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 .
DETAILED ACTION
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 18/899,379 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because one skill in the art would recognize that the scope of the instant claims are within the scope of the copending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over XIN et al. (US 2022/0053560 A1), hereinafter XIN in view of CAMPBELL et al. (US 2025/0016701 A1), hereinafter CAMPBELL.
Regarding claim 1, XIN discloses a communication apparatus (a non-AP STA, see ¶ 0137) that joins a wireless network formed by a first other communication apparatus, the communication apparatus comprising: at least one storage medium; at least one processor that executes the instructions stored in the at least one storage medium, at least one circuit or a combination of the at least one processor and the circuit, to cause the communication apparatus to perform:
receiving, while the communication apparatus is in an Awake state, a Trigger frame conforming to an IEEE 802.11 series standard from the first other communication apparatus (the network is WLAN using IEEE 802.11, see ¶ 0076), the Trigger frame permitting to share a first period with at least one communication apparatus joining the wireless network and communicate, the first period being at least one portion of a TXOP (transmission opportunity) acquired by the first other communication apparatus (A check 118 determines if TXOP sharing is allowed. If sharing is allowed, then at block 120 the non-AP STA follows the trigger-based transmissions scheduled by AP 120, see ¶ 0138); and
in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
XIN fails to disclose the communication apparatus is not permitted to share, causing the communication apparatus to maintain the Awake state during the first period.
In the same field of endeavor, CAMPBELL discloses the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP (see ¶ 0139).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement CAMPBELL’s teaching in the network taught by XIN for configurating the STA (wireless device) for proper communication with access point within the allocated TWT period.
Regarding claim 2, CAMPBELL discloses receiving a response frame to the Trigger frame from a second other communication apparatus that is permitted to share the first period by the Trigger frame (the STA 820 receiving audio stream from the peripheral device 830 during AP share TXOP with STA period, see figure 9 and ¶ 0140); and in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame, setting a second period during which the communication apparatus is inhibited from transmitting a frame, the setting being based on information included in the received Trigger frame or the received response frame (At time t.sub.9, the first r-TWT SP ends, and is followed by a TWT SI between times t.sub.9 and t.sub.10. As discussed, the TWT SI may correspond to a quiet time or sleep period during which one or both of the wireless device 820 and the peripheral device 830 may enter a power save mode or sleep state to reduce power consumption. In some instances, the wireless device 820 and the peripheral device 830 wake from respective power save modes or sleep states prior to the start of the second r-TWT SP, at time t.sub.10, see ¶ 0142 and figure 9).
Regarding claim 3, CAMPBELL discloses the communication apparatus maintains the Awake state during the second period (STA maintains a quiet period, see figure 9).
Regarding claim 4, CAMPBELL discloses the second period is an NAV (network allocation vector) (the second softAP and the peripheral device 830 have NAVs to the indicated time period, see ¶ 0120).
Regarding claim 5, CAMPBELL discloses the Trigger frame includes information indicating whether to cause the communication apparatus to maintain the Awake state during the first period in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame (the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP, see ¶ 0139).
Regarding claim 6, CAMPBELL discloses the Trigger frame is an MU-RTS TXS Trigger frame (the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP, see ¶ 0139).
Regarding claim 7, XIN discloses a communication apparatus (AP, see ¶ 0129) that operates to form a wireless network, the communication apparatus comprising: at least one storage medium; at least one processor that executes the instructions stored in the at least one storage medium, at least one circuit or a combination of the at least one processor and the circuit, to cause the communication apparatus to perform:
transmitting a Trigger frame conforming to an IEEE 802.11 series standard (the network is WLAN using IEEE 802.11, see ¶ 0076), to another communication apparatus joining a wireless network formed by the communication apparatus, the Trigger frame permitting to share a first period with at least one communication apparatus joining the wireless network and communicate, the first period being at least one portion of a TXOP (transmission opportunity) acquired by the communication apparatus (a check 118 determines if TXOP sharing is allowed. If sharing is allowed, then at block 120 the non-AP STA follows the trigger-based transmissions scheduled by AP 120, see ¶ 0138),
wherein the Trigger frame includes information indicating whether to cause a communication apparatus that is not permitted to share the first period by the Trigger frame to maintain an Awake state (if the sharing it not allowed, then at block 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
XIN fails to disclose in a case where the communication apparatus is not permitted to share, causing the communication apparatus to maintain the Awake state during the first period.
In the same field of endeavor, CAMPBELL discloses the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP (see ¶ 0139).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement CAMPBELL’s teaching in the network taught by XIN for configurating the STA (wireless device) for proper communication with access point within the allocated TWT period.
Regarding claim 8, XIN discloses a communication method for a communication apparatus (a non-AP STA, see ¶ 0137) that joins a wireless network formed by a first other communication apparatus, the method comprising:
a first receiving step of receiving, while the communication apparatus is in an Awake state, a Trigger frame conforming to an IEEE 802.11 series standard from the first other communication apparatus (the network is WLAN using IEEE 802.11, see ¶ 0076), the Trigger frame permitting to share a first period with at least one communication apparatus joining the wireless network and communicate, the first period being at least one portion of a TXOP (transmission opportunity) acquired by the first other communication apparatus (A check 118 determines if TXOP sharing is allowed. If sharing is allowed, then at block 120 the non-AP STA follows the trigger-based transmissions scheduled by AP 120, see ¶ 0138); and
a control step of, in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, causing the communication apparatus to maintain the Awake state during the first period (if the sharing it not allowed, then at block 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
XIN fails to disclose in a case where the communication apparatus is not permitted to share, causing the communication apparatus to maintain the Awake state during the first period.
