Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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: connection establishment processing unit and a communication control processing unit in claims 1,10, and 16.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1,10,16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1,10,16 recite the phrases “connection establishment processing unit " and “ a communication control processing unit” comprising a non-structural term “unit” and non-structural modifier “processing”, would invoke 35 U.S.C. 112, sixth paragraph which proper structure from the specification. However, it is unclear from the specification what structure would be sufficient to achieve the function of the claimed processing device . The lack of sufficient structure in the specification renders the claim vague and indefinite.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Merlin et al. (US Application 2013/0235760, hereinafter Merlin).
Regarding claim 1, Merlin discloses a wireless communication device (Figs. 1-3,6-11) comprising:
a connection establishment processing unit (214) that performs a connection establishment process of establishing a first connection to a wireless terminal via a relaying device in which a function of referring to content of data in a frame to be used in wireless communication is limited([0060]-[0063],[0102]-0107], which recites at block 602, the process 600 receives a request for relay connection from a STA. In an embodiment, the STA has associated with the AP. At block 604, the process 600 transmits a message to at least one relay based on the received request for relay connection); and
a communication control processing unit (204) that performs a process of controlling communication with the wireless terminal via the relaying device, after establishment of the first connection([0060]-[0063],[0102]-0107], which recites the device 1100 further includes means 1104 for associating the device with the AP based on the association message. In an embodiment, means 1104 for associating the device with the AP based on the association message may be configured to perform one or more of the functions discussed above with respect to block 1004).
Regarding claim 10, Merlin discloses a wireless communication device (Figs. 1-3,6-11) comprising:
a connection establishment processing unit (214) that performs a connection establishment process of establishing a first connection to an access point, on a basis of a connection request indicating that a function of referring to content of data in a frame to be used in wireless communication is limited([0060]-[0063],[0102]-0107], which recites at block 602, the process 600 receives a request for relay connection from a STA. In an embodiment, the STA has associated with the AP. At block 604, the process 600 transmits a message to at least one relay based on the received request for relay connection); and
a relay processing unit (204) that performs a process of relaying communication between a wireless terminal and the access point, after establishment of the first connection([0060]-[0063],[0102]-0107], which recites the device 1100 further includes means 1104 for associating the device with the AP based on the association message. In an embodiment, means 1104 for associating the device with the AP based on the association message may be configured to perform one or more of the functions discussed above with respect to block 1004).
Regarding claim 16, Merlin discloses a wireless communication device (Figs. 1-3,6-11) comprising:
a connection establishment processing unit (214) that performs a connection establishment process of establishing a first connection to an access point via a relaying device, on a basis of a connection request for a connection to the access point, the connection request being directed to the relaying device in which a function of referring to content of data in a frame to be used in wireless communication is limited([0060]-[0063],[0102]-0107], which recites at block 602, the process 600 receives a request for relay connection from a STA. In an embodiment, the STA has associated with the AP. At block 604, the process 600 transmits a message to at least one relay based on the received request for relay connection); and
a communication control processing unit (204) that performs a process of controlling communication with the access point via the relaying device, after establishment of the first connection([0060]-[0063],[0102]-0107], which recites the device 1100 further includes means 1104 for associating the device with the AP based on the association message. In an embodiment, means 1104 for associating the device with the AP based on the association message may be configured to perform one or more of the functions discussed above with respect to block 1004).
Regarding claims 2, 11,17, Merlin discloses the wireless communication device according to claim 1, wherein the frame includes a media access control (MAC) frame([0074],[0076],[0078]).
Regarding claims 3, 18, Merlin discloses the wireless communication device according to claim 1, wherein the connection establishment processing unit performs the connection establishment process, on a basis of establishment of a second connection to the relaying device([0060]-[0063],[0102]-0107]).
Regarding claim 4, Merlin discloses the wireless communication device according to claim 3, wherein the connection establishment processing unit performs a process of generating information regarding whether to establish a connection in response to a connection request from the relaying device([0060]-[0063],[0102]-0107]).
Regarding claim 5, Merlin discloses the wireless communication device according to claim 3, wherein the connection establishment processing unit performs a request process on another access point capable of an operation as the relaying device, the request process being a process of requesting for an operation as the relaying device([0060]-[0063],[0102]-0107]).
Regarding claim 6, Merlin discloses the wireless communication device according to claim 1, which broadcasts a signal including at least one piece of information indicating a capability of connecting to the relaying device or information indicating a capability of operating as the relaying device([0060]-[0063],[0102]-0107]).
Regarding claim 7, Merlin discloses the wireless communication device according to claim 1, wherein wireless communication of a signal including information to be used in establishing the second connection is performed with the relaying device([0060]-[0063],[0102]-0107]).
Regarding claim 8, Merlin discloses the wireless communication device according to claim 7, which performs, with the wireless terminal, wireless communication of a signal including information to be used in establishing the first connection, on a basis of establishment of the second connection([0060]-[0063],[0102]-0107]).
Regarding claim 9, Merlin discloses the wireless communication device according to claim 8, wherein a destination of the signal including information to be used in establishing the first connection is the relaying device([0060]-[0063],[0102]-0107]).
Regarding claim 12, Merlin discloses the wireless communication device according to claim 10, which broadcasts a signal including information indicating that the wireless communication device is operating as a relaying device for communication between the wireless terminal and the access point([0058],[0101],[0118],[0121]).
Regarding claim 13, Merlin discloses the wireless communication device according to claim 12, which broadcasts an operation parameter of the access point and an operation parameter as the relaying device([0058],[0101],[0118],[0121]).
Regarding claim 14, Merlin discloses the wireless communication device according to claim 10, wherein a connection establishment signal that is transmitted from the access point and indicates establishment of a connection between the access point and the wireless terminal is wirelessly transferred to the wireless terminal, and a connection establishment signal that is transmitted from the wireless terminal and indicates establishment of a connection between the access point and the wireless terminal is wirelessly transferred to the access point([0060]-[0063],[0102]-0107]).
Regarding claim 15, Merlin discloses the wireless communication device according to claim 14, wherein the connection establishment signal includes a signal related to a connection request from the wireless terminal to the access point, and a signal related to a response from the access point to the connection request from the wireless terminal([0060]-[0063],[0102]-0107]).
Regarding claim 19, Merlin discloses the wireless communication device according to claim 18, wherein the connection establishment signal includes a signal related to a connection request to the access point, and a signal related to a response from the access point to the connection request([0060]-[0063],[0102]-0107]).
Regarding claim 20, Merlin discloses the wireless communication device according to claim 19, wherein the signal related to the connection request to the access point includes information regarding an extension of a timeout from transmission of the signal related to the connection request, to reception of the signal related to the response([0060]-[0063],[0102]-0107]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Moo Jeong can be reached at 571-272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DADY CHERY/Primary Examiner, Art Unit 2418
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