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 .
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 13, 19 and 20 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 pre-AIA the applicant regards as the invention.
Regarding claim 13, the occurrence of “the link measurement data units” in line 2 has no antecedent basis.
Regarding claim 19, the claim is directed to a third communication method, however the body recites “the third communication device comprising circuitry configured to” receive trial information and participate in overlay communication phases. Thus, the claim recites a method while defining the claimed subject matter through structural and functional limitations of a communication device, without positively reciting method steps performed by the device. It is therefore unclear whether the claim is directed to a method performed by the third communication device or to the third communication device itself.
Claim 20 is rejected as being dependent of rejected claim(s).
Claim Rejections – 35 USC§ 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-7, 12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao(US 2018/0302910 A1) in view of Gault et al(US 2010/0061334 A1).
Regarding claims 1, 18 and 20, Zhao ‘910 teaches, first communication device configured to operate as access point (AP) and to communicate with a second communication device that is configured to operate as station (STA), the first communication device comprising circuitry configured to([0053], [0054], [0093] and Figs. 1-b, 9, a basic service set containing an access point that manage and communicates with multiple stations(STAs) which correspond to the claimed first and second communication device the access point includes hardware circuitry such as are you circuits and the processor the control the operations):
transmit trial information to the second communication device and at least two third communication devices([0013], [0068], [0069] and Figs. 2-4, the AP transmits a management frame containing directional channel quality measurements information identifying at least two station pairs, such as STA A- STAD) the trial information requesting the second communication device and at least two third communication devices to perform link measurement and transmit link measurement information([0013]-[0015] and Figs. 2-3, the directional channel quality measurements information requests each candidate station pair to perform channel quality measurement and each candidate station returns a directional channel quality measurement report to the AP), perform link measurement and/or receive link measurement information from the second communication device and/or one or more third communication devices([0070], [0071] and Fig. 3, While one candidate pair call my kids the other candidate pair measures received interference signal quality; after that STA A- STA D Each transmit and that is not channel quality reports comprising the measured SNR to the AP, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations), and
schedule, under consideration of the measured link and/or the received link measurement information, one or more overlay communication phases([0015], [0072] and Fig. 3, The AP determines from each STA directional channel quality reports weather the candidate pairs can specially share the channel. If special sharing is permitted, the AP adds scheduling information identifying time domain overlapping service periods to the next beacon or announcement frame) in which two third communication devices communicate with each other([0065], [0069], [0070] and Fig .3, STA C communicating directly with STA D as a candidate station pair and also describes STA A communicating with STA B), Zhao ‘910 further teaches, simultaneously with the communication between the first and second communication devices([0058], [0060], [0072} an Figs. 1-b and 3, a service period may be allocated either to an AP and a STA or to a pair to a pair of STAs).
Zhao ‘910 does not explicitly teach, simultaneous communication between the first(AP) and second communication devices(STA).
Gault ‘334 teaches, simultaneous communication between the first(AP) and second communication devices(STA)([0048], [0052], [0060] and Fig. 4, the AP resource allocator allocates resource blocks in response to the received subcarrier quality indications. The AP schedules P2P resource blocks to overlap in time with uplink or downlink resource blocks using disjoint OFDM subcarriers, allowing simultaneous communication).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Gault ‘334, since such modification would provide improved performance, throughout, increased flexibility, and/or improved air interface resource management and allocation, as suggested by Gault ‘334([0004]-[0006]).
Regarding claim 3, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Zhao ‘910 further teaches, first communication device as claimed in claim 1, wherein the circuitry is configured to transmit one or more of trial information that contains a link measurement data unit as part of a single data unit or as separate data units([0068], [0074]. [0079 and Fig. 4-5, management from that includes instructions and station identifiers), and
update trial information to the second communication device and/or third communication devices comprising a request requesting the second communication device and/or at least one third communication device to perform link measurement([ 0068]-[0073], and Fig. 3, the management frame instructing candidate stations pairs to perform directional channel-quality measurement, while one pair communicates in ana allocates SP, the other pair measures the receive interference signal quality), and/or to transmit a link measurement data unit and/or to transmit link measurement information to the first communication device([0071], [0083]-[0084] and Fig. 3, after completion of the measurement SPs, each candidate station transmits a directional channel-quality report containing its measured received-signal quality to the PCP/AP).
