CTNF 18/702,525 CTNF 79004 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 4, 10, 16, 19 and 22 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The word “and” recited in line 8 of the claims 4, 10, and 19 should be changed to -- or – because claim 4 (line 2), claim 10 (line 2) and claim 19 (lines 1- 2) recite “wherein the second identification bit comprises at least one of :..” that means at least one of “an initiator”, and at least one of “a responder”, and at least one of “a transmitter”, and at least one of “a receiver”. SuperGuide Corp. v. DirecTV Enters., Inc., 358F.3d 870, 885-886 (Fed. Cir. 2004). It is impossible the second bit (i.e. 1 or 0 ) indicates all of four elements at the same time. Claim 16 recites both a method of claim 1 and a computer-readable storage medium, and claim 22 recites both a method of claim 7 and an electronic device, which should be rewritten to independent forms to clarify the category (e.g. method, device, or computer-readable storage medium) of each claim. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1-12 and 15-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chitrakar et al (hereinafter “Chitrakar” ), US Pub. 2023/0319877 A1 . Regarding claims 1, 7, 15-16 and 22, Chitrakar discloses a communication apparatus and method for wireless local area network sensing, the apparatus (p. [0017]: fig. 2 shows a communication apparatus that may be implemented as a sensing requester (initiator) or a sensing responder) comprising a memory, a processor and a computer program stored on the memory and runnable on the processor (the apparatus shown in fig. 2 inherently comprises an integrated circuit, a computer program , a storage medium, or any selective combination thereof (p. [0013]) to perform the method) , wherein the processor, when executing the computer program, implements: determining a first message frame, wherein the first message frame comprises capability information used to identify a capability which a device sending the first message frame can support in a wireless local area network (WLAN) sensing procedure; and transmitting the first message frame (fig. 12B, 13, 15B, 16A-B: STA 1/ Requester sends capability, parameters of unsolicited/ solicited sounding request frame (fig. 14, 15A and 18) to responders/ receivers STA 2, STA 3 and STA 4 of a WLAN.) Regarding claims 2, 7 and 17, Chitrakar discloses wherein the capability information comprises a first identification bit to identify a capability of the device supporting a sensing measurement based on a channel state information (CSI) threshold (fig. 13, p. [0105]: The request primitive may also include a threshold value such that the device only reports new CSI values that differ from previous CSI values by greater than the threshold value.) Regarding claims 3, 9 and 18, Chitrakar discloses wherein the capability information further comprises a second identification bit to identify a role of the device in the WLAN sensing procedure (fig. 14, p. [0097]: the Category field 1402 indicates WLAN Sensing and the Action field has a value of 0 referring to an Unsolicited Sounding Request, and the Category field 1406 indicates WLAN Sensing and the Action field has a value of 1 referring to an Unsolicited Sounding Response. Similarly, fig. 9 shows the Sounding Request field 902 and the Sounding Response field 908, p. [0074]-[0075].) Regarding claims 4, 10 and 19, as best understood, Chitrakar discloses wherein the second identification bit comprises at least one of: an initiator identification bit of a capability of the device supporting to act as an initiator in the WLAN sensing procedure; a responder identification bit of a capability of the device supporting to act as a responder in the WLAN sensing procedure; a transmitter identification bit of a capability of the device supporting to act as a transmitter in a sensing measurement phase of the WLAN sensing procedure; and a receiver identification bit of a capability of the device supporting to act as a receiver in the sensing measurement phase (see table 1, p. [0062]: a capability bit may indicate: (i) a sensing requester/ transmitter, i.e. a device capable of requesting another device to transmit sounding PPDUs and providing channel measurement results to higher layer application; (ii) a sensing responder / Receiver, i.e. a device capable of acting as a WLAN Sensing Responder and can transmit sounding PPDU(s) (e.g. NDP) upon request.) Regarding claims 5, 11 and 20, Chitrakar discloses wherein the device supports sub-7GHz spectrum, and identification information to identify the device which supports the sub-7GHz spectrum (p. [0004]-[0006]: mainstream 802.11 devices that operate on frequencies below 7 GHz , which usually perform WLAN sensing by performing channel measurement) is comprised in a capability information element of the first message frame, and wherein the capability information is comprised in an extended capability information element of the first message frame (see p. [0062] and table 4: a 802.11bf device advertises its WLAN sensing capabilities, for example, in exten ded capabilities elements such as a capability bit in a frame according to Table 4. The capability bit may indicate that the 11bf device is: (i) a sensing requester; (ii) a sensing responder; (iii) SENS channel measurement; and (iv) unsolicited sounding.) Regarding claims 6, 12 and 21, Chitrakar discloses wherein the device supports 60GHz spectrum, and the first message frame comprises a directional multi-giga (DMG) capability information element or an enhanced DMG capability information element, and wherein the capability information is comprised in the DMG capability information element or the enhanced DMG capability information element (p. [0004]: Millimeter wave 802.11 devices that operate on frequencies above 60 GHz , e.g. digital multi-gigabit (DMG) and enhanced digital multi-gigabit (EDMG), which are capable of high resolution sensing, where a single device may perform sensing in a monostatic fashion.) Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI D HOANG whose telephone number is (571)272-3184. The examiner can normally be reached 10:30 am-18:30pm. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at (571) 272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. THAI HOANG D. Primary Examiner Art Unit 2463 /THAI DINH HOANG/Primary Examiner, Art Unit 2463 Application/Control Number: 18/702,525 Page 2 Art Unit: 2463 Application/Control Number: 18/702,525 Page 3 Art Unit: 2463 Application/Control Number: 18/702,525 Page 4 Art Unit: 2463 Application/Control Number: 18/702,525 Page 5 Art Unit: 2463 Application/Control Number: 18/702,525 Page 6 Art Unit: 2463
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