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 .
The instant first office action is in response to communication filed on 09/11/2024.
Claims 1-16 are pending of which claims 1, 14, 15, and 16 are independent.
The IDS(s) submitted on 09/11/2024 and 06/23/2025 has been considered.
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Examiner’s Note: Examiner wants to emphasize Jeon et al (US 20230007532 A1) applied in the rejection below has identical invention to Applicant’s, as Jeon’s Figs. 5a,5b, 8, 12, and 13 are equivalent to Applicant’s Figs. 5 and 7-9 .
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.
(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, 2, 3, 4, 5, 6, 8, 10-13 and 14-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jeon et al (US 20230007532 A1)
Regarding claim 1, Jeon discloses a communication apparatus (i.e. per paragraph 32 Fig. 2 apparatus 21 or apparatus 22 can be the communication apparatus being an AP) comprising: circuitry (i.e. Processing Circuitry 21_6 and 22_6 in Fig. 2), which, in operation (See Fig. 8 AP/Communication Apparatus sending a signal comprising NDPA 31, aggregated PPDU NDP 32 and trigger 34) , generates at least one signal (i.e. the signal comprises NDPA 31, aggregated PPDU NDP 32 and trigger 34 per Fig. 8. See paragraphs 0018, 0072 and 0073), wherein a part of the at least one signal is configured for a first station of a first generation (Per paragraph 0073 STA1 of Fig.8 gets EHT NDP 32A where EHT is the first generation) and another part of the at least one signal is configured for a second station of a second generation in a sounding procedure(Per paragraph 0073 STA2 of Fig.8 gets EHT+ NDP 32B where EHT+ is the second generation); and a transmitter (Fig. 2 transmitter 21-2, 22_2 ), which, in operation, transmits the at least one signal. (i.e. Fig. 8 transmits the signals shown in the timeline from AP to STA1 to STA3 – see paragraphs 72-75)
Regarding claim 14, Jeon discloses a communication method (i.e. Figs. 1-14) implemented by a communication apparatus (i.e. per paragraph 32 Fig. 2 apparatus 21 or apparatus 22 can be the communication apparatus being an AP) comprising: generating at least one signal (See Fig. 8 AP/Communication Apparatus sending a signal comprising NDPA 31, aggregated PPDU NDP 32 and trigger 34. See paragraphs 0018, 0072 and 0073), wherein a part of the at least one signal is configured for a first station of a first generation (Per paragraph 0073 STA1 of Fig.8 gets EHT NDP 32A where EHT is the first generation) and another part of the at least one signal is configured for a second station of a second generation in a sounding procedure(Per paragraph 0073 STA2 of Fig.8 gets EHT+ NDP 32B where EHT+ is the second generation); and transmitting the at least one signal. (i.e. Fig. 8 transmits the signals shown in the timeline from AP to STA1 to STA3 – see paragraphs 72-75)
Regarding claim 15, Jeon discloses a first station (i.e. per paragraph 32 Fig. 2 apparatus 21 or apparatus 22 can be the first station) comprising;
a receiver (i.e. Fig. 2 transceiver 21-4 and 22-4), which, in operation, receive at least one signa(See Fig. 8 AP/Communication Apparatus sending a signal comprising NDPA 31, aggregated PPDU NDP 32 and trigger 34. See paragraphs 0018, 0072 and 0073), wherein a part of the at least one signal is configured for the first station of a first generation (Per paragraph 0073 STA1 of Fig.8 gets EHT NDP 32A where EHT is the first generation) and another part of the at least one signal is configured for a second station of a second generation in a sounding procedure (Per paragraph 0073 STA2 of Fig.8 gets EHT+ NDP 32B where EHT+ is the second generation); and
circuitry, which, in operation, decodes the at least one signal. (Fig. 13 STA 13 decodes NDPA at step S30 and decodes NDP at S60)
Regarding claim 16, Jeon discloses a communication method (see Figs. 1-13) implemented by a first station (i.e. per paragraph 32 Fig. 2 apparatus 21 or apparatus 22 can be the first station) comprising: receiving at least one signal(See Fig. 8 AP/Communication Apparatus sending a signal comprising NDPA 31, aggregated PPDU NDP 32 and trigger 34. See paragraphs 0018, 0072 and 0073), wherein a part of the at least one signal is configured for the first station of a first generation (Per paragraph 0073 STA1 of Fig.8 gets EHT NDP 32A where EHT is the first generation) and another part of the at least one signal is configured for a second station of a second generation in a sounding procedure(Per paragraph 0073 STA2 of Fig.8 gets EHT+ NDP 32B where EHT+ is the second generation); and decoding the at least one signal. (Fig. 13 STA 13 decodes NDPA at step S30 and decodes NDP at S60)
Regarding claim 2, Jeon discloses the communication apparatus of claim 1, wherein at least a part of the at least one signal includes information for the second station, and the first station does not recognize the information. (See paragraphs 70 and 71 where first station recognizes EHT protocol and second station recognizes EHT+ protocol. Pe paragraph 71 first station compliant with EHT protocol does not recognize the second station EHT+ as it includes at least some different subfields from the plurality of subfields of the EHT-SIG field.)
