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 .
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).
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Claim(s) 19-24 of the current application 18/818565 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-6 of U.S. Patent No. 12,543,178 B2 in view of Adachi et al. (US 2017/0188390 A1).
Regarding claim 19, U.S. Patent No. 12,543,178 B2 discloses A wireless communication terminal associated with a base wireless communication terminal, the wireless communication terminal comprising (claim 1: A wireless communication terminal associated with a base wireless communication terminal, the wireless communication terminal comprising:):
a transceiver (claim 1: a transceiver); and
a processor (claim 1: a processor),
wherein the processor is configured to: receive a Physical layer Protocol Data Unit (PPDU) from the base wireless communication terminal using the transceiver, when a trigger frame is obtained from the PPDU, update an Intra-BSS Network Allocation Vector (NAV) based on the trigger frame without considering whether the trigger frame triggers the transmission of the wireless communication terminal, (claim 1: wherein the processor is configured to: receive a Physical layer Protocol Data Unit (PPDU) from the base wireless communication terminal using the transceiver, when a trigger frame is obtained from the PPDU, update an Intra-BSS Network Allocation Vector (NAV) based on the trigger frame without considering whether the trigger frame triggers the transmission of the wireless communication terminal),
wherein the trigger frame triggers transmission of at least one wireless communication terminal, a receiver address of the trigger frame is an address of the wireless communication terminal, the trigger frame indicates that channel sensing is required before transmitting a trigger-based PPDU based on the trigger frame, and a channel for transmitting the trigger-based PPDU is sensed to be busy by the channel sensing (claim 1: wherein the trigger frame triggers transmission of at least one wireless communication terminal, a receiver address of the trigger frame is an medium access control (MAC) address of the wireless communication terminal, the trigger frame indicates that channel sensing is required before transmitting a trigger-based PPDU based on the trigger frame, and a channel for transmitting the trigger-based PPDU is sensed to be busy by the channel sensing),
wherein the Intra-BSS NAV is a NAV updated by an Intra-BSS frame (claim 1: wherein the Intra-BSS NAV is a NAV updated by an Intra-BSS frame).
U.S. Patent No. 12,543,178 B2 does not disclose, but Adachi discloses wherein the trigger frame includes a User Info field which indicates Association ID of the wireless communication terminal (Fig. 6, [0081], [0090]: trigger frame includes a Per User Info field including information unique to the STA that transmits a frame using UL-OFDMA. Thus, the number of the Per User Info fields is equal to or larger than the number of STAs to be triggered by the AP with the trigger frame. The Per User Info field includes, for example, the fields of an AID (Association ID), RU allocation information, and a STA PHY parameter. [0259]: When receiving a trigger frame, the STAs only extract the AID of the own device from the Per User Info field).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the trigger frame, as taught by U.S. Patent No. 12,543,178 B2, to include a per user info fields comprising including fields of an AID, RU allocation information, and a STA PHY parameter, as taught by Adachi.
Doing so allows the receiver of the trigger frame to determine whether the per user info field includes an AID that matches the AID of the receiver and respond to the trigger frame if it does (Adachi: [0159]-[0160], Fig. 20, [0259]).
Regarding claim 20, U.S. Patent No. 12,543,178 B2 in view of Adachi discloses all limitations of claim 19 as outlined above.
U.S. Patent No. 12,543,178 B2 further discloses wherein the processor is configured to update the Intra-BSS NAV based on the trigger frame without considering whether the trigger frame triggers the transmission of the wireless communication terminal when the trigger frame is obtained from the PPDU (claim 2: wherein the processor is configured to update the Intra-BSS NAV based on the trigger frame without considering whether the trigger frame triggers the transmission of the wireless communication terminal when the trigger frame is obtained from the PPDU.).
Regarding claim 21, U.S. Patent No. 12,543,178 B2 in view of Adachi discloses all limitations of claim 20 as outlined above.
U.S. Patent No. 12,543,178 B2 further discloses wherein the processor is configured to update the Intra-BSS NAV based on a time required for the channel sensing and the trigger frame (claim 3: wherein the processor is configured to update the Intra-BSS NAV based on a time required for the channel sensing and the trigger frame).
