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 .
Response to Amendment
This is in response to an amendment/response/communication filed 10/2/2024.
No claims have been cancelled.
No claims have been added.
Claims(s) 1-15 is/are currently pending.
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 7/2/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Drawings
The drawings were received on 6/11/2024. These drawings are accepted.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 2, 3. 4, 5, 6, 7, 8, 9, 10 of U.S. Patent No. US 12035382. Although the claims at issue are not identical, they are not patentably distinct from each other because:
As to claim 1:
U.S. Application 18740445
U.S. Patent No. 12035382
A non-transitory computer-readable recording medium on which a program is recorded, wherein the program, when executed, enables a computer to perform operations comprising:
sending a transmission frame, wherein the transmission frame comprises a first part and a second part, wherein the first part of the transmission frame comprises a preamble part of the transmission frame,
the second part of the transmission frame comprises a data part of the transmission frame, wherein the data part of the transmission frame comprises scheduling information for demodulating data in the transmission frame, and
the first part of the transmission frame is sent using a first quantity of subcarriers, the second part of the transmission frame is sent using a second quantity of subcarriers, the first quantity is not equal to the second quantity,
a transmission bandwidth used by the first part of the transmission frame and a transmission bandwidth used by the second part of the transmission frame are equal, and
a spacing of the first quantity of subcarriers is greater than a spacing of the second quantity of subcarriers.
A communications device, comprising: a transceiver, configured to
send a transmission frame, wherein the transmission frame comprises a first part and a second part, wherein the first part of the transmission frame comprises a preamble part of the transmission frame,
the second part of the transmission frame comprises a data part of the transmission frame, wherein the data part of the transmission frame comprises scheduling information for demodulating data in the transmission frame, and
the first part of the transmission frame is sent using a first quantity of subcarriers, the second part of the transmission frame is sent using a second quantity of subcarriers, the first quantity is not equal to the second quantity,
a transmission bandwidth used by the first part of the transmission frame and a transmission bandwidth used by the second part of the transmission frame are equal, and
a spacing of the first quantity of subcarriers is greater than a spacing of the second quantity of subcarriers. (claim 1)
As to claim 2:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 1,
wherein the preamble part of the transmission frame carries demodulation information of the second part of the transmission frame.
The communications device according to claim 1,
wherein the preamble part of the transmission frame carries demodulation information of the second part of the transmission frame. (claim 2)
As to claim 3:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 2,
wherein the preamble part of the transmission frame comprises a legacy short training field (L-STF), a legacy long training field (L-LTF), legacy signaling (L-SIG), and a high efficiency wireless local area network signaling (HEW-SIG), and wherein the HEW-SIG carries the demodulation information of the second part of the transmission frame.
The communications device according to claim 2,
wherein the preamble part of the transmission frame comprises a legacy short training field (L-STF), a legacy long training field (L-LTF), legacy signaling (L-SIG), and a high efficiency wireless local area network signaling (HEW-SIG), and wherein the HEW-SIG carries the demodulation information of the second part of the transmission frame. (claim 3)
As to claim 4:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 3,
wherein the demodulation information of the second part of the transmission frame comprises at least one of subcarrier quantity information of the second part of the transmission frame or Modulation and Coding Scheme (MCS) information of the second part of the transmission frame.
The communications device according to claim 3,
wherein the demodulation information of the second part of the transmission frame comprises at least one of subcarrier quantity information of the second part of the transmission frame or Modulation and Coding Scheme (MCS) information of the second part of the transmission frame. (claim 4)
As to claim 5:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 1,
wherein the computer is a wireless access point (AP).
The communications device according to claim 1,
wherein the communications device is a wireless access point (AP). (claim 5)
As to claim 6:
U.S. Application 18740445
U.S. Patent No. 12035382
A non-transitory computer-readable recording medium on which a program is
recorded, wherein the program, when executed, enables a computer to perform operations
comprising:
receiving a transmission frame, wherein the transmission frame comprises a first part and a second part,
wherein the first part of the transmission frame comprises a preamble part of the transmission frame,
the second part of the transmission frame comprises a data part of the transmission frame,
wherein the data part of the transmission frame comprises scheduling information for demodulating data in the transmission frame, and
the first part of the transmission frame is received using Fourier transform of a first quantity of subcarriers,
the second part of the transmission frame is received using Fourier transform of a second quantity of subcarriers,
the first quantity is not equal to the second quantity,
a transmission bandwidth used by the first part of the transmission frame and a transmission bandwidth used by the second part of the transmission frame are equal, and
a spacing of the first quantity of subcarriers is greater than a spacing of the second quantity of subcarriers.
A communications device, comprising:
a transceiver, configured to
receive a transmission frame, wherein the transmission frame comprises a first part and a second part,
wherein the first part of the transmission frame comprises a preamble part of the transmission frame,
the second part of the transmission frame comprises a data part of the transmission frame,
wherein the data part of the transmission frame comprises scheduling information for demodulating data in the transmission frame, and
the first part of the transmission frame is received using Fourier transform of a first quantity of subcarriers,
the second part of the transmission frame is received using Fourier transform of a second quantity of subcarriers,
the first quantity is not equal to the second quantity,
a transmission bandwidth used by the first part of the transmission frame and a transmission bandwidth used by the second part of the transmission frame are equal, and
a spacing of the first quantity of subcarriers is greater than a spacing of the second quantity of subcarriers. (claim 6)
As to claim 7:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 6,
wherein the preamble part of the transmission frame carries demodulation information of the second part of the transmission frame.