Regarding claim 3, Jeon discloses the communication apparatus of claim 1, wherein the at least one signal comprises a first signal, a second signal and a third signal, wherein the first signal (i.e. see Figs 3, 8, and 12) indicates a sounding sequence of the sounding procedure (i.e. Fig. 3 Sounding NDP, Fig. 8 EHT/EHT+ Sounding 31, Fig. 12 EHT/EHT+ NDPA 41) the second signal carries a field for channel estimation(i.e. Fig. 3 NDPA, Fig. 8 EHT/EHT+ NDP 32a-c, Fig. 12 EHT/EHT+ NDP 42 a,b – See paragraphs 46 and 100 channel estimation being done based on received NDP), the third signal (i.e. Fig. 3 BFRP Trigger Frame, EHT/EHT+ Trigger 34, EHT Feedback/EHT+ Feedback 45a,b) carries information to solicit a response signal (i.e. Fig. 13 STA 132 sends a response signal 80 to the third signal triggering the response per paragraph 101), and at least one of the first signal and the second signal is configured for the first station of the first generation (See paragraph 0073 NDPA/1st signal and NDP/2nd signal is configured for STA1with EHT protocol/1st generation) ; and
the transmitter (i.e. Fig. 8 AP transmitter) , which, in operation, transmits the first signal(EHT+/NDPA 31, Fig. 8, Paragraph 73), the second signal (Fig. 8, EHT+NDP 32B, Paragraph 73) and the third signal (Fig. 8, EHT+ Trigger 34, Paragraph 73) to the second station (Fig. 8 STA 2) of the second generation (i.e. EHT+) to solicit the response signal from the second station(i.e. Fig. 13 STA 132 sends a response signal 80 to the third signal triggering the response per paragraph 101) before the transmitter transmits data (i.e. Fig. 11C) to the second station. (Per Fig. 11C EHT+ Beamformed second data signal (DS) is received by the STA 2 after the sounding procedure is completed.)
Regarding claim 4, Jeon discloses the communication apparatus of claim 3, wherein both the first signal (i.e. NDPA) and the second signal (i.e. NDP) are configured for the first station (i.e. STA1 per paragraph 73 is configured by the AP to receive NDPA and NDP for EHT protocol) , and the response signal (Fig. 8 EHT+ Feedback 35B per paragraphs 75-76 is the response signal configured for second station) and the data are configured for the second station. (Fig. 11C EHT+ Data Signal 36b – see paragraph 86)
Regarding claim 5, Jeon discloses the communication apparatus of claim 3, wherein the first signal (Paragraph 73, EHT NDPA 31), the second signal(Paragraph 73, EHT NDP 32a) and the response signal (Fig. 8 EHT Feedback 35a, paragraphs 75-76) are configured for the first station (STA1 paragraph 73), and the data are configured for the second station. (Fig. 11C EHT+ Beamformed Second Data Signal 36b – see paragraph 86)
Regarding claim 6, Jeon discloses the communication apparatus of claim 3, wherein the first signal (Fig. 8 EHT+ NDP Announcement 31 – paragraph 73) , the response signal (Fig. 8 EFT+ Feedback – paragraph 73) and the data (Fig. 11C EHT+ Beamformed Second Data Signal 36b – see paragraph 86) are configured for the second station (STA2 per paragraph 73 is configured for EHT+ protocol)
Regarding claim 8, Jeon discloses the communication apparatus of claim 5, Jeon further discloses wherein the first signal comprises a signal field, wherein at least a part of the signal field signals the transmission of the second signal and the third signal. (See Jeon Fig. 8 paragraph 73 indicating EHT/EHT+ NDP announcement 31 indicating transmission of 2nd Signal EHT+NDP32b-c and EHT NDP 32a and 3rd signal EHT/EHT+Trigger 34)
Regarding claim 10, Jeon discloses the communication apparatus of claim 6, wherein the transmitter further transmits the first signal, the second signal and the third signal to a third station of the second generation to solicit a second response signal from the third station, simultaneously with the transmission of the first signal, the second signal and the third signal to the second station, before the transmitter transmits second data to the third station. (See Fig. 8 where the AP simultaneous transmits NDPA, NDP and Trigger signals to STA1 to STA3 and sends before the data/data signals as shown in Fig. 11 C is transmitted. See Also Fig. 13 and paragraphs 73-78)
Regarding claim 11, Jeon discloses the communication apparatus of claim 3, wherein both the first signal (i.e. NDPA Fig. 8 Paragraphs 73-75) and the second signal (i.e. NDP Fig. 8 Paragraphs 73-75) are configured for the second station (i.e. Station 2in Fig. 8), the first signal comprising a first signal field signaling an absence of a second signal field in the second signal (NDPA in Fig. 8 can indicate EHT or EHT+ is missing by not populating it. See Paragraphs 0073-0076), and the circuitry is configured to generate the second signal without the second signal field. (i.e. NDP for Station 2 can only be EHT without EHT+ . See Figs 8 and 12 and paragraphs 73 and 76.)
