DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 8/30/2024 has been entered and considered by the examiner.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent 11871261 in view of U.S. Patent Application 18/646558. Please see the direct claim comparison below.
Instant Application Claims 1 and 2
18/646558 Claim 1
A communications device comprising:
A wireless device comprising:
a controller configured to perform periodic or aperiodic in-device interference mitigation; and Claim 2: wherein the controller is further configured to generate a frame that comprises in-device interference information,
a controller configured to generate a frame that comprises interference information indicating an existence or an occurrence of a wireless communications interference; and
a wireless transceiver configured to conduct wireless communications in response to the periodic or aperiodic in-device interference mitigation. Claim 2: and wherein the wireless transceiver is further configured to wirelessly transmit the frame to a second communications device.
a wireless transceiver configured to transmit the frame through an antenna.
However, instant application does not specifically disclose wherein the interference information indicates that the wireless communications interference is generated by an interference source is located within the wireless device..
Kim teaches a traffic transmission method performed by a first multi-link device (MLD) comprising a plurality of stations respectively operating on a plurality of links in a wireless communication system (Abstract). He further teaches wherein the interference information indicates that the wireless communications interference is generated by an interference source is located within the wireless device. (Para. 0178; This is because reception or transmission performed in one link may influence reception or transmission performed in another link. Specifically, transmission in one link may act as interference to another link. Interference applied from one link to another link by one multi-link device may be referred to as internal leakage.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to utilize the teachings as in Kim with the teachings as in Pat. No. 18/646558. The motivation for doing so would have been to support simultaneous transmission and reception (STR) based on conditions being met (Kim in Para. 0178).
Therefore, this is clearly an provisional obvious type non-statutory double patenting issue because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
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 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.
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 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al (US2024/0422613 A1).
Regarding claims 1 and 19, Kim teaches a communications device/method for wireless communications (Abstract), comprising:
a controller configured to perform periodic or aperiodic in-device interference mitigation (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; the time point at which the second station expects reception of the frame periodically transmitted from the AP may be before the time point at which the TXOP indicated by the PPDU received by the first station ends. At this time, the second station may wake up from the doze state before the time point at which the TXOP indicated by the PPDU received by the first station ends); and
a wireless transceiver configured to conduct wireless communications in response to the periodic or aperiodic in-device interference mitigation (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; According to a degree of interference between links used by the multi-link device, the multi-link device may determine whether the station operating in each link may independently operate. At this time, the degree of interference between links may be the size of interference detected by, when one station performs transmission in one link, another station of the multi-link device. When transmission by the first station of the multi-link device in the first link gives interference having a predetermined size or larger to the second station of the multi-link device operating in the second link, the operation of the second station may be restricted).
Regarding claim 2, Kim teaches the limitations of the previous claims. Kim further teaches wherein the controller is further configured to generate a frame that comprises in-device interference information, and wherein the wireless transceiver is further configured to wirelessly transmit the frame to a second communications device (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; TXOP may be changed to a period indicated through a length field of the signaling field of the PPDU or a duration field of the MAC frame).
Regarding claim 3, Kim teaches the limitations of the previous claims. Kim further teaches further wherein the frame comprises a management frame or a control frame (Figs. 5 and 10; Paras. 0123, 0174, 0184-0187, 0201, 0300-0301, and 0313; in the case that an additional configuration does not exist for a multi-link configuration, a multi-link device may exchange a frame corresponding to a TID in each link according to the default configuration. In this instance, the default configuration may be exchanging all TIDs in any one link. Any TID or AC at any point in time may be always mapped to at least any one link. A management frame and a control frame may be transmitted in all links).
Regarding claim 4, Kim teaches the limitations of the previous claims. Kim further teaches wherein the in-device interference information is contained in a header of the frame or a frame body of the frame (Figs. 5 and 10; Paras. 0123, 0142, 0184-0187, 0201, 0300-0301, and 0313; TXOP indicates transmit opportunity duration transmitted in a MAC header, wherein, by adding the TXOP to a PHY header, the PPDU may infer a length of the TXOP included therein without having to decode an MPDU, and the TXOP has a value of 7 bits or more).