The communications device according to claim 6,
wherein the preamble part of the transmission frame carries demodulation information of the second part of the transmission frame. (claim 7)
As to claim 8:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 7,
wherein the preamble part of the transmission frame comprises a legacy short training field (L-STF), a legacy long training field (L-LTF), legacy signaling (L-SIG), and a high efficiency wireless local area network signaling (HEW-SIG), and wherein the HEW-SIG carries the demodulation information of the second part of the transmission frame.
The communications device according to claim 7,
wherein the preamble part of the transmission frame comprises a legacy short training field (L-STF), a legacy long training field (L-LTF), legacy signaling (L-SIG), and a high efficiency wireless local area network signaling (HEW-SIG), and wherein the HEW-SIG carries the demodulation information of the second part of the transmission frame. (claim 8)
As to claim 9:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 8,
wherein the demodulation information of the second part of the transmission frame comprises at least one of subcarrier quantity information of the second part of the transmission frame or Modulation and
Coding Scheme (MCS) information of the second part of the transmission frame.
The communications device according to claim 8,
wherein the demodulation information of the second part of the transmission frame comprises at least one of subcarrier quantity information of the second part of the transmission frame or Modulation and Coding Scheme (MCS) information of the second part of the transmission frame. (claim 9)
As to claim 10:
U.S. Application 18740445
U.S. Patent No. 12035382
The computer-readable recording medium according to claim 6,
wherein the computer is a user station (STA).
The communications device according to claim 6,
wherein the communications device is a user station (STA). (claim 10)
As to claim 11:
U.S. Application 18740445
U.S. Patent No. 12035382
A program which makes a computer to perform operations comprising:
sending a transmission frame, wherein the transmission frame comprises a first part and a second part, wherein the first part of the transmission frame comprises a preamble part of the transmission frame,
the second part of the transmission frame comprises a data part of the transmission frame, wherein the data part of the transmission frame comprises scheduling
information for demodulating data in the transmission frame, and
the first part of the transmission frame is sent using a first quantity of subcarriers,
the second part of the transmission frame is sent using a second quantity of subcarriers, the first quantity is not equal to the second quantity,
a transmission bandwidth used by the first part of the transmission frame and a transmission bandwidth used by the second part of the transmission frame are equal, and
a spacing of the first quantity of subcarriers is greater than a spacing of the second quantity of subcarriers.
A communications device, comprising: a transceiver, configured to
send a transmission frame, wherein the transmission frame comprises a first part and a second part, wherein the first part of the transmission frame comprises a preamble part of the transmission frame,
the second part of the transmission frame comprises a data part of the transmission frame, wherein the data part of the transmission frame comprises scheduling information for demodulating data in the transmission frame, and
the first part of the transmission frame is sent using a first quantity of subcarriers,
the second part of the transmission frame is sent using a second quantity of subcarriers, the first quantity is not equal to the second quantity,
a transmission bandwidth used by the first part of the transmission frame and a transmission bandwidth used by the second part of the transmission frame are equal, and
a spacing of the first quantity of subcarriers is greater than a spacing of the second quantity of subcarriers. (claim 1)
As to claim 12:
U.S. Application 18740445
U.S. Patent No. 12035382
The program according to claim 11,
wherein the preamble part of the
transmission frame carries demodulation information of the second part of the transmission frame.
The communications device according to claim 1,
wherein the preamble part of the transmission frame carries demodulation information of the second part of the transmission frame. (claim 2)
As to claim 13:
U.S. Application 18740445
U.S. Patent No. 12035382
The program according to claim 12,
wherein the preamble part of the
transmission frame comprises a legacy short training field (L-STF), a legacy long training field
(L-LTF), legacy signaling (L-SIG), and a high efficiency wireless local area network signaling
(HEW-SIG), and wherein the HEW-SIG carries the demodulation information of the second part
of the transmission frame.
The communications device according to claim 2,
wherein the preamble part of the transmission frame comprises a legacy short training field (L-STF), a legacy long training field (L-LTF), legacy signaling (L-SIG), and a high efficiency wireless local area network signaling (HEW-SIG), and wherein the HEW-SIG carries the demodulation information of the second part of the transmission frame. (claim 3)
As to claim 14:
U.S. Application 18740445
U.S. Patent No. 12035382
The program according to claim 13,
wherein the demodulation information of
the second part of the transmission frame comprises at least one of subcarrier quantity information
of the second part of the transmission frame or Modulation and Coding Scheme (MCS)
information of the second part of the transmission frame.
The communications device according to claim 3,
wherein the demodulation information of the second part of the transmission frame comprises at least one of subcarrier quantity information of the second part of the transmission frame or Modulation and Coding Scheme (MCS) information of the second part of the transmission frame. (claim 4)
As to claim 15:
U.S. Application 18740445
U.S. Patent No. 12035382
The program according to claim 11,
wherein the computer is a wireless access
point (AP).
The communications device according to claim 1,
wherein the communications device is a wireless access point (AP). (claim 5)
Claim Objections
Claim 2 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: line 1 notes “The computer-readable recording medium” which has not previously been noted. The Examiner suggests changing to “The non-transitory computer-readable recording medium”, or something similar. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 11-15 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because “A program” does not fall withing any of the categories as noted by process, machine, manufacture or composition of matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20150146653 – teaches one non-zero tones every 4 tones which uses a wider bandwidth (see para. 0128).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL K PHILLIPS whose telephone number is (571)272-1037. The examiner can normally be reached M-F 8am-10am, 1pm-5pm.
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If attempts to reach the Examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Ngo can be reached on 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL K. PHILLIPS
Examiner
Art Unit 2464
/MICHAEL K PHILLIPS/Examiner, Art Unit 2464
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