Regarding claim 22, U.S. Patent No. 12,543,178 B2 discloses An operation method of a wireless communication terminal associated with a base wireless communication terminal, the method comprising (claim 4: An operation method of a wireless communication terminal associated with a base wireless communication terminal, the method comprising):
receiving a Physical layer Protocol Data Unit (PPDU) from the base wireless communication terminal (claim 4: receiving a Physical layer Protocol Data Unit (PPDU) from the base wireless communication terminal);
obtaining a frame from the PPDU (claim 4: obtaining a frame from the PPDU);
determine whether the obtained frame is a trigger frame or not (claim 4: determine whether the obtained frame is a trigger frame or not), and
updating an Intra-BSS Network Allocation Vector (NAV) based on whether the obtained frame is a trigger frame or not (claim 4: updating an Intra-BSS Network Allocation Vector (NAV) based on whether the obtained frame is a trigger frame or not),
wherein the updating the Intra-BSS NAV comprises (claim 4: wherein the updating the Intra-BSS NAV comprises)
upon the obtained frame being the trigger frame, updating, based on the obtained frame, the Intra-BSS NAV without considering whether the trigger frame triggers the transmission of the wireless communication terminal, (claim 4: upon the obtained frame being the trigger frame, updating, based on the obtained frame, the Intra-BSS NAV without considering whether the trigger frame triggers the transmission of the wireless communication terminal),
wherein the trigger frame triggers transmission of at least one wireless communication terminal, a receiver address of the trigger frame is an address of the wireless communication terminal, the trigger frame indicates that channel sensing is required before transmitting a trigger-based PPDU based on the trigger frame and a channel for transmitting the trigger-based PPDU is sensed to be busy by the channel sensing (claim 4: wherein the trigger frame triggers transmission of at least one wireless communication terminal, a receiver address of the trigger frame is an address of the wireless communication terminal, the trigger frame indicates that channel sensing is required before transmitting a trigger-based PPDU based on the trigger frame and a channel for transmitting the trigger-based PPDU is sensed to be busy by the channel sensing),
wherein the Intra-BSS NAV is a NAV updated by an Intra-BSS frame (claim 4: wherein the Intra-BSS NAV is a NAV updated by an Intra-BSS frame).
U.S. Patent No. 12,543,178 B2 does not disclose, but Adachi discloses wherein the trigger frame includes a User Info field which indicates Association ID of the wireless communication terminal (Fig. 6, [0081], [0090]: trigger frame includes a Per User Info field including information unique to the STA that transmits a frame using UL-OFDMA. Thus, the number of the Per User Info fields is equal to or larger than the number of STAs to be triggered by the AP with the trigger frame. The Per User Info field includes, for example, the fields of an AID (Association ID), RU allocation information, and a STA PHY parameter. [0259]: When receiving a trigger frame, the STAs only extract the AID of the own device from the Per User Info field).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the trigger frame, as taught by U.S. Patent No. 12,543,178 B2, to include a per user info fields comprising including fields of an AID, RU allocation information, and a STA PHY parameter, as taught by Adachi.
Doing so allows the receiver of the trigger frame to determine whether the per user info field includes an AID that matches the AID of the receiver and respond to the trigger frame if it does (Adachi: [0159]-[0160], Fig. 20, [0259]).
Regarding claim 23, U.S. Patent No. 12,543,178 B2 in view of Adachi discloses all limitations of claim 22 as outlined above.
U.S. Patent No. 12,543,178 B2 further discloses wherein the updating of the Intra-BSS NAV comprises when the obtained frame is the trigger frame, updating the Intra-BSS NAV based on the trigger frame regardless of whether the trigger frame triggers the transmission of the wireless communication terminal (claim 5: wherein the updating of the Intra-BSS NAV comprises when the obtained frame is the trigger frame, updating the Intra-BSS NAV based on the trigger frame regardless of whether the trigger frame triggers the transmission of the wireless communication terminal).
Regarding claim 24, U.S. Patent No. 12,543,178 B2 in view of Adachi discloses all limitations of claim 23 as outlined above.
U.S. Patent No. 12,543,178 B2 further discloses wherein the updating of the Intra-BSS NAV comprises updating the NAV based on a time required for the channel sensing and the trigger frame (claim 6: wherein the updating of the Intra-BSS NAV comprises updating the NAV based on a time required for the channel sensing and the trigger frame).
Conclusion
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov
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