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 .
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).
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Claims 19-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-18 of U.S. Patent No. US12063686B2. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 19-39of the present application are obvious based on Claims 1-18 of U.S. Patent No. US12063686B2 in view of Mukherjee et al. (US20170188387A1) (hereinafter “Muk”) in view of Gou et al. (US20180235007A1)
See table below.
18/773,717
US12063686B2
Claim 20
A communication dev ice, comiprising: control circuitry configured to:
set, for each band of a plurality of bands, a random backoff time that is band-specific:
set, as a first band, a band of the plurality of bands for which a
start a simultaneous transmission in the plurality of bands when the random backoff time for the first band reaches zero
Claim 1
A communication device comprising:
a transceiver configured to transmit and receive wireless signals in a plurality of bands; and
circuitry configured to control an operation in the transceiver, wherein
the circuitry is configured to set, for each band, a first random standby time for performing transmission in each of the plurality of bands, set a second random standby time for performing simultaneous transmission of data in two or more of the plurality of bands, and control a countdown of the second random standby time or a countdown of the first random standby time of each band on a basis of a comparison between the first random standby time of each band and the second random standby time,
wherein, when there are less than two bands in which the first random standby time is less than the second random standby time, the circuitry is configured to perform control to start the countdown of the first random standby time of each of the plurality of bands and perform data transmission in a band in which the countdown of the first random standby time has ended.
Claim 30
The communication device according to claim 20,wherein the control unit is configured to set the random
Claim 2
The communication device according to claim 1, wherein
the circuitry is configured to control a data transmission operation by the transceiver after the countdown of the first random standby time or the countdown of the second random standby time ends.
Claim 39
A communication system. comprising: a station having control circuitry; and an access point. wherein the control circuitry is configured to: set, for each band of a plurality of bands, a random backoff time that is band-specific: set. as a first band,
Claim 18
A communication method comprising the steps of:
setting, for each band, a first random standby time for performing transmission in each of a plurality of bands;
setting a second random standby time for performing simultaneous transmission of data in two or more of the plurality of bands;
controlling a countdown of the second random standby time or a countdown of the first random standby time of each band on a basis of a comparison between the first random standby time of each band and the second random standby time; and
when there are less than two bands in which the first random standby time is less than the second random standby time, starting the countdown of the first random standby time of each of the plurality of bands and performing data transmission in a band in which the countdown of the first random standby time has ended.
All dependent claims are similar to parent claims 1,30,39
Patent No. US12063686B2 does not explicitly disclose receive, a random backoff time that is band-specific ;set, as a first band, a band of the plurality of bands for which a longest random backoff time is set
Mukherjee et al. (US20170188387A1) (hereinafter “Muk”) in view of Gou et al. (US20180235007A1) teaches, a random backoff time that is band-specific ;set, as a first band, a band of the plurality of bands for which a longest random backoff time is set
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Patent No. US12063686B2 to add proxy logic for system bus connection to support graceful linking and unlinking of plurality of endpoint devices of Patent No. US12063686B2 in view of Mukherjee et al. (US20170188387A1) (hereinafter “Muk”) in view of Gou et al. (US20180235007A1) to add flexibility band specific backoff timer threshold.
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, 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) 20-23,25,28,29,37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Mukherjee et al. (US20170188387A1) (hereinafter “Muk”) in view of Gou et al. (US20180235007A1)
Regarding Claim 20, Muk teaches, A communication device, comprising: control circuitry configured to: set, for each band of a plurality of bands, a random backoff time that is band-specific: [70]- The LBT unit 28 is configured to perform sensing via backoff channel sensing unit 32 for each of multiple component carriers (CCs) to determine whether a clear channel exists on a carrier during the CW. [72]- All CCs share a common CW. In the figure, each CC performs a successful LBT procedure via the listen before talk unit 28 with the same random backoff counter at subframe 0, followed by a transmission burst of four subframes via of transmitter 30.
start a simultaneous transmission in the plurality of bands when the random backoff time for the first band reaches zero [72]- All CCs share a common CW. In the figure, each CC performs a successful LBT procedure via the listen before talk unit 28 with the same random backoff counter at subframe 0, followed by a transmission burst of four subframes via of transmitter 30.