Regarding claim 5, Kim teaches the limitations of the previous claims. Kim further teaches wherein the in-device interference information comprises a communications parameter restriction as a result of an existence or an occurrence of a wireless communications interference within the communications device, and wherein the frame comprises a management frame (Figs. 5 and 10; Paras. 0123, 0180-0187, 0201, 0300-0301, and 0313; the station may exchange information on whether a capability of simultaneously performing transmission in a plurality of links or simultaneously performing reception in a plurality of links by the station is restricted with another station. Specifically, the information on whether the capability of performing transmission or reception in a plurality of links is restricted may indicate whether simultaneous transmission, simultaneous reception, or simultaneous transmission and reception can be performed in a plurality of links. The information on whether the capability of performing transmission or reception in a plurality of links is restricted may be information indicated for each step).
Regarding claim 6, Kim teaches the limitations of the previous claims. Kim further teaches wherein the communications parameter restriction comprises a reception parameter restriction of the communications device (Figs. 5 and 10; Paras. 0123, 0180-0187, 0201, 0300-0301, and 0313; the station may exchange information on whether a capability of simultaneously performing transmission in a plurality of links or simultaneously performing reception in a plurality of links by the station is restricted with another station. Specifically, the information on whether the capability of performing transmission or reception in a plurality of links is restricted may indicate whether simultaneous transmission, simultaneous reception, or simultaneous transmission and reception can be performed in a plurality of links. The information on whether the capability of performing transmission or reception in a plurality of links is restricted may be information indicated for each step).
Regarding claim 7, Kim teaches the limitations of the previous claims. Kim further teaches wherein the reception parameter restriction comprises a bandwidth (BW) restriction, a Modulation Coding Scheme (MCS) restriction, a reception power restriction, a number of spatial streams (Nss) restriction, or one or more interfered 20 Megahertz (MHz) channels that are covered by the communications device's operating channel or a Basic Service Set (BSS) operating channel (Figs. 5 and 10; Paras. 0123, 0148, 0184-0187, 0201, 0300-0301, and 0313; The signaled discontinuous channel type is limited, and indicates discontinuous channel information and BW of the SU PPDU in combination with a value of the BW field. For example, the SU PPDU is a PPDU transmitted only to a single terminal, so that the STA may recognize a bandwidth allocated to itself via the BW field included in the PPDU, and the SU PPDU may recognize a punctured resource in the allocated bandwidth via the puncturing mode field of the EHT-SIG field or the U-SIG field included in the PPDU).
Regarding claim 8, Kim teaches the limitations of the previous claims. Kim further teaches wherein the communications parameter restriction comprises a transmission parameter restriction for transmission to the communications device (Figs. 5 and 10; Paras. 0123, 0180-0187, 0201, 0300-0301, and 0313; the station may exchange information on whether a capability of simultaneously performing transmission in a plurality of links or simultaneously performing reception in a plurality of links by the station is restricted with another station. Specifically, the information on whether the capability of performing transmission or reception in a plurality of links is restricted may indicate whether simultaneous transmission, simultaneous reception, or simultaneous transmission and reception can be performed in a plurality of links. The information on whether the capability of performing transmission or reception in a plurality of links is restricted may be information indicated for each step).
Regarding claim 9, Kim teaches the limitations of the previous claims. Kim further teaches wherein the transmission parameter restriction comprises a bandwidth (BW) restriction, a Modulation Coding Scheme (MCS) restriction, a transmission power restriction, a number of spatial streams (Nss) restriction, or one or more interfered 20 Megahertz (MHz) channels that are covered by an operating channel of the communications device or a Basic Service Set (BSS) operating channel (Figs. 5 and 10; Paras. 0123, 0148, 0184-0187, 0201, 0300-0301, and 0313; The signaled discontinuous channel type is limited, and indicates discontinuous channel information and BW of the SU PPDU in combination with a value of the BW field. For example, the SU PPDU is a PPDU transmitted only to a single terminal, so that the STA may recognize a bandwidth allocated to itself via the BW field included in the PPDU, and the SU PPDU may recognize a punctured resource in the allocated bandwidth via the puncturing mode field of the EHT-SIG field or the U-SIG field included in the PPDU).
