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 .
Status of Claims
Claims 1, 6-8, 15, and 30-44 are pending in the current application. Claims 15 and 38-44 are withdrawn from consideration as being directed to a nonelected invention.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/22/2026 and 07/16/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Response to Arguments
Applicant's arguments filed 07/16/2026 have been fully considered but they are not persuasive.
Applicant argues that Fang and Fang(2) does not disclose the limitation of “responsive to determining that the first wireless device has low latency data to transmit, wirelessly transmitting an acknowledgement (ACK) frame that acknowledges the data frame to the second wireless device, wherein the ACK frame includes an indication that the first wireless device has low latency data to transmit so the second wireless device may consider holding its transmission” as recited in independent claim 1. The examiner respectfully disagrees.
As previously cited in the recent office action, Fang teaches transmitting block acknowledgement in response to determining that a ULL STA has low latency data to transmit (Fang – Fig. 4A; Paragraph [0048], provisional paragraph [0048], note there may be a BA (block acknowledgment) following each PSDU; Paragraph [0057], provisional paragraph [0053], note the AP sends a time-critical packet status report request frame (a trigger frame) to all or a group of ULL STAs, the AP then triggers the ULL STA to send the TC packet over the assigned RU and receive a Block Acknowledgement (BA). Additionally, Fang(2) teaches wherein the block acknowledgement includes an indication that the first wireless device has low latency data to transmit (Fang(2) – Fig. 4A, Fig. 4B; Paragraph [0066], provisional paragraph [0086], note the BA (block acknowledgment) for the previous UL PPDU and trigger frame for the next UL PPDU can be integrated in a single frame; Paragraph [0070], provisional paragraph [0090], note upon reception of the BA+TF frame, if the LL (low latency) transmitters know the end of the following UL PPDU frame and has LL packet to be sent, they can send SR (suspend request) frame, it can be as short as one STF (short training field); Paragraph [0071], provisional paragraph [0092], note upon the detection of the STF, the AP will suspend the following BA+TF transmission and continue to decode the SR from the LL STAs, the TF frame (of the aggregated BA+TF frame) may set the preemption bit = 0 to avoid the interruption of the following LL transmission). To be more specific, the aggregated block acknowledgement and trigger frame (BA+TF frame) comprises a preemption bit to indicate whether the following low latency transmission can be preempted. It would have been obvious to one of ordinary skill in the art for the preemption bit to also serve as an indication of low latency data in the context of Fang(2), since it is associated with a suspend request frame transmitted in response to low latency transmitters having low latency packets/data to be sent. Therefore, the combination of Fang and Fang(2) still discloses “responsive to determining that the first wireless device has low latency data to transmit, wirelessly transmitting an acknowledgement (ACK) frame that acknowledges the data frame to the second wireless device, wherein the ACK frame includes an indication that the first wireless device has low latency data to transmit so the second wireless device may consider holding its transmission” as recited in independent claim 1.
Claim Rejections - 35 USC § 103
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.
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 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 1, 6, and 30-37 are rejected under 35 U.S.C. 103 as being unpatentable over Fang et al. (US 2023/0300883 A1, provisional application no. 63/429,943), hereinafter referred to as Fang, in view of Fang et al. (US 2023/0208774 A1, provisional application no. 63/437,035), hereinafter referred to as Fang (2).
Regarding claim 1, Fang teaches a method performed by a first wireless device in a wireless network, the method comprising:
wirelessly receiving a data frame from a second wireless device in the wireless network (Fang – Fig. 3A, Fig. 3B; Paragraph [0047], provisional paragraph [0045], note long downlink Transmit Opportunity (DL TXOP) transmission, where a downlink time-critical (DL TC) packet is intended for delivery to another different Station (STA); Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP, ULL STA); and
responsive to determining that the first wireless device has low latency data to transmit, wirelessly transmitting an acknowledgement (ACK) frame that acknowledges the data frame to the second wireless device (Fang – Fig. 4A; Paragraph [0048], provisional paragraph [0048], note there may be a BA (block acknowledgment) following each PSDU; Paragraph [0057], provisional paragraph [0053], note the AP sends a time-critical packet status report request frame (a trigger frame) to all or a group of ULL STAs, the AP then triggers the ULL STA to send the TC packet over the assigned RU and receive a Block Acknowledgement (BA)).
Fang does not teach wherein the ACK frame includes an indication that the first wireless device has low latency data to transmit so the second wireless device may consider holding its transmission.
In an analogous art, Fang(2) teaches wherein the ACK frame includes an indication that the first wireless device has low latency data to transmit so the second wireless device may consider holding its transmission (Fang(2) – Fig. 4A, Fig. 4B; Paragraph [0066], provisional paragraph [0086], note the BA (block acknowledgment) for the previous UL PPDU and trigger frame for the next UL PPDU can be integrated in a single frame; Paragraph [0070], provisional paragraph [0090], note upon reception of the BA+TF frame, if the LL (low latency) transmitters know the end of the following UL PPDU frame and has LL packet to be sent, they can send SR (suspend request) frame, it can be as short as one STF (short training field); Paragraph [0071], provisional paragraph [0092], note upon the detection of the STF, the AP will suspend the following BA+TF transmission and continue to decode the SR from the LL STAs, the TF frame (of the aggregated BA+TF frame) may set the preemption bit = 0 to avoid the interruption of the following LL transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang in order to use the aggregated block acknowledgment + trigger frame to indicate low latency data for suspending transmission of non-low latency data, reducing signaling overhead (Fang(2) – Paragraph [0066], provisional paragraph [0086]).
