CTNF 18/778,539 CTNF 95519 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. Double Patenting 08-33 AIA 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 31-32, 35-36, 39-42, 45-46, 50-51, 54-55 and 58 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-4, 8-13, 18-21 and 25 of U.S. Patent No. 12,057,909 B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because both claims are directed to LIMITATIONS. Below is a table showing the correspondence between instant Claims ## and Claims ## of the conflicting Patent, with differences underlined . Claim No. instant application (18/778,539) Conflicting Patent (US 12,057,909 B2) Claim No. 31 An apparatus, comprising: An apparatus, comprising: 1 circuitry coupled with the interface, the circuitry operable to execute one or more instructions that when executed cause the circuitry to: an interface; and circuitry coupled with the interface, the circuitry operable to execute one or more instructions that when executed cause the circuitry to: determine two or more channel bandwidth parameters for channel allocations, each channel bandwidth parameter to indicate a frequency range as one or multiple 2.16 Gigahertz (GHz) channels; determine a channel bandwidth parameter for a channel allocation, the channel bandwidth parameter to indicate a frequency range as one or multiple 2.16 Gigahertz (GHz) channels; Claim 4. The apparatus of claim 1, the circuitry to determine a second channel bandwidth parameter for a second channel allocation, 1+4 generate a frame comprising two or more bandwidth fields , each bandwidth field to indicate a different one of the two or more channel bandwidth parameters; and generate a frame comprising an extended schedule element for the channel allocation, the extended schedule element comprising a channel allocation field comprising a bandwidth field to indicate the channel bandwidth parameter as one or multiple 2.16 GHz channels; and Claim 4. … the extended schedule element (i.e. frame) comprising a second channel allocation field comprising a second bandwidth field indicating the second channel bandwidth parameter, 1+4 cause transmission of the frame. cause transmission of the frame. 32 The apparatus of claim 31, The apparatus of claim 1, 3 wherein the frame is part of a communication exchange to establish a service period (SP) or a contention based access period (CBAP). the circuitry to determine the channel allocation for a contention based access period (CBAP) or a service period (SP), wherein the channel allocation enables one or more stations (STAs) to communicate during the CBAP or the SP using the channel allocation. 35 The apparatus of claim 31, The apparatus of claim 1, 2 wherein the frame is one of a directional multi-gigabit beacon (DMG) frame or an Announce frame. wherein the frame is one of a directional multi-gigabit (DMG) beacon frame or an Announce frame. 36 The apparatus of claim 31, The apparatus of claim 1, 3 the circuitry to determine the channel allocations for one or more contention based access periods (CBAPs), one or more service periods (SPs), or a combination thereof , wherein each channel allocation enables stations (STAs) to communicate during one of the CBAPs or one of the SPs. the circuitry to determine the channel allocation for a contention based access period (CBAP) or a service period (SP), wherein the channel allocation enables one or more stations (STAs) to communicate during the CBAP or the SP using the channel allocation . 39 The apparatus of claim 31, comprising: The apparatus of claim 1, comprising: 8 a transceiver; and one or more antennas coupled with the transceiver. a transceiver; and one or more antennas coupled with the transceiver. 40 The apparatus of claim 39, The apparatus of claim 8, 9 the circuitry to cause transmission of the frame via the transceiver and the one or more antennas, the frame comprising one of a directional multi-gigabit (DMG) beacon frame or an Announce frame. the circuitry to cause transmission of the frame via the transceiver and the one or more antennas, the frame comprising one of a directional multi-gigabit (DMG) beacon frame or an Announce frame. 41 A non-transitory computer-readable storage medium, comprising a plurality of instructions, that when executed, enable processing circuitry to: A non-transitory computer-readable storage medium, comprising a plurality of instructions, that when executed, enable processing circuitry to: 10 determine more than one channel bandwidth parameter for channel allocations, each channel bandwidth parameter to indicate a frequency range as one or multiple 2.16 Gigahertz (GHz) channels; determine a channel bandwidth parameter for a channel allocation, the channel bandwidth parameter to indicate a frequency range as one or multiple 2.16 Gigahertz (GHz) channels; Claim 13 The non-transitory computer-readable storage medium of claim 10, comprising a plurality of instructions, that when executed, enable processing circuitry to determine a second channel bandwidth parameter for a second channel allocation , 10+13 create a frame comprising more than on bandwidth field, each bandwidth field to indicate a different one of the more than one channel bandwidth parameter; and generate a frame comprising an extended schedule element for the channel allocation, the extended schedule element comprising a channel allocation field comprising a bandwidth field to indicate the channel bandwidth parameter as one or multiple 2.16 GHz channels; and Claim 13 … the extended schedule element (i.e. frame) comprising a second channel allocation field comprising a second bandwidth field indicating the second channel bandwidth parameter, 10+13 cause transmission of the frame. cause transmission of the frame. 42 The non-transitory computer-readable storage medium of claim 41, The non-transitory computer-readable storage medium of claim 10, comprising a plurality of instructions, that when executed, enable processing circuitry to 12 wherein the frame is part of a communication exchange to establish a service period (SP) or a contention based access period (CBAP). determine the channel allocation for a contention based access period (CBAP) or a service period (SP), wherein the channel allocation enables one or more stations (STAs) to communicate during the CBAP or the SP using the channel allocation. 