Regarding claim 10, Kim teaches the limitations of the previous claims. Kim further teaches wherein the in-device interference information comprises non-wireless activity service period (SP) information and optional transmission/reception parameter restriction within the non-wireless activity SP as a result of an existence or an occurrence of a wireless communications interference within the communications device (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; the time point at which the second station expects reception of the frame periodically transmitted from the AP may be before the time point at which the TXOP indicated by the PPDU received by the first station ends. At this time, the second station may wake up from the doze state before the time point at which the TXOP indicated by the PPDU received by the first station ends).
Regarding claim 11, Kim teaches the limitations of the previous claims. Kim further teaches wherein the in-device interference information comprises an availability or unavailability time announcement as a result of an existence or an occurrence of a wireless communications interference within the communications device, and wherein an availability announcement is contained in a header of the frame and an unavailability time announcement is contained in a frame body of the frame (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; the time point at which the second station expects reception of the frame periodically transmitted from the AP may be before the time point at which the TXOP indicated by the PPDU received by the first station ends. At this time, the second station may wake up from the doze state before the time point at which the TXOP indicated by the PPDU received by the first station ends).
Regarding claim 12, Kim teaches the limitations of the previous claims. Kim further teaches wherein the frame is a control frame and a transmit opportunity (TXOP) subfield in a Universal Signal Field (U-SIG) field of a trigger based (TB) Physical Layer Protocol Data Unit (PPDU) carrying the frame is set per Short Interframe Space (SIFS) and the responding PPDU transmission time less than a duration of a soliciting initial control frame (ICF) frame (Figs. 5, 7, and 10; Paras. 0123, 0141-0158, 0184-0187, 0200-0201, 0300-0301, 0313, 0324, and 0356; TXOP may be changed to a period indicated through a length field of the signaling field of the PPDU or a duration field of the MAC frame; a universal SIG (U-SIG) field continues to exist in an EHT PPDU and a WLAN PPDU of a subsequent generation; At this time, the predetermined time may be one of a PCF interframe space (PIFS), a short interframe space (SIFS), and an arbitration interframe space (AIFS); PPDU format is a classifier that classifies EHT single user (SU), EHT multiple user (MU), EHT trigger-based (TB), EHT extended range (ER) PPDU, etc.; the specific time interval may correspond to an interval from a time point at which the multi-link device receives an initial control frame for initiating frame exchange in one link to an end time point of the corresponding frame exchange).
Regarding claim 13, Kim teaches the limitations of the previous claims. Kim further teaches wherein the communications device comprises a mobile wireless access point (AP) or a wireless non-AP station (STA) (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; the time point at which the second station expects reception of the frame periodically transmitted from the AP may be before the time point at which the TXOP indicated by the PPDU received by the first station ends. At this time, the second station may wake up from the doze state before the time point at which the TXOP indicated by the PPDU received by the first station ends).
Regarding claims 14 and 20, Kim teaches the limitations of the previous claims. Kim further teaches wherein the communications device comprises a wireless device that is compatible with an Institute of Electrical and Electronics Engineers (IEEE) 802.11 protocol (Figs. 5 and 10; Paras. 0108, 0123, 0184-0187, 0201, 0300-0301, and 0313; station (STA) is a predetermined device including medium access control (MAC) following a regulation of an IEEE 802.11 standard and a physical layer interface for a wireless medium, and includes both a non-access point (non-AP) station and an access point (AP) in a broad sense.).