Muk does not teach, set, as a first band, a band of the plurality of bands for which a longest random backoff time is set
Gou teaches, set, as a first band, a band of the plurality of bands for which a longest random backoff time is set: and[85]- Alternatively, the one of the unlicensed carriers is the one has the largest or smallest contention back-off window.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, set, as a first band, a band of the plurality of bands for which a longest random backoff time is set as taught by Gou to add threshold to timer.
Regarding Claim 21, Muk teaches, The communication device according to claim 20. wherein the control circuitry is configured to delay the simultaneous transmission when the random backoff time for the first band has not reached zero. [90]- CCs that have completed their backoff may defer their transmission until other, additional CCs also complete their backoff.
Regarding Claim 22, Muk does not teach, The communication device according to claim 20 wherein the random backoff time for each band of the plurality of bands is measured in time slots
Gou teaches, The communication device according to claim 20 wherein the random backoff time for each band of the plurality of bands is measured in time slots. [244]- the station sends it for a duration and then stops sending it for a duration, as such, when the Scell and the PLAAcell are neighboring frequency points, the CCA detection on the Scell by the station may be carried out within a time of stopping sending the signal in the PLAAcell by the station
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 20 wherein the random backoff time for each band of the plurality of bands is measured in time slots as taught by Gou to add threshold to timer.
Regarding Claim 23, Muk does not teach, The communication device according to claim 20,wherein the control circuitry is configured to determine a state of each band of the plurality of bands
Gou teaches, The communication device according to claim 20,wherein the control circuitry is configured to determine a state of each band of the plurality of bands.[156]- when eCCA detections of a plurality of unlicensed carriers simultaneously indicate idle, decrement a value of N; and when the value of N is 0, the plurality of unlicensed carriers are preempted by the station simultaneously;
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 20,wherein the control circuitry is configured to determine a state of each band of the plurality of bands as taught by Gou to add threshold to timer.
Regarding Claim 25, Muk teaches, The communication device according to claim 24,wherein the state is an idle state or a busy state.[107]- or this purpose, the network node 20 evaluates whether the channel is idle on all other carriers that are doing full random backoff or does a quick CCA check on the other carriers without full random backoff
Regarding Claim 28, Muk does not teach, The communication device according to claim 27. wherein the control circuitn- is configured to reset the random backoff time for the specific band when the backoff procedure for the specific band is resumed
Gou teaches, The communication device according to claim 27. wherein the control circuitn- is configured to reset the random backoff time for the specific band when the backoff procedure for the specific band is resumed.[21]- when extended Clear Channel Assessment (eCCA) detections of a plurality of unlicensed carriers simultaneously indicate idle, decrementing a value of N; and when the value of N is 0, the plurality of unlicensed carriers are preempted by the station simultaneously;
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 27. wherein the control circuitry- is configured to reset the random backoff time for the specific band when the backoff procedure for the specific band is resumed as taught by Gou to add threshold to timer.
Regarding Claim 29, Muk teaches, The communication device according to claim 27 wherein the control circuitry is configured to hold the random backoff time for the specific band until the backoff procedure for the specific band is resumed.[125]- In some embodiments, a step of the process includes performing sensing via backoff channel sensing unit 32 for each of multiple component carriers, CCs, to determine whether a clear channel exists on a CC during the CW (block S100).
Regarding Claim 37, Muk does not teach, The communication device according to claim 20. wherein the control circuitry is configured to control a transmission of capability information to another communication device 38
Gou teaches, The communication device according to claim 20. wherein the control circuitry is configured to control a transmission of capability information to another communication device 38[50]- Alternatively, the apparatus further includes a transmission module, which is configured to: transmit data on the unlicensed carriers, whose rights of use are obtained, in a carrier aggregation manner.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 20. wherein the control circuitry is configured to control a transmission of capability information to another communication device 38 as taught by Gou to add threshold to timer.
Regarding Claim 38, Muk teaches, a communication method comprising: setting, for each band of a plurality of bands, a random backoff time that is band- specific: [70]- The LBT unit 28 is configured to perform sensing via backoff channel sensing unit 32 for each of multiple component carriers (CCs) to determine whether a clear channel exists on a carrier during the CW. [72]- All CCs share a common CW. In the figure, each CC performs a successful LBT procedure via the listen before talk unit 28 with the same random backoff counter at subframe 0, followed by a transmission burst of four subframes via of transmitter 30.
starting a simultaneous transmission in the plurality of bands when the random backoff time for the first band reaches zero. [72]- All CCs share a common CW. In the figure, each CC performs a successful LBT procedure via the listen before talk unit 28 with the same random backoff counter at subframe 0, followed by a transmission burst of four subframes via of transmitter 30.
