CTNF 18/779,126 CTNF 88695 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. 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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-13 of U.S. Patent No. US 12,082,175 (Pat.’175) . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant and claim 1 of Pat.175 recite: a wireless communication device comprising circuitry configured to: set a series of sequence numbers to data to be transmitted to one transmission destination through a plurality of frequency bands; control to transmit the data through the plurality of frequency bands; and control to receive receipt acknowledgment information through a frequency band in which transmission of the data has been completed first among the plurality of frequency bands, the receipt acknowledgment information indicating a receipt acknowledgment regarding the data transmitted through the frequency bands Pat.’175 additionally recites limitations of where the series of sequence numbers are set to data elements of data streams, wherein the data elements of the data streams are assigned different priorities; and performing sequential transmission of the data stream to a transmission destination. It has been held that omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 365 (Bd. App. 1969) (omission of a reference element whose function is not needed would be obvious to one skilled in the art). Claim 16 of the instant and claim 1 and 16 of Pat.’175 collectively recite: A wireless communication device comprising circuitry configured to: control to receive data transmitted to one transmission destination through a plurality of frequency bands; manage a series of sequence numbers that have been set to the data received through the plurality of frequency bands; and control transmission of receipt acknowledgment information through a frequency band in which reception of the data has been completed first, the receipt acknowledgment information indicating a receipt acknowledgment regarding the data received through the frequency bands. Claims 15 and 19 which are method claims to Claims 1 and 16 respectively are of similar scope to these claims and are therefore rejected in the same manner . 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, 14- 16, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nabeya et al (JP 2010135909) . As to claims 1 and 15 Nabeya discloses a wireless communication device and a method (Nabeya Fig.1) comprising circuitry configured to: set a series of sequence numbers to data to be transmitted to one transmission destination through a plurality of frequency bands ( Nabeya ¶0023 - the sequence number adding unit 35 manages a sequence number for each data transmission destination, and adds a sequence number incremented in the order of data generation for each same destination ¶0029 - The flow control unit 34 selects transmission data from the storage buffer… and distributes it to the MAC control unit 33 of each frequency channel according to the respective delivery confirmation status (S104 ) Fig.3- a plurality of transmission data having sequence numbers (SN) 1 to 4, 5 to 8, 9 to 12, and 13 to 15 are allocated to the respective frequency channels ) ; control to transmit the data through the plurality of frequency bands ( Nabeya ¶0029 - The flow control unit 34) ; and control to receive receipt acknowledgment information through a frequency band in which transmission of the data has been completed first among the plurality of frequency bands ( Nabeya ¶0050 - in the case of notification that transmission of all transmission data has been completed (YES in S111), at least that fact and the value of the largest sequence number held (that is, the largest sequence number for which transmission completion has been confirmed) Value) and the value of the smallest sequence number (that is, the value of the smallest sequence number for which transmission completion was confirmed) are notified to the flow control unit 34…, in the case of Ch_1 in FIG. 3 ,), the receipt acknowledgment information indicating a receipt acknowledgment regarding the data transmitted through the plurality of frequency bands ( Nabeya ¶0020- A set of the MAC control unit 33 and the transmission / reception unit 32 corresponds to, for example, a communication process ing unit ¶0036 - after transmitting data on each frequency channel, a delivery confirmation frame for selective retransmission is returned for transmission data transmitted on each frequency channel…., a delivery confirmation frame for selective retransmission is returned in a format called a Block Ack frame shown in FIG. 4.). As to claim 14 Nabeya discloses the wireless communication device according to claim 1, wherein the circuitry is configured to control retransmission of the data that has not arrived, the data being of the data transmitted through in