STA exits a first sleep/power-save mode and operates in a second active mode, as taught by Boodannavar.
Neither Wang nor Boodannavar explicitly states that wherein power modes of the communication apparatus include at least the first power mode and the second power mode.
Han et al. expressly teaches such a feature wherein the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame, and wherein power modes of the communication apparatus include at least the first power mode and the second power mode (See, e.g., Han Figs. 8 and 9A-9B. Han teaches that AP1 determines a second transmission-power limit applicable to AP2 based upon path-loss and interference/SIR considerations. AP1 provides AP2 with information indicating the determined transmission-power limitation. Han further teaches an announcement frame containing AP identification information and corresponding maximum transmission-power information, allowing AP2 to identify the transmission-power level applicable to AP2.
Han further teaches sharing a transmission opportunity (TXOP) of AP1 with AP2 based upon the determined transmission-power limitation, such that AP2 is permitted to transmit a second PPDU during the shared TXOP while satisfying the transmission-power restriction determined by AP1. See ¶ [0071-0076]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the second access point is allowed to send a frame while the communication apparatus operates in the second power mode based on the receiving of the predetermined frame, and wherein power modes of the communication apparatus include at least the first power mode and the second power mode as taught by Han to have incorporated in the system of Wang, so that it would provide that the communication apparatus can receive and process the relevant OBSS signaling. During the coordinated spatial-reuse interval, the first AP controls the permitted transmission power of the second AP and permits the second AP to transmit under the determined power restriction.
Allowable Subject Matter
Claims 4-5 and 9-10 are objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
In response to the amendment as filed on 08/05/82026, Applicant has amended all the independent claims. Thus, Applicant’s arguments with respect to claims 3-5, and 7-10 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. 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 the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAI AUNG/
Primary Examiner, Art Unit 2416
