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 .
This application has been examined.
Claims 1-13 are pending.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because figures 5-7, for example, are not legible. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the multiple “unit configured to” in claims 1, 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (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.
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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung et al. (US Patent Application Publication 2022/0103332; hereinafter Jung).
Regarding claim 1 Jung discloses a communication apparatus compliant with Wi-Fi Aware (figure 3, paragraph 0072), the communication apparatus comprising:
a communication unit configured to communicate a frame compliant with Wi-Fi Aware (paragraphs 0077, 0079, 0084; the NAN device may perform communication of frames including NAN availability attributes for supporting a NAN data path, ranging, and/or a non-NAN operation between discovery windows. The NAN availability attributes may be included in management frames such as a beacon frame, a service discovery frame, or a NAN action frame transmitted in a discovery window); and
a notification unit configured to provide a notification of information on, of channels for communication with a frequency bandwidth exceeding 160 MHz, Primary Channel compliant with Wi-Fi Aware by transmitting the frame with the communication unit (paragraphs 0088-0092; band/channel entry list, at least, is used to provide information on channels for communication with frequency exceeding 160 MHz).
Regarding claim 2 Jung discloses the communication apparatus according to Claim 1, wherein, in a case where the communication apparatus is capable of communication in a 6 GHz frequency band, the notification unit provides a notification of the information on Primary Channel (paragraph 0092; if the 6 GHz frequency band is used, one of 6 to 255, which are reserved areas, may be used).
Regarding claim 3 Jung discloses the communication apparatus according to Claim 1, wherein the notification unit provides a notification of a channel for use in quickly discovering a device defined at intervals of 80 MHz as the information on Primary Channel (paragraphs 0128, 0130; at least one of 20 MHz, 40 MHz, 80 MHz, or 160 MHz may be used as a channel bandwidth).
Regarding claim 4 Jung discloses the communication apparatus according to Claim 1, wherein the information on Primary Channel is included in Schedule Attribute of the frame (paragraphs 0088, 0105-0112; Operation and Unaligned Scheduled Attribute).
Regarding claim 5 Jung discloses the communication apparatus according to Claim 1, wherein the information on Primary Channel is included in NAN Availability Attribute of the frame (paragraphs 0084-0087; NAN availability attributes may be used for indicating further available windows).
Regarding claim 6 Jung discloses the communication apparatus according to Claim 1, wherein the information on Primary Channel is included in NAN Information Elements of the frame (paragraphs 0080, 0084; elements/fields in the frames).
Regarding claim 7 Jung discloses the communication apparatus according to Claim 1, wherein the information on Primary Channel is information on a channel for communicating a management frame compliant with IEEE802.11 standard series (paragraphs 0045, 0130).
Regarding claim 8 Jung discloses the communication apparatus according to Claim 1, wherein the frame is NAN Action Frame compliant with Wi-Fi Aware (paragraphs 0079, 0084, 0105; NAN action frame).
Regarding claim 9 Jung discloses the communication apparatus according to Claim 1, wherein the frame is Service Discovery Frame (SDF) frame compliant with Wi-Fi Aware (paragraph 0077; service discovery frame (SDF)).
Regarding claim 10 Jung discloses the communication apparatus according to Claim 1, wherein the frame is NAN Synchronization Beacon compliant with Wi-Fi Aware (paragraphs 0077, 0079; NAN synchronization beacon).
Regarding claim 11 Jung discloses the communication apparatus according to Claim 1, wherein the frame is NAN Discovery Beacon compliant with Wi-Fi Aware (paragraphs 0077, 0079; discovery beacon frame).
Regarding claim 12 Jung discloses a method of communication of a communication apparatus compliant with Wi-Fi Aware, the method comprising:
communicating a frame compliant with Wi-Fi Aware (paragraphs 0077, 0079, 0084; the NAN device may perform communication of frames including NAN availability attributes for supporting a NAN data path, ranging, and/or a non-NAN operation between discovery windows. The NAN availability attributes may be included in management frames such as a beacon frame, a service discovery frame, or a NAN action frame transmitted in a discovery window); and
providing a notification of information on, of channels for communication with a frequency bandwidth exceeding 160 MHz, Primary Channel compliant with Wi-Fi Aware by transmitting the frame in the communicating (paragraphs 0088-0092; band/channel entry list, at least, is used to provide information on channels for communication with frequency exceeding 160 MHz).
Regarding claim 13 Jung discloses a non-transitory storage medium storing a program for causing a computer to function as the individual units of the communication apparatus according to claim 1 (paragraph 0257; embodiments as set forth herein may be implemented as software (e.g., the program) including one or more instructions that are stored in a storage medium (e.g., internal memory or external memory) that is readable by a machine (e.g., a master device or a task performing device)).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2024/0365222 to Jang et al. – which discloses receiving a management frame transmitted by an external device, obtaining, as target information, at least one of a country code and available channel information, based on the management frame, and setting one or more available channels for the electronic device, based on the obtained target information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
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/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
Prosecution Insights