DETAILED ACTION
This Action is in response to Applicant’s amendment filed on 7/16/2026. Claims 1, 4-11, and 14-20 are still pending in the present application. This Action is made FINAL.
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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-11, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xin et al. (U.S. Patent Application Publication No. 2022/0385518) in view of Wu et al. (U.S. Patent Application Publication No. 2021/0281363)
Referring to Claim 1, Xin et al. discloses a method, comprising:
generating a multi-resource unit (MRU) comprising an aggregate of a plurality of
resource units (RUs) (pars 28 and 160-169, RUs of MRU transmitted), wherein the generating of the MRU comprises segment parsing data tones of the plurality of RUs of the MRU in a proportional round robin fashion (pars 28 and 77, segment parser, round robin); and transmitting the MRU with equal modulation (EQM) or with unequal modulation (UEQM) (pars 28, 81, and 160-169, perform same modulation over RUs of MRU) in a bandwidth of 480MHz or greater (par 99, 802.11ah operational band and greater).
However, Xin et al. do not disclose segment parsing data tones in a proportional round robin fashion based on respective numbers of coded bits per subcarrier per spatial stream for respective frequency segments or frequency subblocks, and wherein the respective numbers are associated with respective modulations applied to respective RUs in the respective frequency segments or frequency subblocks, and wherein two or more different modulations are applied to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth (pars 28, 81, and 160-169, perform same modulation over RUs of MRU).
In the same field of endeavor, Wu et al. discloses segment parsing data tones in a proportional round robin fashion based on respective numbers of coded bits per subcarrier per spatial stream for respective frequency segments or frequency subblocks, and wherein the respective numbers are associated with respective modulations applied to respective RUs in the respective frequency segments or frequency subblocks (par 112, RUs – different frequency sub-blocks, tone mappings, coded bits per symbol per spatial stream – RUs, round robin; Also, pars 117 and 118), and wherein two or more different modulations are applied to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth (pars 117 and par 118, different modulation).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate segment parsing data tones in a proportional round robin fashion based on respective numbers of coded bits per subcarrier per spatial stream for respective frequency segments or frequency subblocks, and wherein the respective numbers are associated with respective modulations applied to respective RUs in the respective frequency segments or frequency subblocks, and wherein two or more different modulations are applied to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth, as taught by Wu et al., in the method of Xin et al., for the purpose of performing wireless communication between electronic devices using OFDMA, and further utilizing predefined resource units allocated to a device (Wu et al., Abstract).
Referring to Claim 4 as applied to Claim 1 above, Xin et al. as modified disclose the method, wherein the generating of the MRU comprises segment parsing data tones of the plurality of RUs of the MRU in a proportional round robin fashion with the UEQM (Xin et al., pars 28, 77, 81, 108, and 160-169, perform modulation over RUs of MRU, round robin; Also, par 120).
Referring to Claim 5 as applied to Claim 4 above, Xin et al. disclose as modified the method, wherein the transmitting of the MRU comprises transmitting the MRU with the UEQM by applying two or more different modulations to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth (Xin et al., par 23 and 113, different modulation; Also, par 120).
Referring to Claim 6 as applied to Claim 1 above, Xin et al. as modified disclose the method, wherein the generating of the MRU comprises generating: twelve 484-tone RUs of the MRU to be transmitted in a 480MHz bandwidth; or six 996-tone RUs of the MUR to be transmitted in the 480MHz bandwidth; or sixteen 484-tone RUs of the MRU to be transmitted in a 640MHz bandwidth; or eight 996-tone RUs of the MUR to be transmitted in the 640MHz bandwidth (Xin et al., par 108, 484/996 tone; par 99, 802.11 bands).
Referring to Claim 7 as applied to Claim 1 above, Xin et al. as modified disclose the method, wherein the generating of the MRU comprises generating the MRU with a one-hole puncture (Xin et al., pars 28,77, and 79, parse, puncture).