45 The non-transitory computer-readable storage medium of claim 41, The non-transitory computer-readable storage medium of claim 10, 11 wherein the frame is one of a directional multi-gigabit beacon frame or an Announce frame. wherein the frame is one of a directional multi-gigabit (DMG) beacon frame or an Announce frame. 46 The non-transitory computer-readable storage medium of claim 41, The non-transitory computer-readable storage medium of claim 10, 12 the circuitry to determine the channel allocations for one or more contention based access periods (CBAPs), one or more service periods (SPs), or a combination thereof, wherein each channel allocation enables stations (STAs) to communicate during one of the CBAPs or one of the SPs. comprising a plurality of instructions, that when executed, enable processing circuitry to determine the channel allocation for a contention based access period (CBAP) or a service period (SP), wherein the channel allocation enables one or more stations (STAs) to communicate during the CBAP or the SP using the channel allocation. 50 A computer-implemented method, comprising: A computer-implemented method, comprising: 18 determining two or more channel bandwidth parameters for channel allocations, each channel bandwidth parameter to indicate a frequency range as one or multiple 2.16 Gigahertz (GHz) channels; determining a channel bandwidth parameter for a channel allocation, the channel bandwidth parameter to indicate a frequency range as one or multiple 2.16 Gigahertz (GHz) channels; Claim 21 The computer-implemented method of claim 18, comprising determining a second channel bandwidth parameter for a second channel allocation , 18+21 generating a frame comprising two or more bandwidth fields, each bandwidth field to indicate a different one of the two or more channel bandwidth parameters; and generating a frame comprising an extended schedule element for the channel allocation, the extended schedule element comprising a channel allocation field comprising a bandwidth field to indicate the channel bandwidth parameter as one or multiple 2.16 GHz channels; and Claim 21 … the extended schedule element (i.e. frame) comprising a second channel allocation field comprising a second bandwidth field indicating the second channel bandwidth parameter , 18+21 causing transmission of the frame. causing transmission of the frame. 51 The computer-implemented method of claim 50, The computer-implemented method of claim 18, comprising 20 wherein the frame is part of a communication exchange to establish a service period (SP) or a contention based access period (CBAP). determining the channel allocation for a contention based access period (CBAP) or a service period (SP), wherein the channel allocation enables one or more stations (STAs) to communicate during the CBAP or the SP using the channel allocation. 54 The computer-implemented method of claim 50, The computer-implemented method of claim 18, 19 wherein the frame is one of a directional multi-gigabit beacon frame or an Announce frame. wherein the frame is one of a directional multi-gigabit (DMG) beacon frame or an Announce frame. 55 The computer-implemented method of claim 50, The computer-implemented method of claim 18, 20 the circuitry to determine the channel allocations for one or more contention based access periods (CBAPs), one or more service periods (SPs), or a combination thereof, comprising determining the channel allocation for a contention based access period (CBAP) or a service period (SP), wherein each channel allocation enables stations (STAs) to communicate during one of the CBAPs or one of the SPs. wherein the channel allocation enables one or more stations (STAs) to communicate during the CBAP or the SP using the channel allocation. 58 The computer-implemented method of claim 50, The computer-implemented method of claim 18, comprising 25 wherein causing transmission of the frame comprises causing transmission of the frame via a transmitter and one or more antennas, causing transmission of the frame via a transceiver coupled with one or more antennas, the frame comprising one of a directional multi-gigabit (DMG) beacon frame or an Announce frame. the frame comprising one of a directional multi-gigabit (DMG) beacon frame or an Announce frame. As indicated above, the subject matter claimed in the instant application is fully disclosed in the conflicting Patent and is covered by the conflicting Patent. The instant application and the conflicting Patent are claiming common subject matter, and the difference in limitation(s) are merely differences in wording. Therefore, Claims 31-32, 35-36, 39-42, 45-46, 50-51, 54-55 and 58 are rejected on the ground of nonstatutory obviousness type double patenting in light of the conflicting Patent Claims 1-4, 8-13, 18-21 and 25 . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim (s) 33-34, 37-38, 43-44, 47-49, 52-53 and 56-57 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: a thorough and complete search has been conducted and no prior art has been found that solely, or in any reasonable combination, reads on each element of the indicated claim(s) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5. 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, Charles C Jiang can be reached at (571) 270-7191. 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. /SHAWN D MILLER/Primary Examiner, Art Unit 2412 Application/Control Number: 18/778,539 Page 2 Art Unit: 2412 Application/Control Number: 18/778,539 Page 3 Art Unit: 2412 Application/Control Number: 18/778,539 Page 4 Art Unit: 2412 Application/Control Number: 18/778,539 Page 5 Art Unit: 2412 Application/Control Number: 18/778,539 Page 6 Art Unit: 2412 Application/Control Number: 18/778,539 Page 7 Art Unit: 2412 Application/Control Number: 18/778,539 Page 8 Art Unit: 2412 Application/Control Number: 18/778,539 Page 9 Art Unit: 2412 Application/Control Number: 18/778,539 Page 10 Art Unit: 2412 Application/Control Number: 18/778,539 Page 11 Art Unit: 2412 Application/Control Number: 18/778,539 Page 12 Art Unit: 2412 Application/Control Number: 18/778,539 Page 13 Art Unit: 2412 Application/Control Number: 18/778,539 Page 14 Art Unit: 2412 Application/Control Number: 18/778,539 Page 15 Art Unit: 2412 Application/Control Number: 18/778,539 Page 16 Art Unit: 2412 Application/Control Number: 18/778,539 Page 17 Art Unit: 2412 Application/Control Number: 18/778,539 Page 18 Art Unit: 2412 Application/Control Number: 18/778,539 Page 19 Art Unit: 2412
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