Regarding claim 4, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Gault ‘334 further teaches, first communication device as claimed in claim 1, wherein the circuitry is configured to transmit an overlay communication indication to the second communication device and two third communication devices([0037], [0041, [0048] and Figs. 4 and 6, AP broadcasts a first OPSMP message to the remote stations, and the message identifies allocated resource blocks and the stations to which they are allocated. The resource allocation includes resources for AP to STA and STA to STA communications), the overlay communication indication indicating to the second communication device and two third communication devices that overlay communication has been scheduled for them and/or to include in the overlay communication indication one or more of([0069], [0071], [0073 and Fig. 6, the OPSMP action frame comprising carrier-set allocation sections identifying whether each allocation is for AP-based or P2P communication, together with the identities of the allocated remote stations and their time intervals):
configuration information for configuring at least the two third communication devices for the overlay communication, the configuration information including one or more of transmission power, number of spatial streams, bandwidth, beamforming weights, frequency sub-band, resource unit size and/or location, and subcarrier subset([0064, [0065], [0070] and Fig. 6, separately allocatable OFDM subcarrier sets and includes identifiers for the selected sets in the OPSM action frame. The allocated OFDM subcarrier set reads on at least subcarrier subset), time information indicating a time window for performing the overlay communication(([0064, [0065], [0075] and Fig. 6, the OPSMP frame includes the duration of the OPSMP interval while each resource-block field identifies an allocated time interval, the AP-based resource block also identifies its stat time and duration), and information that the overlay communication of the two third communication devices is scheduled simultaneously with only the uplink or downlink of the communication between the first and second communication device([0051], [0052] and Fig. 4, allowing P2P resource blocks to overlap either the uplink interval or the downlink intervals).
Regarding claim 5, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Gault ‘334 further teaches,, wherein the circuitry is configured to communicate with the second communication device at least partly simultaneously with the overlay communication between the two third communication devices([0048], [0052] and Fig. 4, the P2P resource blocks operating simultaneously with AP-based resource blocks) and/or in a frequency bandwidth that at least partly overlaps with the bandwidth of the overlay communication between the two third communication devices([0052], [0054] and Fig. 4, AP bases and P2P communication within the same OFDM channel, but allocates them disjoint set of OFDM subcarriers during overlapping time intervals, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claim 6, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Zhao ‘910 further teaches, wherein the circuitry is configured to include in the trial information one or more of: an indication to start a trial phase, information regarding link measurement procedure, measurement reporting mechanism and/or reporting metric, time information regarding timing when the second communication device and/or the one or more third communication devices shall perform link measurement and measurement reporting, a request to measure channel conditions between the respective communication device and the first communication device([0006], [0014] and fig. 1, AP initiates a spatial sharing assessment phase by sending a direction channel quality request frame to selected stations), the order in which the second communication device and the third communication devices transmit link measurement data units, configuration of the link measurement data units, the configuration including one or more of transmission power, number of spatial streams, bandwidth, beamforming weights, frequency sub-band, resource unit(s) and subcarrier subset([0022], [0080] and Fig. 4, the directional channel quality measurement information includes an operational channel filed that configures the frequency of the channel resource allocated for measurement which provides configuration data regarding the frequency sub-band or BW that the stion must use for the link measurement transmission).
Regarding claim 7, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Zhao ‘910 further teaches, wherein the circuitry is configured to schedule the overlay communication by determining signal-to-interference plus noise ratio (SINR) or signal-to-noise ratio (SNR) based on the measured link and the received link measurement information, and to decide if overlay communication is allowed or not based on the SINR or SNR([0070]-[0072] and Fig. 3, the stations report measured SNR values, and the PCP/AP determines from the directional channel quality measurement report whether each candidate pair can perform SPSH. And if SPSH is permitted, the AP schedules overlapping SPs).