Regarding claim 12, Jeon discloses the communication apparatus of claim 3, wherein the first signal (i.e. NDPA – Figs. 8 and 12), the second signal (i.e. NDP – Figs 8 and 12) and third signal (Trigger frame – Figs. 8 and 12) are configured for the second station (i.e. Fig.8 STA 2), and the at least one signal further comprises a fourth signal, a fifth signal and a sixth signal configured for the first station, and wherein the fourth signal indicates a second sounding sequence of the sounding procedure (Fig. 8&12 NDPA ), the fifth signal carries a second field for channel estimation (i.e. Fig. 8&12 NDP), the sixth signal carries information to solicit a second response signal (i.e. Fig 8&12 Trigger) , and the transmitter further transmits the fourth signal, fifth
signal and sixth signal to the first station to solicit a second response signal from the first station (i.e. Fig. 8&12 EHT/EHT+Feedback 35b) , simultaneously with the transmission of the first signal, the second signal and the third signal to the second station, before the transmitter transmits second data to the first station. (See Fig. 8 where the AP simultaneous transmits NDPA, NDP and Trigger signals to STA1 to STA3 and sends before the data/data signals as shown in Fig. 11 C is transmitted. See Also Fig. 13 and paragraphs 73-78)
Regarding claim 13, Jeon discloses the communication apparatus of claim 3,, wherein both the first signal (Figs. 8&12 NDPA) and the third signal (Figs. 8&12 Trigger ) are configured for the second station, and the at least one signal further comprises a fourth signal and a fifth signal configured for the second station, and wherein the fourth signal indicates the sounding sequence of the sounding procedure (Figs. 8&12 NDPA) the fifth signal carries information to solicit a second response signal(Figs. 8&12 Trigger ), and the transmitter further simultaneously transmits the fourth signal to the first station and the first signal to the second station (Fig.2 STA 2) the second signal (i.e. NDP Figs 8&12) to both the first station (Fig. 8 STA 1) and second station (Fig. 8 STA 2), and then the fifth signal to the first station and the third signal to the second station to solicit the second response signal and the response signal, respectively, before the transmitter transmits second data to the first station and the data to the second station. (See Fig. 8 where the AP simultaneous transmits NDPA, NDP and Trigger signals to STA1 to STA3 and sends before the data/data signals as shown in Fig. 11 C is transmitted. See Also Fig. 13 and paragraphs 73-78. Jeon’s structure shown in Figs 8 and 12 can be rearranged to teach the limitation shown above)
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Cao et al (US 20220116179 A1).
Regarding claim 7, Jeon discloses the communication apparatus of claim 5, wherein the transmitter transmits the first signal to the second station (See Jeon’s Fig. 8 and paragraph 73) but fails to disclose only in a secondary channel to signal the transmission of the second signal and the third signal in the secondary channel.
Cao, in the same endeavor, discloses only in a secondary channel to signal the transmission of the second signal and the third signal in the secondary channel. (See paragraphs 6 and 22 on Stations grouped in the secondary channel and in paragraph 48 NDP and BFRP is transmitted in the secondary channel)
In view of the above, having Jeon’s Channel Sounding scheme and then given the well- established teaching of Cao ’s techniques for sounding to mixed bandwidth stations, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Jeon’s Channel Sounding scheme as taught by Cao ’s techniques for sounding to mixed bandwidth stations, Cao states in paragraph 4 that the modification results in allowing sounding a plurality of stations (STAs) with mixed operating bandwidths using a null data packet (NDP), wherein the bandwidth of the NDP is wider than the bandwidth of one STA, including: grouping STAs of mixed operating bandwidth in one sounding sequence by a beamformer.
Regarding claim 9, Jeon discloses the communication apparatus of claim 5, but fails to disclose wherein the first signal comprises a bandwidth information field signaling a pair of resource unit indices having a RU size larger than 26-tone, the pair of resource unit indices relating to a plurality of subcarriers for which the response signal is solicited.
Cao, in the same endeavor, discloses wherein the first signal comprises a bandwidth information field signaling a pair of resource unit indices having a RU size larger than 26-tone, the pair of resource unit indices relating to a plurality of subcarriers for which the response signal is solicited. (See paragraph 13 having 242 RU tone plan feedback and see paragraphs 27-28 996 RU plan)
In view of the above, having Jeon’s Channel Sounding scheme and then given the well- established teaching of Cao ’s techniques for sounding to mixed bandwidth stations with larger RU tones, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Jeon’s Channel Sounding scheme as taught by Cao ’s techniques for sounding to mixed bandwidth stations with larger RU tones, Cao states in paragraphs 4 and 29 that the modification results in allowing sounding a plurality of stations (STAs) with mixed operating bandwidths using a null data packet (NDP), wherein the bandwidth of the NDP is wider than the bandwidth of one STA, including: grouping STAs of mixed operating bandwidth in one sounding sequence by a beamformer and the sounding NDP are configured with increased RU tones to process the wide-bandwidth NDP and generate the sounding feedback.
Conclusion
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/HABTE MERED/Primary Examiner, Art Unit 2474
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