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 .
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1-6, 9-11, 13-14, 21-22, 25-26 is/are rejected under 35 U.S.C. 102[a2] as being anticipated by Suh [US 2022/0399923].
As claims 1 and 25, Suh [US 2022/0399923] discloses a communication method, performed by an access point device [Fig 1, Ref 102 is AP, Par. 0035], comprising: determining a polling frame [Fig 1 discloses Ap determines polling frame such as sensing announcement frame, Ref 122], wherein the polling frame comprises information for detecting availabilities of all station devices participating in wireless local area network (WLAN) sensing measurement determined by an access point device [Fig 3-4 discloses a SAF includes information “to detect the available stations want to participate in the WLAN” by send a response back, Fig 1, Par. 0008, 0039, 0046-0047], the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame [Par. 0045-0047 discloses polling frame which includes each ID and RU for each station to response to polling frame such as feedback information based on the indicated RU for station in the polling frame], sending the polling frame [Fig 1, Ref 122].
As claims 13 and 26, Suh [US 2022/0399923] discloses communication method, performed by a station device, comprising: receiving a polling frame from an access point device, wherein the polling frame comprises information for detecting availabilities of all station devices participating in wireless local area network (WLAN) sensing measurement determined by the access point device [Par. 0008 discloses AP send SAF “polling frame” for detecting the available stations want to participant in WLAN], the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame [Par. 0045-0047 discloses polling frame which includes each ID and RU for each station to response to polling frame such as feedback information based on the indicated RU for station in the polling frame], and sending a response frame for the polling frame [Par. 0008 discloses station reply a response based on the indicated RU in polling frame].
As claims 2 and 14, Suh [US 2022/0399923] discloses the information comprises a first information field associated with the WLAN sensing measurement [Fig 3, Ref setup ID, Par. 0049-0050].
As claim 3, Suh [US 2022/0399923] discloses the first information field comprises an identifier used to identify at least one sensing measurement exchange participated by the station device [Par. 0008, 0010, 0049 discloses instance ID].
As claim 4, Suh [US 2022/0399923] discloses wherein the first information field comprises at least one sensing measurement setup identifier [Par. 0008, 0010, 0049], and wherein the first information field further comprises an identifier of at least one sensing measurement exchange corresponding to each sensing measurement setup identifier [Par. 0008, 0010, 0049, 0054 discloses setup ID and instance ID].
As claim 5, Suh [US 2022/0399923] discloses wherein the first information field comprises at least one sensing measurement session identifier [Fig 4, Par. 0008, 0010, 0054, 0064-0067 discloses sensing measurement session identifier], and wherein the first information field further comprises at least one sensing measurement setup identifier corresponding to each sensing measurement session identifier [Par. Par. 0008, 0010, 0054, 0064-0067 discloses measurement setup ID for sensing measurement session identifier] and an identifier of at least one sensing measurement exchange corresponding to each sensing measurement setup identifier [Par. 0008, 0010, 0054, 0064-0067 discloses measurement setup ID corresponds to measurement instance identifier].
As claim 6, Suh [US 2022/0399923] discloses the information further comprises a second information field associated with the station device [Fig. 3-4, Par. 0046-0047, station ID].
As claims 9 and 21, Suh [US 2022/0399923] discloses sending the polling frame comprises: sending the polling frame at a specific bandwidth [Fig 3-4 discloses BW field at Par. 0050, 0055 ].
As claims 10 and 22, Suh [US 2022/0399923] discloses the specific bandwidth is different from a bandwidth used in a WLAN sensing measurement process [Par. 0050-0051 a bandwidth of measurement phase/feedback is different from bandwidth of SAF, Par. 0169, Par. 0007].
As claim 11, Suh [US 2022/0399923] discloses wherein the specific bandwidth is an elementary bandwidth of 20MHz [Par. 0052].
Claim(s) 8, 12, 20 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suh [US 2022/0399923] as applied to claims 1 and 13 above, and further in view of in view of Trainin [US 2023/0009140].