Muk does not teach, setting, as a first band, a band of the plurality of bands for which a longest random backoff time is set
Gou teaches, setting, as a first band, a band of the plurality of bands for which a longest random backoff time is set [85]- Alternatively, the one of the unlicensed carriers is the one has the largest or smallest contention back-off window.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, setting, as a first band, a band of the plurality of bands for which a longest random backoff time is set as taught by Gou to add threshold to timer.
Regarding Claim 39, Muk teaches, A communication system. comprising: a station having control circuitry; and an access point. wherein the control circuitry is configured to: set, for each band of a plurality of bands, a random backoff time that is band-specific [70]- The LBT unit 28 is configured to perform sensing via backoff channel sensing unit 32 for each of multiple component carriers (CCs) to determine whether a clear channel exists on a carrier during the CW. [72]- All CCs share a common CW. In the figure, each CC performs a successful LBT procedure via the listen before talk unit 28 with the same random backoff counter at subframe 0, followed by a transmission burst of four subframes via of transmitter 30.
start a simultaneous transmission to the access point in the plurality of bands when the random backoff time for the first band reaches zero. [72]- All CCs share a common CW. In the figure, each CC performs a successful LBT procedure via the listen before talk unit 28 with the same random backoff counter at subframe 0, followed by a transmission burst of four subframes via of transmitter 30.
Muk does not teach, set. as a first band, a band of the plurality of bands for which a longest random backoff time is set
Gou teaches, set. as a first band, a band of the plurality of bands for which a longest random backoff time is set [85]- Alternatively, the one of the unlicensed carriers is the one has the largest or smallest contention back-off window.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, set. as a first band, a band of the plurality of bands for which a longest random backoff time is set as taught by Gou to add threshold to timer.
Claim(s) 30-36 are rejected under 35 U.S.C. 103 as being unpatentable over Mukherjee et al. (US20170188387A1) (hereinafter “Muk”) in view of Gou et al. (US20180235007A1) in further view of Ahn et al. (US20190223219A1)
Regarding Claim 30, Muk does not teach, The communication device according to claim 20,wherein the control unit is configured to set the random backoff time based on enhanced distributed channel access (EDCA) parameters
Ahn teaches, The communication device according to claim 20,wherein the control unit is configured to set the random backoff time based on enhanced distributed channel access (EDCA) parameters. [28]- urther, the channel access may be performed based on a backoff procedure using a backoff timer obtained within a contention window of a corresponding access category, and the EDCA parameters may include a contention window minimum value a
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 20,wherein the control unit is configured to set the random backoff time based on enhanced distributed channel access (EDCA) parameters as taught by Ahn to add threshold to timer.
Regarding Claim 31, Muk does not teach, The communication device according to claim 30,wherein the EDCA parameters includes a contention window and a slot time
Ahn teaches, The communication device according to claim 30,wherein the EDCA parameters includes a contention window and a slot time. [18]- EDCA parameters may include a contention window minimum value and a contention window maximum value for setting the contention window.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 30,wherein the EDCA parameters includes a contention window and a slot time as taught by Ahn to add threshold to timer.
Regarding Claim 32, Muk does not teach, The communication device according to claim 30,wherein the control circuitry is configured to control a reception of the EDCA parameters from another communication device.
Ahn teaches, The communication device according to claim 30,wherein the control circuitry is configured to control a reception of the EDCA parameters from another communication device. [16]- Further, the MU EDCA timer may be set to a value of an MU EDCA timer subfield of the MU EDCA parameter set most recently received from a base wireless communication terminal to which the terminal is associated.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 30,wherein the control circuitry is configured to control a reception of the EDCA parameters from another communication device. as taught by Ahn to add threshold to timer.
Regarding Claim 33, Muk does not teach, The communication device according to claim 32. wherein the control circuitry is configured to control the reception of the EDCA parameters at a time of connection.
Ahn teaches,The communication device according to claim 32. wherein the control circuitry is configured to control the reception of the EDCA parameters at a time of connection. [20]- updating enhanced distributed channel access (EDCA) parameters for channel access, wherein the EDCA parameters are updated based on an EDCA parameter set selected from a first EDCA parameter set and a second EDCA parameter set;
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 32. wherein the control circuitry is configured to control the reception of the EDCA parameters at a time of connection as taught by Ahn to add threshold to timer.