Regarding claim 12, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Zhao ‘910 further teaches, wherein the trial information comprises a trial announcement or a trigger that is transmitted directly to the second communication device and/or the third communication devices within the same basic service set or that is broadcasted within the basic service set([0006], [0069] and Figs. 1, 3, the AP initiates the assessment phase by transmitting a directional channel quality request frame directly to the stations selected to perform spatial sharing. Further teaches that the channel quality measurement information can also be encapsulated within a management frame that is a broadcasted beacon frame or an announcement frame).
Regarding claims 14 and 19, Zhao ‘910 teaches, Third communication device configured to communicate with another third communication device, the third communication device comprising circuitry configured to([0003], [0006], [00053] and Fig. 1, a station capable of P2P communication with another station(e.g. STA A communicating g with STAB) the STA comprising circuitry for managing and processing wireless communications):
receive trial information from a first communication device that is configured to operate as access point (AP) and to communicate with a second communication device that is configured to operate as station (STA), the trial information requesting the second communication device, the third communication device and at least another third communication device to perform link measurement and transmit link measurement information([0006], [0008] and Figs. 1-2, the STA receives a directional channel quality request frame( trial information) from the access point that requests multiple selected stations to perform channel quality measurements and transmit a direction channel quality report back to the AP), and
participate in one or more overlay communication phases scheduled by the first communication device under consideration of the measured link and/or link measurement information([0009], [0058], [0059] and Figs. 1, 3, the STA participates in spatial sharing(overlay communication) scheduled by the access point based on the evaluated directional channel quality reports), wherein the third communication device and another third communication device communicate with each other simultaneously with the communication between the first and second communication devices([0009], [0058], [0059] and Figs. 1, 3, channel resources can be allocated for simultaneous communication involving a pair to STAs or the PCP/AP and a STA).
Zhao ‘910 does not explicitly teach, wherein the third communication device and another third communication device communicate with each other simultaneously with the communication between the first and second communication devices.
Gault ‘334 teaches, wherein the third communication device and another third communication device communicate with each other simultaneously with the communication between the first and second communication devices ([0048], [0052], [0060] and Fig. 4, the AP resource allocator allocates resource blocks in response to the received subcarrier quality indications. The AP schedules P2P resource blocks to overlap in time with uplink or downlink resource blocks using disjoint OFDM subcarriers, allowing simultaneous communication).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Gault ‘334, since such modification would provide improved performance, throughout, increased flexibility, and/or improved air interface resource management and allocation, as suggested by Gault ‘334([0004]-[0006]).
Regarding claim 15, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Zhao ‘910 further teaches, wherein the circuitry is configured to: transmit one or more link measurement data units to one or more of the first and second communication devices and another third communication device([0007], [0067] and Figs. 1, 3, candidate station pairs are scheduled to perform communication within a service period dedicated for directional channel quality measurement. The scheduled communications act as the link measurement data unit are transmitted over the channel monitored by other stations),
receive link measurement data units transmitted by the second communication device and at least another third communication device ([0007], [0067] and Figs. 1, 3, while one station pair is performing communication in their allocates service period, the station in another candidate station pair receive these transmissions), perform link measurement based on the received link measurement data units([[0007], [0067] and Figs. 1, 3, each of the candidate station measuring the interference received signal quality based on the communication of the transmitting station pair) transmit link measurement information to the first communication device, the link measurement information indicating the measured link([0008], [0083], [0084] and Figs. 1-2, after the measurement service expire, each station sends a directional channel quality report back to the access point. This report acts as the link measurement information by carrying the received signal quality measures by the candidate station during the measurement phase).