In the same field of endeavor, CAMPBELL discloses the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP (see ¶ 0139).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement CAMPBELL’s teaching in the network taught by XIN for configurating the STA (wireless device) for proper communication with access point within the allocated TWT period.
Regarding claim 9, XIN discloses a communication method for a communication apparatus (AP, see ¶ 0129) that operates to form a wireless network, the method comprising:
a transmitting step of transmitting a Trigger frame conforming to an IEEE 802.11 series standard (the network is WLAN using IEEE 802.11, see ¶ 0076), to another communication apparatus joining a wireless network formed by the communication apparatus, the Trigger frame permitting to share a first period with at least one communication apparatus joining the wireless network and communicate, the first period being at least one portion of a TXOP (transmission opportunity) acquired by the communication apparatus (a check 118 determines if TXOP sharing is allowed. If sharing is allowed, then at block 120 the non-AP STA follows the trigger-based transmissions scheduled by AP 120, see ¶ 0138),
wherein the Trigger frame includes information indicating whether to cause a communication apparatus that is not permitted to share the first period by the Trigger frame to maintain an Awake state (if the sharing it not allowed, then at block 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
XIN fails to disclose in a case where the communication apparatus is not permitted to share, causing the communication apparatus to maintain the Awake state during the first period.
In the same field of endeavor, CAMPBELL discloses the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP (see ¶ 0139).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement CAMPBELL’s teaching in the network taught by XIN for configurating the STA (wireless device) for proper communication with access point within the allocated TWT period.
Regarding claim 10, XIN discloses a non-transitory computer storage medium that stores a program to cause, when the program is executed, a communication apparatus (a non-AP STA, see ¶ 0137) that joins a wireless network formed by a first other communication apparatus to perform:
a first receiving step of receiving, while the communication apparatus is in an Awake state, a Trigger frame conforming to an IEEE 802.11 series standard from the first other communication apparatus (the network is WLAN using IEEE 802.11, see ¶ 0076), the Trigger frame permitting to share a first period with at least one communication apparatus joining the wireless network and communicate, the first period being at least one portion of a TXOP (transmission opportunity) acquired by the first other communication apparatus (A check 118 determines if TXOP sharing is allowed. If sharing is allowed, then at block 120 the non-AP STA follows the trigger-based transmissions scheduled by AP 120, see ¶ 0138); and
a control step of, in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, causing the communication apparatus to maintain the Awake state during the first period (if the sharing it not allowed, then at block 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
XIN fails to disclose in a case where the communication apparatus is not permitted to share, causing the communication apparatus to maintain the Awake state during the first period.
In the same field of endeavor, CAMPBELL discloses the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP (see ¶ 0139).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement CAMPBELL’s teaching in the network taught by XIN for configurating the STA (wireless device) for proper communication with access point within the allocated TWT period.
Regarding claim 11, XIN discloses a non-transitory computer storage medium that stores a program to cause, when the program is executed, a communication apparatus (AP, see ¶ 0129) that operates to form a wireless network to perform:
a transmitting step of transmitting a Trigger frame conforming to an IEEE 802.11 series standard (the network is WLAN using IEEE 802.11, see ¶ 0076), to another communication apparatus joining a wireless network formed by the communication apparatus, the Trigger frame permitting to share a first period with at least one communication apparatus joining the wireless network and communicate, the first period being at least one portion of a TXOP (transmission opportunity) acquired by the communication apparatus (a check 118 determines if TXOP sharing is allowed. If sharing is allowed, then at block 120 the non-AP STA follows the trigger-based transmissions scheduled by AP 120, see ¶ 0138),
wherein the Trigger frame includes information indicating whether to cause a communication apparatus that is not permitted to share the first period by the Trigger frame to maintain an Awake state (if the sharing it not allowed, then at block 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
in a case where the communication apparatus is not permitted to share the first period by the received Trigger frame received, block 122 the non-AP STA arranges the transmission by itself after finishing RTF transmission and its solicited transmissions during its TXOP, see ¶ 0138).
XIN fails to disclose in a case where the communication apparatus is not permitted to share, causing the communication apparatus to maintain the Awake state during the first period.
In the same field of endeavor, CAMPBELL discloses the STA of the wireless device 820 receives the first MU-RTS TXS trigger frame between times t3 and t4, and acknowledges reception of the first MU-RTS TXS trigger frame by transmitting a CTS frame to the AP 810 at time t4… In this way, the CTS frame may prevent the peripheral device 830 from entering a power save mode or sleep state after detecting the CTS frame, thereby ensuring that the peripheral device 830 remains awake to stream media to the wireless device 820 over the link 850 during the TXOP sharing mode associated with the first r-TWT SP (see ¶ 0139).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement CAMPBELL’s teaching in the network taught by XIN for configurating the STA (wireless device) for proper communication with access point within the allocated TWT period.
Conclusion
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/BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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