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 .
Claim Objections
Claims 1 and 10 are objected to because of the following informalities:
Regarding claim 1, in line 2, replace “a first 802.11 protocol data unit (PDU)” with --a first 802.11 protocol protocol data unit (PDU)--.
Regarding claim 10, in line 2, replace “a first 802.11 protocol data unit (PDU)” with --802.11 protocol protocol data unit (PDU)--.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,081,383 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because independent claims of the present application merely broaden the scope of independent claims of US Patent No. 12,081,383 B2 respectively, by eliminating that the second 802.11 protocol PDU transmits concurrently with the first 802.11 PDU and the PDUs are quasi-orthogonal based on the length of the first CP portion and the length oof the second CP portion.
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same as before. In Re Karlson, 136 USPQ 184 (CCPA). Also, note Ex Parte Rainu, 168 USPQ 375 (Bd.App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Claim Rejections - 35 USC § 102
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 –
(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.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fang et al (US 2018/0184378 A1).
Regarding claims 1 and 10, Fang discloses a station (STA) comprising:
a processor (Fig. 2, processor 210) and a transmitter (Fig. 2, circuitry 204) configured to transmit a first 802.11 protocol data unit (PDU) (Fig. 3A) including a first cyclic prefix (CP) portion (Fig. 3A, guards);
the processor and the transmitter configured to transmit a second 802.11 protocol PDU (Fig. 5), the second 802.11 protocol PDU including a second CP portion (Fig. 5, preamble 506), wherein the transmission of the first 802.11 protocol PDU and the transmission of the second 802.11 protocol PDU are at least quasi-orthogonal (15th paragraph, LP-WU packet and OFDMA signals are orthogonally transmitted. Fig. 3B illustrated an OFDMA packet 300 with an overload signal or a LP-WUR signal. Herein, the signals are orthogonal which encompass the at least quasi-orthogonal, as claimed).
Regarding claims 2 and 11, Fang discloses that wherein the transmission of the second 802.11 protocol PDU at least partially overlaps in time with the transmission of the first 802.11 protocol PDU (Fig. 3B).
Regarding claims 3 and 12, Fang discloses that wherein the second 802.11 protocol PDU is transmitted by the STA at least partially overlaps with one or more resource units (RUs) of the first 802.11 protocol PDU (Fig. 3B, LP-WU is arranged within RU 5).
Regarding claims 4 and 13, Fang discloses that wherein the first 802.11 protocol PDU is an 802.1lax physical layer convergence procedure (PLCP) PDU (PPDU) (Fig. 3A).
Regarding claims 5 and 14, Fang discloses that wherein the second 802.11 protocol PDU is an 802.11ba physical layer convergence procedure (PLCP) PDU (PPDU) (Fig. 5. Herein, LP-WUR is 802.11ba standard).
Regarding claims 6 and 15, Fang discloses that wherein the processor is further configured to determine shaping sequences such that a time domain response of OOK symbols of the second 802.11 protocol PDU includes a plurality of on-off keying (OOK) symbols subsequent to the second CP portion (16th paragraph, OOK modulated WU signal including LP-WU symbols).
Regarding claims 7 and 16, Fang discloses that wherein the processor is further configured to blank OOK symbol included in the second 802.11 protocol PDU (Fig. 7, block 702, OFDMA signal includes OFDMA symbols interspersed with nulls to define OOK modulated signal).
Regarding claims 8 and 17, Fang discloses that wherein the STA is an access point (AP)-STA (Fig. 2).
Regarding claims 9 and 18, Fang discloses that wherein the first 802.11 protocol PDU and the second 802.11 protocol PDU are transmitted in a same 20 MHz channel (Fig. 3A and 25th paragraph).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH VU H LY whose telephone number is (571)272-3175. The examiner can normally be reached M-F 8am-5pm.
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ANH VU H. LY
Primary Examiner
Art Unit 2472
/ANH VU H LY/Primary Examiner, Art Unit 2472
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