Regarding claim 15, Kim teaches the limitations of the previous claims. Kim further teaches wherein the communications device comprises a wireless multi-link device (MLD), and wherein the wireless transceiver is further configured to transmit a frame to a second wireless MLD through a wireless link between the wireless MLD and the second wireless MLD in response to the periodic or aperiodic in-device interference mitigation (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; FIG. 10 illustrates that the size of generated interference varies depending on the interval between frequency bands of the links and the characteristic of the multi-link device. In the embodiment of FIG. 10 , a first multi-link device (MLD #1) includes a first station (STA1-1) operating in a first link (link1) and a second station (STA1-2) operating in a second link (link2). A second multi-link device (MLD #2) includes a first station (STA2-1) operating in a first link (link1) and a second station (STA2-2) operating in a second link (link2)).
Regarding claim 16, Kim teaches a communications device (Abstract), comprising:
a controller configured to generate a frame that comprises in-device interference information contained in a header of the frame or a frame body of the frame, wherein the frame comprises a management frame or a control frame (Figs. 5 and 10; Paras. 0123, 0142, 0174, 0184-0187, 0201, 0300-0301, and 0313; the time point at which the second station expects reception of the frame periodically transmitted from the AP may be before the time point at which the TXOP indicated by the PPDU received by the first station ends. At this time, the second station may wake up from the doze state before the time point at which the TXOP indicated by the PPDU received by the first station ends; in the case that an additional configuration does not exist for a multi-link configuration, a multi-link device may exchange a frame corresponding to a TID in each link according to the default configuration. In this instance, the default configuration may be exchanging all TIDs in any one link. Any TID or AC at any point in time may be always mapped to at least any one link. A management frame and a control frame may be transmitted in all links; TXOP indicates transmit opportunity duration transmitted in a MAC header, wherein, by adding the TXOP to a PHY header, the PPDU may infer a length of the TXOP included therein without having to decode an MPDU, and the TXOP has a value of 7 bits or more); and
a wireless transceiver configured to wirelessly transmit the frame to a second communications device (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; According to a degree of interference between links used by the multi-link device, the multi-link device may determine whether the station operating in each link may independently operate. At this time, the degree of interference between links may be the size of interference detected by, when one station performs transmission in one link, another station of the multi-link device. When transmission by the first station of the multi-link device in the first link gives interference having a predetermined size or larger to the second station of the multi-link device operating in the second link, the operation of the second station may be restricted).
Regarding claim 17, Kim teaches the limitations of the previous claims. Kim further teaches wherein the in-device interference information comprises a communications parameter restriction, wireless local area network (WLAN) activity service period (SP) information, or an availability or unavailability time announcement as a result of an existence or an occurrence of a wireless communications interference within the communications device (Figs. 5 and 10; Paras. 0123, 0184-0187, 0201, 0300-0301, and 0313; the time point at which the second station expects reception of the frame periodically transmitted from the AP may be before the time point at which the TXOP indicated by the PPDU received by the first station ends. At this time, the second station may wake up from the doze state before the time point at which the TXOP indicated by the PPDU received by the first station ends; the multi-link device may detect any type of signal as well as a WLAN signal).
Regarding claim 18, Kim teaches the limitations of the previous claims. Kim further teaches wherein the communications device comprises a wireless access point (AP) that is compatible with an Institute of Electrical and Electronics Engineers (IEEE) 802.11 protocol (Figs. 5 and 10; Paras. 0108, 0123, 0184-0187, 0201, 0300-0301, and 0313; station (STA) is a predetermined device including medium access control (MAC) following a regulation of an IEEE 802.11 standard and a physical layer interface for a wireless medium, and includes both a non-access point (non-AP) station and an access point (AP) in a broad sense.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT KRUEGER whose telephone number is (303)297-4238. The examiner can normally be reached on M-F 8:00-5:00 MT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached on (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENT KRUEGER/Primary Examiner, Art Unit 2474
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