Regarding claim 16, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Zhao ‘910 further teaches, wherein the circuitry is configured to transmit the link measurement data unit using a transmission configuration that enables measurement of the maximum received power that may occur in the overlay communication phase and/or to communicate with another third communication device using the same configuration that has been used for transmitting the link measurement data unit([007], [0060] and Fig. 1, requiring the station to perform their scheduled rP2P communication using the transmit and receive antenna modes obtain during their initial beamforming training. The stations communicate with each other using the same antenna configuration during both the initial measurement phase and the subsequent spatial sharing (overlay) phase).
Regarding claim 17, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations, Zhao ‘910 further teaches, wherein the circuitry is configured to transmit the link measurement information included in or attached to a link measurement data unit or as a separate link measurement report([0071], [0084]-[00085] and Figs. 1a, 3, after the measurement SPs expire, each STA separately transmits a directional-channel-quality report frame comprising its measured SNR to the PCP/AP, notice the claim limitation is written in alternative form thus examiner is required to show only on of the alternative claim limitations).
Claims 2, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao ‘910 and Gault ‘334 as applied to claims above, and further in view of Seok et al(US 2021/0314879 A1).
Regarding claim 2, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations except, wherein the circuitry is configured to: receive link measurement data units transmitted by the second communication device and/or one or more third communication devices, perform link measurement based on the received link measurement data units, and receive link measurement information from the second communication device and/or one or more third communication devices, the link measurement information indicating the link measured by the second communication device and/or the one or more third communication devices based on the transmitted link measurement data units.
Seok ‘879 teaches, first communication device as claimed in claim 1, wherein the circuitry is configured to: receive link measurement data units transmitted by the second communication device and/or one or more third communication devices([0050], [0056], [0057] and Fig. 3-4, the sharing AP (first device) receiving trigger -bases PPDUs from STAs), perform link measurement based on the received link measurement data units([0050], [0056], [0057] and Fig. 3-4, the sharing AP (first device) receiving trigger -bases PPDUs from STAs and performing RSSI measurements based on the received PPDUs), and
receive link measurement information from the second communication device and/or one or more third communication devices, the link measurement information indicating the link measured by the second communication device and/or the one or more third communication devices based on the transmitted link measurement data units([0050], [0056], [0057] and Fig. 3-4, the sharing AP subsequently receives a per-RU RSSI report(measurement information) indicating the measurements taken by the shared AP based on those same data units).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Seok ‘879, since such modification would enable to coordinate the power levels used for transmission of the OBSSs so that potential interference can be avoided when data is transmitted simultaneously on the same wireless channel, as suggested by Seok ‘879([0005]).
Regarding claim 8, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations except, wherein the circuitry is configured to determine SINR or SNR values for uplink and/or downlink communication between the first and second communication devices and SINR or SNR values for each link involved in the overlay communication between the two third communication devices([0052], [0053], [0054], calculating SIRs for the links between the AP and STA to compile SIR table), and decide if overlay communication is allowed based one or more of: the SINR of the uplink or downlink communication between first and second communication devices is above a predetermined threshold; the SINR for one or both of the links between the two third communication devices is above a predetermined threshold; and the solution to an optimization problem based on joint SINR or SNR values from uplink, downlink and/or overlay communication links between the two third communication devices0052], [0053], [0054], calculating SIRs for the links between the AP and STA to compile SIR table and compares these values with “C-SR tolerable maximum interference signal strength”(threshold) to decide if coordinated spatial reuse(overlay communication) is allowed), notice the claim limitation is written in alternative form, thus examiner is required to show only one of the alternative claim limitation).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Seok ‘879, since such modification would enable to coordinate the power levels used for transmission of the OBSSs so that potential interference can be avoided when data is transmitted simultaneously on the same wireless channel, as suggested by Seok ‘879([0005]).
Regarding claim 13, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations except, wherein the circuitry is configured to transmit, after receipt of the link measurement data units, a report trigger requesting the second communication device and/or one or more third communication devices to transmit the link measurement information.
