DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The instant application No. 18905210 has claims 1-16 are pending.
2 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/336,907, filed on March 27, 2019.
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 1-16 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.
Claims 1, 8-9 and 16, recite the following limitation: “the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.” Its unclear how the access point apparatus perform the second uplink multiuser transmission. If its uplink transmission the user equipment performs the transmission not the access point. For examination purpose, the user equipment is transmitting the second uplink transmission after waiting period.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-7, 9-11 and 16 of U.S. Patent No. 11291043 in view of Kim et al. (Pub. No. US 2016/0165637 A1; hereinafter Kim) and, further in of view of Merlin et al. (Pub. No. US 2016/0198500 A1; hereinafter Merlin).
Instant application: 18905210
Patent No. US 11291043
1. An access point apparatus comprising: circuitry configured to control to transmit a frame including information regarding a first transmission waiting period of a communication apparatus after uplink multi user transmission is finished, wherein the information regarding the first transmission waiting period of the communication apparatus includes information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), acquire, based on back off, a first opportunity to trigger first uplink multi user transmission, and acquire, based on a second transmission waiting period, a second opportunity to trigger second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
1. A communication apparatus comprising: circuitry configured to transmit a frame in which information regarding a transmission waiting period of another terminal is included, operate as an access point,
2. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including information of an access category favorable for uplink multi user transmission.
7. The communication apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including information of a category favorable for the multi user transmission
3. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period which is different for each communication apparatus.
3. The communication apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating a transmission waiting period which is different for each terminal.
4. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
4. The communication apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating the transmission waiting period in accordance with a number of times of transmission of the terminal.
5. The access point apparatus according to claim 4, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter first transmission waiting period than a communication apparatus whose number of times of transmission is larger.
5. The communication apparatus according to claim 4, wherein the circuity is configured to transmit the frame including the information designating the transmission waiting period such that a terminal whose number of times of transmission is smaller has a shorter transmission waiting period than a terminal whose number of times of transmission is larger.
6. The access point apparatus according to claim 4, wherein the circuitry is configured to control to transmit the frame including the information designating a shorter first transmission waiting period for a communication apparatus which performs data retransmission than a first transmission waiting period of another communication apparatus.
6. The communication apparatus according to claim 4, wherein the circuitry is configured to transmit the frame including the information designating a shorter transmission waiting period for a terminal which performs data retransmission than a transmission waiting period of another terminal.
7. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame, in which an access category with higher priority is designated, including the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated.
9. The communication apparatus according to claim 7, wherein, in the frame in which a category with higher priority is designated, the information designating a transmission waiting period shorter than a remaining period of a transmission waiting period set in a case where a category will lower priority is designated, is included.
8. A communication method executed in an access point apparatus comprising: transmitting a frame including information regarding a first transmission waiting period of a communication apparatus after uplink multi user transmission is finished, wherein the information regarding the first transmission waiting period of the communication apparatus includes information regarding a contention window in accordance with each access category, and wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); acquiring, based on back off, a first opportunity to trigger first uplink multi user transmission; and acquiring, based on a second transmission waiting period, a second opportunity to trigger a second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
10. A communication method comprising: transmitting a frame in which information regarding a transmission waiting period of another terminal is included; and operating as an access point,
9. A communication apparatus comprising: circuitry configured to set, on a basis of information regarding a transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a first transmission waiting period after uplink multi user transmission is finished, the information regarding the transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), control to perform first uplink multi user transmission triggered by the access point apparatus based on back off; and control to perform, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished.
11. A communication apparatus comprising: circuitry configured to sets on a basis of information regarding a transmission waiting period of the communication apparatus included in a frame received from other communication apparatus, a transmission waiting period after communication processing relating to the received frame is performed, the other communication apparatus operating as an access point,
10. The communication apparatus according to claim 9, wherein the frame includes information of an access category favorable for uplink multi user transmission.