Referring to Claim 8 as applied to Claim 7 above, Xin et al. as modified disclose the method, wherein the MRU comprises: five 996-tone RUs plus one 484-tone RU to be transmitted in a 480MHz bandwidth; or five 996-tone RUs to be transmitted in the 480MHz bandwidth; or four 996-tone RUs to be transmitted in the 480MHz bandwidth; or four 996-tone RUs plus one 484-tone RU to be transmitted in the 480MHz bandwidth; or seven 996-tone RUs to be transmitted in a 640MHz bandwidth; or six 996-tone RUs to be transmitted in the 640MHz bandwidth; or five 996-tone RUs to be transmitted in the 640MHz bandwidth; or four 996-tone RUs to be transmitted in the 640MHz bandwidth; or seven 996-tone RUs plus one 484-tone RU to be transmitted in the 640MHz bandwidth; or six 996-tone RUs plus one 484-tone RU to be transmitted in the 640MHz bandwidth (Xin et al., par 108, 484/996 tone; par 99, 802.11 bands).
Referring to Claim 9 as applied to Claim 1 above, Xin et al. as modified disclose the method, wherein the generating of the MRU comprises generating the MRU with a two-hole puncture (Xin et al., pars 28,77, and 79, parse, puncture).
Referring to Claim 10 as applied to Claim 9 above, Xin et al. as modified disclose the method, wherein the MRU comprises: four 996-tone RUs plus one 484-tone RU to be transmitted in a 480MHz bandwidth; or six 996-tone RUs to be transmitted in a 640MHz bandwidth; or four 996-tone RUs to be transmitted in the 640MHz bandwidth; or six 996-tone RUs plus one 484-tone RU to be transmitted in the 640MHz bandwidth (Xin et al., par 108, 484/996 tone; par 99, 802.11 bands).
Referring to Claim 11, Xin et al. disclose an apparatus (pars 103, 158, and 165, Wi-Fi apparatus), comprising:
a transceiver configured to communicate wirelessly (pars 103, 158, and 165, Wi-Fi apparatus with transmitter/receiver, related functionalities); and
a processor coupled to the transceiver and configured to perform operations comprising (par 105, Wi-Fi apparatus, processor):
generating a multi-resource unit (MRU) comprising an aggregate of a plurality of resource units (RUs) (pars 28 and 160-169, RUs of MRU transmitted), wherein the generating of the MRU comprises segment parsing data tones of the plurality of RUs of the MRU in a proportional round robin fashion (pars 28 and 77, segment parser, round robin); and
transmitting, via the transceiver, the MRU with equal modulation (EQM) or with unequal modulation (UEQM) in a bandwidth of 480MHz or greater (par 99, 802.11ah operational band and greater).
However, Xin et al. do not disclose segment parsing data tones in a proportional round robin fashion based on respective numbers of coded bits per subcarrier per spatial stream for respective frequency segments or frequency subblocks, and wherein the respective numbers are associated with respective modulations applied to respective RUs in the respective frequency segments or frequency subblocks, and wherein two or more different modulations are applied to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth (pars 28, 81, and 160-169, perform same modulation over RUs of MRU).
In the same field of endeavor, Wu et al. discloses segment parsing data tones in a proportional round robin fashion based on respective numbers of coded bits per subcarrier per spatial stream for respective frequency segments or frequency subblocks, and wherein the respective numbers are associated with respective modulations applied to respective RUs in the respective frequency segments or frequency subblocks (par 112, RUs – different frequency sub-blocks, tone mappings, coded bits per symbol per spatial stream – RUs, round robin; Also, pars 117 and 118), and wherein two or more different modulations are applied to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth (pars 117 and par 118, different modulation).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate segment parsing data tones in a proportional round robin fashion based on respective numbers of coded bits per subcarrier per spatial stream for respective frequency segments or frequency subblocks, and wherein the respective numbers are associated with respective modulations applied to respective RUs in the respective frequency segments or frequency subblocks, and wherein two or more different modulations are applied to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth, as taught by Wu et al., in the apparatus of Xin et al., for the purpose of performing wireless communication between electronic devices using OFDMA, and further utilizing predefined resource units allocated to a device (Wu et al., Abstract).