the plurality of frequency bands ( Nabeya ¶0012 - A retransmission control step for managing the delivery status of the allocated transmission frame based on the delivery confirmation frame for each frequency channel, and performing retransmission control of undelivered frames among the allocated transmission frames ;). As to claims 16 and 19 Nabeya discloses A wireless communication device and method comprising: circuitry configured to: control to receive data transmitted to one transmission destination through a plurality of frequency bands( Nabeya ¶0003 - transmission side that receives the retransmission request retransmits data to the reception side . (For example, see Patent Document 1 ) ) Fig.3- a plurality of transmission data having sequence numbers (SN) 1 to 4, 5 to 8, 9 to 12, and 13 to 15 are allocated to the respective frequency channels ) ; manage a series of sequence numbers that have been set to the data received through the plurality of frequency bands( Nabeya ¶0023 - The sequence number adding unit 35 manages a sequence number for each data transmission destination, and adds a sequence number incremented in the order of data generation for each same destination ¶0029 - The flow control unit 34 selects transmission data from the storage buffer… and distributes it to the MAC control unit 33 of each frequency channel according to the respective delivery confirmation status (S104 ) Fig.3- a plurality of transmission data having sequence numbers (SN) 1 to 4, 5 to 8, 9 to 12, and 13 to 15 are allocated to the respective frequency channels ) ; control transmission of receipt acknowledgment information through a frequency band in which reception of the data has been completed first, (Nabeya ¶0050) the receipt acknowledgment information indicating a receipt acknowledgment regarding the data received through the plurality of frequency bands( Nabeya ¶0020- A set of the MAC control unit 33 and the transmission / reception unit 32 corresponds to, for example, a communication process ing unit Nabeya ¶0036 - after transmitting data on each frequency channel, a delivery confirmation frame for selective retransmission is returned for transmission data transmitted on each frequency channel…., a delivery confirmation frame for selective retransmission is returned in a format called a Block Ack frame shown in FIG. 4.) . Claim Rejections - 35 USC § 103 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. 07-20-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 2-4,13, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nabeya in view of Nishibayashi et al (US 20050195858) As to claim 2 Nabeya discloses the wireless communication device according to claim 1, however silent wherein the circuitry is configured to control sequential transmission of the data through a frequency band that has entered an available state among the plurality of frequency bands, after a predetermined transmission standby time has passed. However, in an analogous art Nishibayashi remedies this deficiency: Nishibayashi Fig.24, ¶0114 - in the receiving-side buffer state corresponding to the high-priority MPDU portion, MPDUs "2" and "3" are set in the standby state to wait for MPDU "1"). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify Nabeya teachings with that of Nishibayashi for the purpose of proving sequential control of frames with respect to priority ( Nishibayashi ¶0114- last sentence). As to claim 3 Nabeya discloses the wireless communication device according to claim 1, however silent wherein, in accordance with priority levels of the data, the circuitry is configured to set the series of sequence numbers, starting from the data having the highest priority level. However, in analogous art Nishibayashi remedies this deficiency: ( Nishibayashi ¶0108 - Unique sequence numbers are respectively assigned to the MAC frames for each TID ¶0111- ¶0114 - Retransmission control for each priority…., sequence numbers are independently assigned for the respective TIDs). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify Nabeya teachings with that of Nishibayashi for the purpose of proving sequential control of frames with respect to priority ( Nishibayashi ¶0114- last sentence). As to claim 4 the combined teachings of Nabeya and Nishibayashi discloses the wireless communication device according to claim 3, wherein the circuitry is configured to add information to the data, the information indicating a position of the data in a data group having the same priority level ( Nishibayashi ¶0049- 3 rd sentence - in order to prevent any frames with low priorities from being transmitted before frames with high priorities due to the execution of simple frame aggregation method, frame position s at which frames to be aggregated are stored are sorted according to priority). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teaching of Nabeya and Nishibayashi for the purpose of proving sequential control of frames with respect to priority. As to claim 13 Nabeya disclose the wireless communication device according to claim 1, however silent wherein the circuitry is configured to control transmission of a request for the receipt acknowledgment information. However, in an analogous art Nishibayashi remedies this deficiency: ( Nishibayashi ¶0119 - a Block Ack Request 261 is sent for each priority, and a Block Ack 262 indicating a reception status is received from the receiving terminal). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify Nabeya teachings with that of Nishibayashi for the purpose of transmitting a receipt request for block ack sequences ( Nishibayashi ¶0119). As to claim 17 Nabeya discloses the wireless communication device according to claim 16, however silent wherein the circuitry is configure to determine a priority level of the data , in accordance with information indicating a position of the data in a data group having the same priority level, the information having been added to the data received through the plurality of frequency bands However in an analogous art Nishibayashi remedies this deficiency:( Nishibayashi ¶0108 - Unique sequence numbers are respectively assigned to the MAC frames for each TID ¶0111- ¶0114 - Retransmission control for each priority…., sequence numbers are independently assigned for the respective TIDs; Nishibayashi ¶0049- 3 rd sentence - in order to prevent any frames with low priorities from being transmitted before frames with high priorities due to the execution of simple frame aggregation method, frame position s at which frames to be aggregated are stored are sorted according to priority). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify Nabeya teachings with that of Nishibayashi for the purpose of sorting frame positions with respect to priorities ( Nishibayashi ¶0049- 3 rd sentence). As to claim 18 the combined teachings of Nabeya and Nishibayashi discloses the wireless communication device according to claim 17, wherein the circuitry is configured to output the received data, in accordance with the information indicating the position of the data.( Nishibayashi ¶0116- on the receiving side, ….., the reception statuses of the respective MPDUs in the MAC super frame are bitmapped, and a Partial Ack 190 is returned to the transmitting side. When the Partial Ack 190 is returned to the transmitting terminal 100, the transmitting terminal 100 performs sliding window control on the basis of relative position al information 191 of the priority MPDUs which have been cached at the time of the transmission of the MAC super frame) . 07-21-aia AIA Claim (s) 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Nabeya in view of Nishibayashi and further in view of Son et al (US 20170289844) . As to claim 5 the combined teachings of Nabeya and Nishibayashi disclose the wireless communication device according to claim 4, however silent wherein, when the position of the data is the last position in the data group, the circuitry is configured to add an end flag as the information indicating the position of the data. However, in an analogous art Son remedies this deficiency: ( Son ¶0083 - the transmitting terminal may generate an MPDU subframe 12 in which an MPDU delimiter an a pad are combined before and after the MPDU 10 . In this case, the MPDU delimiter comprises an end-of-frame (EOF) field representing whether the corresponding MPDU subframe). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the combined teachings of Nabeya and Nishibayashi with that of Son for the purpose of providing an end-of-frame (EOF) field (Son¶0083- 2 nd sentence). As to claim 6 the combined teachings of Nabeya and Nishibayashi disclose the wireless communication device according to claim 4, however silent wherein, when the position of the data is the first position in the data group, the circuitry is configured to add a start flag as the information indicating the position of the data. However, in an analogous art Son remedies this deficiency: ( Son ¶0102- 4 th sentence - and the first MPDU of the control MPDU group may indicate the start of the control MPDU group through an MPDU delimiter, and the like. Information indicating the start .) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the combined teachings of Nabeya and Nishibayashi with that of Son for the purpose of the design of different types of MPDU groups (Son ¶0102- 1 st sentence). As to claim 7 the combined teachings of Nabeya and Nishibayashi disclose the wireless communication device according to claim 4, however silent wherein, when the position of the data is an intermediate position in the data group, the circuitry is configured to add an intermediate flag as the information indicating the position of the data. However in an analogous art Son remedies this deficiency: ( Son ¶0091-3 rd sentence- each bit of the block ACK bitmap field represents the success or failure of reception of MPDUs starting from the first MPDU by flag information ; ¶0098- 5 th sentence - if the reception of some intermediate MPDUs in the A-MPDU 14 fails and subsequent MPDUs are successfully received again), . Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the combined teachings of Nabeya and Nishibayashi with that of Son for the purpose of indicating an intermediate MPDU in an A-MPDU. As to claim 8 the combined teachings of Nabeya and Nishibayashi disclose the wireless communication device according to claim 3, however silent wherein the circuitry is configured to construct an A-MPDU frame including the data of a predetermined length. However, in an analogous art Son remedies this deficiency: ( Son ¶0083 - When a plurality of MPDUs 10 are to be aggregated to generate an A-MPDU the transmitting terminal may generate an MPDU subframe 12 in which an MPDU delimiter an a pad are combined before and after the MPDU 10 ). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the combined teachings of Nabeya and Nishibayashi with that of Son for the purpose of generating an A-MPDU (Son¶0081). As to claim 9 the combined teachings of Nabeya, Nishibayashi and Son disclose the wireless communication device according to claim 8, wherein, when the A-MPDU frame is shorter than the predetermined length, the circuitry is configure to construct the A-MPDU frame having a padding added to the end of the A-MPDU ( Son ¶0083 - generate an MPDU subframe 12 in which an MPDU delimiter an a pad are combined before and after the MPDU 10 ). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Nabeya, Nishibayashi and Son for the purpose of generating an A-MPDU frame. As to claim 10 the combined teachings of Nabeya, Nishibayashi and Son disclose the wireless communication device according to claim 8, wherein the circuitry is configured to construct an A-MPDU frame formed with a data group having the same priority level as the data to be transmitted through a frequency band that has entered an available state ( Nishibayashi Fig.24 ¶0114- 2 nd sentence- in the receiving-side buffer state corresponding to the high-priority MPDU portion, MPDUs "2" and "3" are set in the standby state to wait for MPDU "1.). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Nabeya, Nishibayashi and Son for the purpose of generating an A-MPDU frame with similar priority levels. As to claim 11 the combined teachings of Nabeya, Nishibayashi and Son disclose the wireless communication device according to claim 8, wherein the circuitry is configured to construct an A-MPDU frame formed with the data that is high in the priority level and has not been transmitted, as the data to be transmitted through a frequency band that has entered an available state (Nishibayashi Fig.24, Fig.25 ¶0114-¶0116 ). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Nabeya, Nishibayashi and Son for the purpose of generating an A-MPDU frame with similar priority based numbering and flags As to claim 12 the combined teachings of Nabeya, Nishibayashi and Son disclose the wireless communication device according to claim 8, wherein the circuitry is configured to construct an A-MPDU frame for retransmission as the data to be transmitted through a frequency band that has entered an available state ( Nishibayashi ¶0111) . Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Nabeya, Nishibayashi and Son for the purpose of efficient retransmission of frequency bands in an available state. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK V ROSE whose telephone number is (571)270-7460. The examiner can normally be reached 9am- 6pm. 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, YEMANE MESFIN can be reached at 571-272-3927. 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. /DERRICK V ROSE/Primary Examiner, Art Unit 2462 Application/Control Number: 18/779,126 Page 2 Art Unit: 2462 Application/Control Number: 18/779,126 Page 3 Art Unit: 2462 Application/Control Number: 18/779,126 Page 4 Art Unit: 2462 Application/Control Number: 18/779,126 Page 5 Art Unit: 2462 Application/Control Number: 18/779,126 Page 6 Art Unit: 2462 Application/Control Number: 18/779,126 Page 7 Art Unit: 2462 Application/Control Number: 18/779,126 Page 8 Art Unit: 2462 Application/Control Number: 18/779,126 Page 9 Art Unit: 2462 Application/Control Number: 18/779,126 Page 10 Art Unit: 2462 Application/Control Number: 18/779,126 Page 11 Art Unit: 2462 Application/Control Number: 18/779,126 Page 12 Art Unit: 2462 Application/Control Number: 18/779,126 Page 13 Art Unit: 2462 Application/Control Number: 18/779,126 Page 14 Art Unit: 2462 Application/Control Number: 18/779,126 Page 15 Art Unit: 2462
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