Regarding Claim 34, Muk does not teach, The communication device according to claim 32,wherein the control circuitry is configurd to control the reception of the EDCA parameters at a time of connection
Ahn teaches, The communication device according to claim 32,wherein the control circuitry is configurd to control the reception of the EDCA parameters at a time of connection[83]- The EDCA parameter set is a set of parameters for channel access, including AIFSN, CWmin and CWmax of the corresponding AC.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 32,wherein the control circuitry is configurd to control the reception of the EDCA parameters at a time of connection as taught by Ahn to add threshold to timer.
Regarding Claim 35, Muk does not teach, The communication device according to claim 30. wherein the control circuitn- is configured to hold the EDCA parameters for each band of the plurality of bands
Ahn teaches, The communication device according to claim 30. wherein the control circuitn- is configured to hold the EDCA parameters for each band of the plurality of bands. .[95]- If the legacy EDCA parameter set is not received from the AP to which the STA is associated, the STA updates the EDCA parameters based on the predetermined default EDCA parameter set.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 30. wherein the control circuitn- is configured to hold the EDCA parameters for each band of the plurality of bands as taught by Ahn to add threshold to timer.
Regarding Claim 36, Muk does not teach, The communication device according to claim 30,wherein the control circuitry is configured to hold the EDCA parameters in common for the plurality of bands
Ahn teaches, The communication device according to claim 30,wherein the control circuitry is configured to hold the EDCA parameters in common for the plurality of bands. [99]- he update count subfield is initially set to zero and is incremented each time the MU EDCA parameter is changed. Accordingly, the update count subfield indicates information on how many times the MU EDCA parameter has been changed.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk, The communication device according to claim 30,wherein the control circuitry is configured to hold the EDCA parameters in common for the plurality of bands as taught by Ahn to add threshold to timer.
Claim(s) 24,26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Mukherjee et al. (US20170188387A1) (hereinafter “Muk”) in view of Gou et al. (US20180235007A1) in further view of Bhorkar et al. (US20180255576A1)
Regarding Claim 24, Muk over Guo does not teach, The communication device according to claim 23. wherein the control circuitry is configured to determine whether to interrupt a backoff procedure for a specific band of the plurality of bands on the basis of the state of the specific band
Bhorkar teaches, The communication device according to claim 23. wherein the control circuitry is configured to determine whether to interrupt a backoff procedure for a specific band of the plurality of bands on the basis of the state of the specific band.Fig 3 [35]- and if it is determined to be busy in operation 324, the deferral period of operation 316 is restarted. If the channel is not busy in operation 324, the counter decrements in operation 322.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk in view of Guo, The communication device according to claim 23. wherein the control circuitry is configured to determine whether to interrupt a backoff procedure for a specific band of the plurality of bands on the basis of the state of the specific band as taught by Bhorkar to add threshold to timer.
Regarding Claim 26, Muk over Guo does not teach, The communication device according to claim 25,wherein the control circuitry is configured to interrupt the backoff procedure for the specific band if the state of the specific band transitions to the busy state
Bhorkar teaches, The communication device according to claim 25,wherein the control circuitry is configured to interrupt the backoff procedure for the specific band if the state of the specific band transitions to the busy state.[35]- If the channel is not busy in operation 324, the counter decrements in operation 322.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk in view of Guo, The communication device according to claim 25,wherein the control circuitry is configured to interrupt the backoff procedure for the specific band if the state of the specific band transitions to the busy state as taught by Bhorkar to add threshold to timer.
Regarding Claim 27, Muk over Guo does not teach, The communication device according to claim 26. wherein the control circuitry is configured to resume the backoff procedure for the specific band if the state of the specific band returns to the idle state
Bhorkar teaches, The communication device according to claim 26. wherein the control circuitry is configured to resume the backoff procedure for the specific band if the state of the specific band returns to the idle state.[42]- When at the first primary carrier reaches the end of its corresponding back-off period, a self-deferral period begins in operation 720 to allow any other channels to achieve an idle state and align transmissions with the first primary carrier.
It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Muk in view of Guo, The communication device according to claim 26. wherein the control circuitry is configured to resume the backoff procedure for the specific band if the state of the specific band returns to the idle state as taught by Bhorkar to add threshold to timer.
Conclusion
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/ANINDITA SEN/Examiner, Art Unit 2478
/JOSEPH E AVELLINO/Supervisory Patent Examiner, Art Unit 2478
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