As claims 8 and 20, Suh [US 2022/0399923] discloses the information further comprises a receiver address [Fig 3-4 discloses receiver address by Mac Header], wherein, in case that the first information field comprises at least one sensing measurement setup identifier, [Fig 3 discloses receiver address wherein setup ID in the frame], wherein, in case that the first information field does not comprise the at least one sensing measurement setup identifier, [Fig 4 discloses receiver address when frame does not includes SSUID]. However, Suh [US 2022/0399923] fail to discloses the receiver address is a broadcast address. In the same field of endeavor, Trainin [US 2023/0009140] discloses in case that the first information field comprises at least one sensing measurement setup identifier the receiver address is a broadcast address [Par. 0011 discloses receiver address is broadcast address].
Since, it’s well-known in the art, the polling or announcement frame must use broadcast or multicast for detecting the stations within it coverage. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system includes receiver address is a broadcast address as disclosed by Trainin into the teaching of Suh [US 2022/0399923]. The motivation would have been to reduce the overhead signaling.
As claims 12 and 24, Suh [US 2022/0399923] fails to disclose what Trainin [US 2023/0009140] discloses sending the polling frame comprises: sending the polling frame periodically or one time at a specific time point, wherein the specific time point is determined during a WLAN sensing measurement setup process between the access point device and the station device [Fig 8, Ref 810-830 discloses scheduling time is based on the setup and negotiating between the nodes as showed in Fig 9 and Par. 0007, 0045, 0125, 0139, 0143].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising sending the polling frame periodically or one time at a specific time point, wherein the specific time point is determined during a WLAN sensing measurement setup process between the access point device and the station device as disclosed by Trainin into the teaching of Suh [US 2022/0399923]. The motivation would have been to reduce overhead signaling.
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.
Claim(s) 1-6, 8-14, 20-22, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trainin [US 2023/0009140] in view of Chen [US 2023/0396957] or Lan [US 2018/0132228].
As claims 1 and 25, Trainin [US 2023/0009140] discloses a communication method, performed by an access point device [Fig 10B, AP], comprising: determining a polling frame [Fig 10A disclose Ap determines polling/triggering frame], wherein the polling frame comprises information for detecting availabilities of all station devices participating in wireless local area network (WLAN) sensing measurement determined by an access point device [Fig 10B discloses a polling/triggering frame includes information “to detect the stations want to participate in the WLAN based on broadcast address, Fig 1], and sending the polling frame [Fig 10B, Ref 1032, 1052]. However, Trainin [US 2023/0009140] fails to fully disclose the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame. In the same field of endeavor, Chen [US 2023/0396957] or Lan [US 2018/0132228] discloses the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame [Chen discloses Par. 0107, 0127 and Lan Par. 0061-0068, Fig 2C disclose frame includes AID and RU of each of stations for sending packet in response to polling frame].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame as disclosed by Chen [US 2023/0396957] or Lan [US 2018/0132228] into the teaching of Trainin [US 2023/0009140]. The motivation would have been to prevent collision.
As claims 13 and 26, Trainin [US 2023/0009140] communication method, performed by a station device, comprising: receiving a polling frame from an access point device, wherein the polling frame comprises information for detecting availabilities of all station devices participating in wireless local area network (WLAN) sensing measurement determined by the access point device [Fig 10, Ref 1032, STAs receives poll based on broadcast address] wherein the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame; and sending a response frame for the polling frame [Fig 10A, STAs send 1034]. However, Trainin [US 2023/0009140] fails to fully disclose the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame. In the same field of endeavor, Chen [US 2023/0396957] or Lan [US 2018/0132228] discloses the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame [Chen discloses Par. 0107, 0127 and Lan Par. 0061-0068, Fig 2C disclose frame includes AID and RU of each of stations for sending packet in response to polling frame].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame as disclosed by Chen [US 2023/0396957] or Lan [US 2018/0132228] into the teaching of Trainin [US 2023/0009140]. The motivation would have been to prevent collision.
