Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 15 is objected to because of the following informalities:
Line 8: “perfor” should be changed to -- perform --.
Appropriate correction is required.
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 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.
Claims 1-5 and 7-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6-20 of U.S. Patent No. 12,089,155. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the pending application 18/810,083 are similar to the claims of U.S. Patent No. 12,089,155.
Claims 1 and 20 of the pending application are similar to claims 1 and 20 of U.S. Patent No. 12,089,155. The “management frame” of the pending application is similar to the claimed “beacon frame” of U.S. Patent No. 12,089,155 since a beacon frame is a type of management frame in IEEE 802.11. The “synchronization field comprising a code having a plurality of bits” of the pending application is similar to the claimed “Barker code” of U.S. Patent No. 12,089,155 since a Barker code is a synchronization code comprised of bits . The “beginning portion” of the pending application is similar to the claimed “preamble” of U.S. Patent No. 12,089,155 since a preamble is the beginning portion of a frame.
Claim 2 of the pending application is similar to claim 2 of U.S. Patent No. 12,089,155.
Claim 3 of the pending application is similar to claim 3 of U.S. Patent No. 12,089,155.
Claim 4 of the pending application is similar to claim 4 of U.S. Patent No. 12,089,155.
Claim 5 of the pending application is similar to claim 6 of U.S. Patent No. 12,089,155.
Claim 7 of the pending application is similar to claim 7 of U.S. Patent No. 12,089,155.
Claim 8 of the pending application is similar to claim 8 of U.S. Patent No. 12,089,155.
Claim 9 of the pending application is similar to claim 9 of U.S. Patent No. 12,089,155.
Claim 10 of the pending application is similar to claim 10 of U.S. Patent No. 12,089,155.
Claim 11 of the pending application is similar to claim 11 of U.S. Patent No. 12,089,155.
Claim 12 of the pending application is similar to claim 12 of U.S. Patent No. 12,089,155.
Claim 13 of the pending application is similar to claim 13 of U.S. Patent No. 12,089,155.
Claim 14 of the pending application is similar to claim 14 of U.S. Patent No. 12,089,155.
Claim 15 of the pending application is similar to claim 15 of U.S. Patent No. 12,089,155.
Claim 16 of the pending application is similar to claim 16 of U.S. Patent No. 12,089,155.
Claim 17 of the pending application is similar to claim 17 of U.S. Patent No. 12,089,155.
Claim 18 of the pending application is similar to claim 18 of U.S. Patent No. 12,089,155.
Claim 19 of the pending application is similar to claim 19 of U.S. Patent No. 12,089,155.
Claim 20 of the pending application is similar to claim 1 and claim 20 of U.S. Patent No. 12,089,155.
Allowable Subject Matter
Claims 1-20 are allowed (pending claim objection and double patenting rejections).
The following is an examiner’s statement of reasons for allowance (pending claim objection and double patenting rejections):
Independent claim 1:
U.S. Publication No. 20170164307 to Zuniga et al disclose in Figures 1-4 a device (UE) comprising:
A transceiver (receiver 116 and transmitter 117).
A processor (processor 115) configured to:
Receive a synchronization field (Sections 0020-0021 and 0025-0028) beacon frames are used to perform synchronization) of a first management frame (first beacon frame) ... UE receives a first beacon frame comprising a synchronization field to perform synchronization. A beacon frame reads on the claimed “management frame” since a beacon frame is a management frame in IEEE 802.11.
Determine a start time … of a second management frame (second beacon frame) based on the first management frame. Then UE receives a second beacon frame. The second beacon period start time is determined, based on the received first beacon frame. Refer to Sections Abstract, 0009 and 0015-0031.
…
…
Zuniga et al do not disclose … receive a synchronization field of a first management frame, the synchronization field comprising a code having a plurality of bits …
U.S. Publication No. 20120155349 to Bajic et al disclose in Figures 1-16 and Sections 0089, 0090, 0138, 0144, 0156, and 0164 wherein a beacon frame includes a synchronization field to perform synchronization, wherein the synchronization field comprising a code having a plurality of bits. Refer to Sections 0034-0342.
Zuniga et al and Bajic et al do not disclose … after receiving the synchronization field of the first management frame, cause the device to go into a low power mode at a first time; and wake up the device at a wakeup time to receive … the second management frame …
U.S. Publication No. 20060146769 to Patel et al disclose in Figures 1-3 wherein a UE goes into low power mode, and then UE wakes up from low power mode at a target beacon transmission time to receive the beacon.
However, none of the prior art disclose the limitations “… determine a start time of the code of a second management frame based on the first management frame; after receiving the synchronization field of the first management frame, cause the device to go into a low power mode at a first time; and wake up the wireless device at a wakeup time to receive the code of the second management frame, wherein the wakeup time occurs before the start time of the code of the second management frame and after an expected time for reception of a beginning portion of the second management frame.”, and can be logically combined with Zuniga et al, Bajic et al, and Patel et al.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 20050128988 to Simpson et al disclose in Figures 1-8 and Sections 0032-0075 wherein a UE wakes up from low power mode to receive a beacon.
U.S. Publication No. 20050174966 to Lansford et al disclose in Sections 0014, 0050, and 0051 wherein a beacon comprises a Barker code.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE Y NG whose telephone number is (571)272-3124. The examiner can normally be reached M-F 12pm-9pm.
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, Ricky Ngo can be reached on 5712723139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE Y NG whose telephone number is (571)272-3124. The examiner can normally be reached M-F 12pm-9pm.
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, Ricky Ngo can be reached on 5712723139. 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.
/Christine Ng/
Examiner, AU 2464
June 24, 2026
Prosecution Insights