Regarding claim 6, Fang does not teach wherein the indication that the first wireless device has low latency data to transmit is included in a field of a preamble of the ACK frame.
In an analogous art, Fang(2) teaches wherein the indication that the first wireless device has low latency data to transmit is included in a field of a preamble of the ACK frame (Fang(2) – Paragraph [0070], provisional paragraph [0090], note upon reception of the BA+TF frame, if the LL (low latency) transmitters know the end of the following UL PPDU frame and has LL packet to be sent, they can send SR (suspend request) frame, it can be as short as one STF (short training field); Paragraph [0071], provisional paragraph [0092], note upon the detection of the STF, the AP will suspend the following BA+TF transmission and continue to decode the SR from the LL STAs).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang for the same reason as claim 1 above.
Regarding claim 30, Fang does not teach the method further comprising: wirelessly transmitting a low latency data frame to a third wireless device following transmission of the ACK frame, wherein the third wireless device is the same as the second wireless device or is another wireless device that is different from the second wireless device.
In an analogous art, Fang(2) teaches the method further comprising:
wirelessly transmitting a low latency data frame to a third wireless device following transmission of the ACK frame, wherein the third wireless device is the same as the second wireless device or is another wireless device that is different from the second wireless device (Fang(2) – Fig. 4B; Paragraph [0071], provisional paragraph [0092], note the AP can assign RUs for the LL STAs to send UL LL packet, which will be indicated in the next aggregated BA+ TF frame, the TF frame may set the preemption bit = 0 to avoid the interruption of the following LL transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang for the same reason as claim 1 above.
Regarding claim 31, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as an access point (AP) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note AP(s) 102; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP; Paragraph [0049], provisional paragraph [0048], note an access point (AP) is communicating with various stations (STAs), the AP schedules DL transmissions).
Regarding claim 32, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as a non-access point (AP) station (STA) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note any addressable unit may be a station (STA), a single addressable unit might simultaneously be a portable STA, a quality-of-service (QoS) STA, a dependent STA, and a hidden STA; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, ULL STA).
Regarding claim 33, the combination of Fang and Fang(2), specifically Fang teaches wherein the second wireless device is a transmission opportunity (TXOP) holder and the first wireless device is a TXOP responder (Fang – Fig. 3A, Fig. 3B; Paragraph [0047], provisional paragraph [0045], note long downlink Transmit Opportunity (DL TXOP) transmission, where a downlink time-critical (DL TC) packet is intended for delivery to another different Station (STA); Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP, ULL STA).
Regarding claim 34, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as an access point (AP) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note AP(s) 102; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP; Paragraph [0049], provisional paragraph [0048], note an access point (AP) is communicating with various stations (STAs), the AP schedules DL transmissions).
Regarding claim 35, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as a non-access point (AP) station (STA) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note any addressable unit may be a station (STA), a single addressable unit might simultaneously be a portable STA, a quality-of-service (QoS) STA, a dependent STA, and a hidden STA; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, ULL STA).
Regarding claim 36, the combination of Fang and Fang(2), specifically Fang teaches wherein the ACK frame is a block ACK frame (Fang – Fig. 3A, Fig. 3B, Fig. 4A; Paragraph [0048], provisional paragraph [0048], note there may be a BA (block acknowledgment) following each PSDU; Paragraph [0057], provisional paragraph [0053], note the AP sends a time-critical packet status report request frame (a trigger frame) to all or a group of ULL STAs, the AP then triggers the ULL STA to send the TC packet over the assigned RU and receive a Block Acknowledgement (BA)).
Regarding claim 37, Fang does not teach wherein the indication that the first wireless device has low latency data to transmit is included in a media access control (MAC) field of the block ACK frame.
In an analogous art, Fang(2) teaches wherein the indication that the first wireless device has low latency data to transmit is included in a media access control (MAC) field of the block ACK frame (Fang(2) – Paragraph [0077], provisional paragraph [0108], note using one bit in the MAC header to indicate whether preemption is allowed or not SIFS + duration (e.g. UL TB data/BA PPDU length in common info field) + Tp after the end of the current PPDU).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang for the same reason as claim 1 above.
Allowable Subject Matter
Claims 7-8 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:
Applicant’s dependent claims recite:
wherein the field of the preamble (of the ACK frame indicating that the first wireless device has low latency data to transmit) is a universal signal (U-SIG) field; and
wherein the field of the preamble (of the ACK frame indicating that the first wireless device has low latency data to transmit) is an ultra high reliability signal (UHR-SIG) field.
The limitations above are neither taught nor suggested by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yu (US 2023/0284250 A1) discloses a reserved field of a block acknowledgement control field indicating whether low latency transmission is allowed and/or to indicate whether a TXOP can be further subleased for low latency transmission.
Ryu et al. (US 2024/0056968 A1) discloses a block acknowledgement frame indication TXOP preemption for low latency frame transmission.
Chu et al. (US 2024/0284496 A1) discloses a STA sending a block acknowledgement frame with an indication of following low latency preemption.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILOR C HSU whose telephone number is (571)272-1729. The examiner can normally be reached Mon-Fri. 9:00 am - 5:00 pm.
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/BAILOR C HSU/Primary Examiner, Art Unit 2461
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