As claims 2 and 14, Trainin [US 2023/0009140] discloses the information comprises a first information field associated with the WLAN sensing measurement [Fig 10B, Ref setup and instance ID, Par. 0046, 0049].
As claim 3, Trainin [US 2023/0009140] discloses the first information field comprises an identifier used to identify at least one sensing measurement exchange participated by the station device [Fig 10B, ID, Par. 0046, 0049].
As claim 4, Trainin [US 2023/0009140] discloses wherein the first information field comprises at least one sensing measurement setup identifier [Fig 10B, ID, Par. 0046, 0049], and wherein the first information field further comprises an identifier of at least one sensing measurement exchange corresponding to each sensing measurement setup identifier [Fig 10B, ID, Par. 0046, 0049].
As claim 5, Trainin [US 2023/0009140] discloses wherein the first information field comprises at least one sensing measurement session identifier [Par. 0013 and 0150 discloses sensing measurement session identifier], and wherein the first information field further comprises at least one sensing measurement setup identifier corresponding to each sensing measurement session identifier [Par. 0013, 0149 discloses measurement setup ID for sensing measurement session identifier] and an identifier of at least one sensing measurement exchange corresponding to each sensing measurement setup identifier [Par. 0013, 0150 discloses measurement setup ID corresponds to measurement instance identifier].
As claim 6, Trainin [US 2023/0009140] discloses the information further comprises a second information field associated with the station device [Fig. 21, Par. 0013 and 0150, station ID].
As claims 8 and 20, Trainin [US 2023/0009140] discloses the information further comprises a receiver address [Par. 0011 discloses receiver address], wherein, in case that the first information field comprises at least one sensing measurement setup identifier, the receiver address is a broadcast address [Par. 0011 discloses receiver address is broadcast address, since the first and second in case do not includes and statement, so, it is or statement], wherein, in case that the first information field does not comprise the at least one sensing measurement setup identifier, the receiver address is a multicast address or a broadcast address [Par. 0011 discloses receiver address is broadcast address, since the first and second in case do not includes and statement, so, it is or statement].
As claims 9 and 21, Trainin [US 2023/0009140] discloses sending the polling frame comprises: sending the polling frame at a specific bandwidth [Fig 10A, Ref 1030 discloses Ref 1032 is sent via specific bandwidth for polling phase].
As claims 10 and 22, Trainin [US 2023/0009140] discloses the specific bandwidth is different from a bandwidth used in a WLAN sensing measurement process [Fig 10A, a bandwidth of measurement phase is different from bandwidth of polling phase, Par. 0169, Par. 0007].
As claim 11, Trainin [US 2023/0009140] discloses wherein the specific bandwidth is an elementary bandwidth of 20MHz [Par. 0059].
As claims 12 and 24, Trainin [US 2023/0009140] discloses sending the polling frame comprises: sending the polling frame periodically or one time at a specific time point, wherein the specific time point is determined during a WLAN sensing measurement setup process between the access point device and the station device [Fig 8, Ref 810-830 discloses scheduling time is based on the setup and negotiating between the nodes as showed in Fig 9 and Par. 0007, 0045, 0125, 0139, 0143].
Response to Arguments
Applicant's arguments filed 9/21/2026 have been fully considered but they are not persuasive.
In response to applicant argument that Suh fails to disclose “the polling frame comprises an identifier of each station device, and a resource unit used by each station device to respond to the polling frame”. In reply, the examiner disagrees with applicant because in Bri, Suh clearly discloses a trigger frame comprising comprises an identifier of each station device, and a resource unit used by each station device to respond to polling frame [Par. 0039, 0046-0047 discloses SAF frame com comprises an identifier of each station device, and a resource unit used by each station device to send a feedback to AP based on RU indicates in SAF “read on respond to polling frame”].
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 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 STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414
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