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 action is in response to the application filed on November 27, 2024
Claims 1-15 are under examination.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 1030/2024, 02/14/2025 and 02/11/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 12-20, 28 and 30 of U.S. Patent No. 18/524895.
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 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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by RYU et al (USP: 2022/0124507 A1).
As per Claim 1 RYU teaches a puncturing information indication method, wherein the method comprises:
receiving a physical layer protocol data unit (PPDU) comprising a preamble, wherein the preamble comprises location indication information and preamble puncturing information, and wherein the location indication information indicates a frequency domain location of a first content channel, the location indication information is located in a universal-SIG (U-SIG) field, and the preamble puncturing information is located in an extremely high throughput signal field (EHT-SIG) field after the U-SIG field (Paragraph 0127, 0171, 0213 For example, the EHT standard may use an increased bandwidth, an enhanced PHY layer protocol data unit (PPDU) structure, content channel which is indicated by HE-SIG-B common field in this case. Preamble puncturing may be signaled from a Bandwidth field in the HE-SIG-A field of an HE MU PPDU. A field indicating a length of an L-SIG field of an uplink PPDU transmitted in response to the corresponding trigger frame or information for controlling content of a SIG-A field (i.e., HE-SIG-A field) of the uplink PPDU transmitted in response to the corresponding trigger frame may be included. In addition, as common control information, information related to a length of a CP of the uplink PPDU transmitted in response to the corresponding trigger frame or information related to a length of an LTF field may be included. FIG. 18, for example, EHT-SIG-A or one control symbol may be inserted. A symbol contiguous to the RL-SIG (i.e., EHT-SIG-A or one control symbol) may include 26-bit information and may further include information for identifying the type of the EHT PPDU. );
wherein the preamble puncturing information is carried on the first content channel, and a bandwidth of the first content channel is less than a bandwidth of the PPDU (Paragraph 0127, 0135, 0214 User fields in the HE-SIG-B content channel which is indicated by HE-SIG-B common field in this case. For example, a field indicating a length of an L-SIG field of an uplink PPDU transmitted in response to the corresponding trigger frame or information for controlling content of a SIG-A field (i.e., HE-SIG-A field) of the uplink PPDU transmitted in response to the corresponding trigger frame may be included. In addition, as common control information, information related to a length of a CP of the uplink PPDU transmitted in response to the corresponding trigger frame or information related to a length of an LTF field may be included. );
determining the preamble puncturing status based on the location information and preamble puncturing information (Paragraph 0015, 0213 The first channel is a channel excluding a preamble-punctured channel from the full channel. The second channel is the preamble-punctured channel. a method and apparatus for transmitting a C-OFDMA PPDU, by a multi-AP, based on a preamble puncturing method in a wireless LAN system.).
As per Claim 2 RYU teaches the method according to claim 1, wherein the preamble puncturing information includes a bitmap that indicates whether a subchannel in the bandwidth of the PPDU is punctured (Paragraph 0236, 0237 The information may be indicated as bitmap information related to each 20 MHz channel. For example, a specific index value may indicate a 20 MHZ unit resource allocation size and position in a resource allocation index format. For simplicity in the description of the present disclosure, it will be assumed that the resource allocation information is 20 MHz unit information, and that the information is being indicated in a bitmap format).
As per Claim 3 RYU teaches the method according to claim 1, wherein the first content channel is distributed on one or more subchannels of bandwidth of the PPDU (Paragraph 0003, 0155, 0171 The A plurality of channels may be configured within the 5 GHz band, and a bandwidth of each channel may be variously set to, for example, 20 MHz, 40 MHz, 80 MHz, 160 MHz, or the like. EHT standard may use an increased bandwidth, an enhanced PHY layer protocol data unit (PPDU) structure).
As per Claim 4 RYU teaches the method according to claim 3, wherein a bandwidth of the subchannel is 20 MHz (Paragraph 0155, 0158 the 20 MHz channel of FIG. 17 may be defined starting from 5.940 GHz. Specifically, among 20 MHz channels of FIG. 17, a bandwidth of each channel may be variously set to, for example, 20 MHz, 40 MHz, 80 MHz, 160 MHz, or the like. For example, 5170 MHz to 5330 MHz frequency domains/ranges within the UNII-1 and UNII-2 may be divided into eight 20 MHz channels. ).
As per Claim 5 RYU teaches the method according to claim 1, wherein the bandwidth of the PPDU is 80 MHz, 160 MHz, 240 MHz, or 320 MHz (Paragraph 0155 a bandwidth of each channel may be variously set to, for example, 20 MHz, 40 MHz, 80 MHz, 160 MHz, or the like. For example, 5170 MHz to 5330 MHz frequency domains/ranges within the UNII-1 and UNII-2 may be divided into eight 20 MHz channels. ).
Claims 6-15 are apparatus and chip claims corresponding to a methods claims 1-5 that have been rejected above. Applicant attention is directed to the rejection of claims 1-5. Claims 6-15 are rejected under the same rational as claims 1-5.
Examiner’s Note
Examiner is open for discussion if the applicant’s representative need further clarifications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (See form 892).
Conclusion
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/SYED ALI/Primary Examiner, Art Unit 2463
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