Referring to Claim 14 as applied to Claim 11 above, Xin et al. as modified disclose the apparatus, wherein the generating of the MRU comprises segment parsing data tones of the plurality of RUs of the MRU in a proportional round robin fashion with the UEQM (Xin et al., pars 28, 77, 81, 108, and 160-169, perform modulation over RUs of MRU, round robin; Also, par 120).
Referring to Claim 15 as applied to Claim 14 above, Xin et al. as modified disclose the apparatus, wherein the transmitting of the MRU comprises transmitting the MRU with the UEQM by applying two or more different modulations to two or more RUs of the plurality of RUs across a plurality of frequency segments or frequency subblocks in the bandwidth (Xin et al., par 23 and 113, different modulations; Also, par 120).
Referring to Claim 16 as applied to Claim 11 above, Xin et al. as modified disclose the apparatus, wherein the generating of the MRU comprises generating: twelve 484-tone RUs of the MRU to be transmitted in a 480MHz bandwidth; or six 996-tone RUs of the MUR to be transmitted in the 480MHz bandwidth; or sixteen 484-tone RUs of the MRU to be transmitted in a 640MHz bandwidth; or eight 996-tone RUs of the MUR to be transmitted in the 640MHz bandwidth (Xin et al., par 108, 484/996 tone; par 99, 802.11 bands).
Referring to Claim 17 as applied to Claim 11 above, Xin et al. as modified disclose the apparatus, wherein the generating of the MRU comprises generating the MRU with a one-hole puncture (Xin et al., pars 28,77, and 79, parse, puncture).
Referring to Claim 18 as applied to Claim 17 above, Xin et al. as modified disclose the apparatus, wherein the MRU comprises: five 996-tone RUs plus one 484-tone RU to be transmitted in a 480MHz bandwidth; or five 996-tone RUs to be transmitted in the 480MHz bandwidth; or four 996-tone RUs to be transmitted in the 480MHz bandwidth; or four 996-tone RUs plus one 484-tone RU to be transmitted in the 480MHz bandwidth; or seven 996-tone RUs to be transmitted in a 640MHz bandwidth; or six 996-tone RUs to be transmitted in the 640MHz bandwidth; or five 996-tone RUs to be transmitted in the 640MHz bandwidth; or four 996-tone RUs to be transmitted in the 640MHz bandwidth; or seven 996-tone RUs plus one 484-tone RU to be transmitted in the 640MHz bandwidth; or six 996-tone RUs plus one 484-tone RU to be transmitted in the 640MHz bandwidth (Xin et al., par 108, 484/996 tone; par 99, 802.11 bands).
Referring to Claim 19 as applied to Claim 11 above, Xin et al. as modified disclose the apparatus, wherein the generating of the MRU comprises generating the MRU with a two-hole puncture (Xin et al., pars 28,77, and 79, parse, puncture).
Referring to Claim 20 as applied to Claim 11 above, Xin et al. as modified disclose the apparatus, wherein the MRU comprises: four 996-tone RUs plus one 484-tone RU to be transmitted in a 480MHz bandwidth; or six 996-tone RUs to be transmitted in a 640MHz bandwidth; or four 996-tone RUs to be transmitted in the 640MHz bandwidth; or six 996-tone RUs plus one 484-tone RU to be transmitted in the 640MHz bandwidth (Xin et al., par 108, 484/996 tone; par 99, 802.11 bands).
Response to Arguments
Applicant's arguments filed 7/16/2026 have been fully considered but are moot in view of new grounds of rejection necessitated by amendment. See the above rejection for the relevant citations found in the cited prior art disclosing the amended limitations.
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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAIL KHAN whose telephone number is (571)270-7187. The examiner can normally be reached on M-TH 8:30am-6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 5712727915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/Suhail Khan/
Primary Examiner, Art Unit 2642