Seok ‘879 teaches, wherein the circuitry is configured to transmit, after receipt of the link measurement data units, a report trigger requesting the second communication device and/or one or more third communication devices to transmit the link measurement information([0056], transmitting a trigger frame to solicit a per-RU RSSI report after the TB PPDUs (measurement data units) have been transmitted and measured).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Seok ‘879, since such modification would enable to coordinate the power levels used for transmission of the OBSSs so that potential interference can be avoided when data is transmitted simultaneously on the same wireless channel, as suggested by Seok ‘879([0005]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao ‘910 and Gault ‘334 as applied to claims above, and further in view of Jeon et al(US 2012/0315944 A1).
Regarding claim 9, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations except, wherein the circuitry is configured to inform the second communication device to stop transmitting data units before or along with transmitting the trial information to allow for a trial phase in which link measurement is performed, for subsequently scheduling the overlay communication phase and/or to inform the second communication device to resume transmitting data units after the trial phase.
Jeon ‘944 teaches, wherein the circuitry is configured to inform the second communication device to stop transmitting data units before or along with transmitting the trial information to allow for a trial phase in which link measurement is performed([0054], [0056], [0061], [0072] and Figs 3-6, all STAs stop signal transmission and reception during a quit period, the AP broadcast SPM/quiet information identifying when sensing occurs and start of the quiet duration, the STA then measures and reports the result to AP) for subsequently scheduling the overlay communication phase and/or to inform the second communication device to resume transmitting data units after the trial phase([00084] and Fig. 9, after evaluating the measurement report the AP transmits an action frame including a data period start element to the STAs).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Jeon ‘944, since such modification would provide a method and apparatus for reporting a sensing result to allow an AP to efficiently receive the sensing result from STA operated as an unlicensed device at TVWS, as suggested by Jeon ‘944([0012]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao ‘910 and Gault ‘334 as applied to claims above, and further in view of Jin et al(US 2010/0316013 A1).
Regarding claim 10, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations except, wherein the circuitry is configured to inform the second communication device to transmit data units in a non-overlay communication phase, in which only the communication between the first and second communication devices occurs, after an overlay communication phase.
Jin ‘013 teaches, first communication device as claimed in claim 1, wherein the circuitry is configured to inform the second communication device to transmit data units in a non-overlay communication phase([0114]-[0118] and Figs. 17-18, allocating a new resource for a new terminal par so that it overlaps a resource already allocated to an existing terminal period), in which only the communication between the first and second communication devices occurs, after an overlay communication phase([0121], [0137], [0146], Figs 17-21, scheduling information identifying source and destination terminals and the SP duration which the control station transmits to the terminal , a terminal identified in that scheduling information performs data transmission in the defined period).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Jin ‘013, since such modification would provide a scheduling method and apparatus having advantages of giving a chance for transmission to a plurality of terminals in the same time period, as suggested by Jin ‘013([0010]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao ‘910 and Gault ‘334 as applied to claims above, and further in view of Abdallah et al(US 2017/0353984 A1).
Regarding claim 11, the combination of Zhao ‘910 and Gault ‘334 teaches all of the claim limitations except, wherein the circuitry is configured to collect, during or after the overlay communication phase, status information regarding the status of the overlay communication and to decide, based on the collected status information, to return to a non-overlay communication phase, wherein only the communication between the first and second communication devices occurs, or to initiate a new trial phase or to initiate a new overlay communication phase.
Abdallah ‘984 teaches, wherein the circuitry is configured to collect, during or after the overlay communication phase, status information regarding the status of the overlay communication and to decide, based on the collected status information, to return to a non-overlay communication phase, wherein only the communication between the first and second communication devices occurs, or to initiate a new trial phase or to initiate a new overlay communication phase([0119], [0120], [0121], and initiator STA evaluates whether a spatial re-use transmission was properly acknowledged to collect status information and based on this status feedback, it decides whether to proceed with exchanging data or to initiate a new trial phase).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Zhao ‘910 by incorporating the teaching of Abdallah ‘984, since such modification provide efficient beamforming training, interference assessment, and fast non-centralized P2P link establishment, as suggested by Abdallah ‘984([0009]).
Internet Communications
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/AWET HAILE/Primary Examiner, Art Unit 2474
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