7. The communication apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including information of a category favorable for the multi user transmission
11. The communication apparatus according to claim 9, wherein the frame includes the information designating the first transmission waiting period which is different for each communication apparatus.
3. The communication apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating a transmission waiting period which is different for each terminal.
12. The communication apparatus according to claim 9, wherein the frame includes the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
4. The communication apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating the transmission waiting period in accordance with a number of times of transmission of the terminal.
13. The communication apparatus according to claim 12, wherein the frame includes the information designating the first transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter first transmission waiting period than a communication apparatus whose number of times of transmission is larger.
5. The communication apparatus according to claim 4, wherein the circuity is configured to transmit the frame including the information designating the transmission waiting period such that a terminal whose number of times of transmission is smaller has a shorter transmission waiting period than a terminal whose number of times of transmission is larger.
14. The communication apparatus according to claim 12, wherein the frame includes the information designating a shorter first transmission waiting period for a communication apparatus which performs data retransmission than a first transmission waiting period of another communication apparatus.
6. The communication apparatus according to claim 4, wherein the circuitry is configured to transmit the frame including the information designating a shorter transmission waiting period for a terminal which performs data retransmission than a transmission waiting period of another terminal.
15. The communication apparatus according to claim 9, wherein the frame, in which an access category with higher priority is designated, includes the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated.
9. The communication apparatus according to claim 7, wherein, in the frame in which a category with higher priority is designated, the information designating a transmission waiting period shorter than a remaining period of a transmission waiting period set in a case where a category will lower priority is designated, is included.
16. A communication method executed in a communication apparatus comprising: setting, on a basis of information regarding a first transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a first transmission waiting period after uplink multi user transmission is finished, the information regarding the first transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); performing first uplink multi user transmission triggered by the access point apparatus based on back off; and performing, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished.
16. A communication method comprising: transmitting a frame in which information regarding a transmission waiting period of an own communication apparatus upon next frame transmission is included; and operating as an access point, and
However, Patent fails to disclose information regarding the first transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); performing first uplink multi user transmission triggered by the access point apparatus based on back off;
Kim disclose information regarding the first transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); performing first uplink multi user transmission triggered by the access point apparatus based on back off; (See 0118, In the EDCA scheme, the channel access may be conducted with eight user priorities defined for traffic data. For priority-based QoS data frame transmission, the EDCA defines four access categories (ACs: AC_BK (background), AC_BE (best effort), AC_VI (video) and AC_VO (voice)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify transmitting the second frame after a waiting period to include the configuration of the first transmission waiting period is based on the type of data.
The motivation to combine is a proper configuration of the EDCA parameter value including per-AC parameters may increase the transmission effect according to the priority of traffic while optimizing the network performance (See 0121).
However, Patent in view of Kim fails to disclose acquire, based on a second transmission waiting period, a second opportunity to trigger second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
Merlin discloses acquire, based on a second transmission waiting period, a second opportunity to trigger second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished. (20160198500-See 0076, MU-operating STAs may use a first value of the EDCA Access parameters during a first interval of time, and a second value of EDCA Access parameters during a second interval of time; The second interval of time may be the time after the expiration of the first interval;See 0077, the first value of the EDCA parameters the STA may use during the first interval of time may be different than the second value of EDCA parameters the STA may use during the second time interval. The first value may include a shorter TXOP limit, a longer CWmin, a longer CWmax, and a longer AIFSN than the second value; interpreted that the first backoff interval is longer than the second backoff interval)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving an uplink frame with EDCA request before setting the back-off period to include the EDCA parameters are transmitted for uplink transmission. The motivation to combine is Since the AP knows which STAs are being polled and will be contending for access to the medium, a deterministic backoff indication enforced by the AP in the polling/triggering frame may be used to reduce contention (See 0091).
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11832301. Although the claims at issue are not identical, they are not patentably distinct from each other because both instant application and patent discloses waiting periods for multiuser uplink transmission.
Instant application: 18905210
Patent No. 11832301
1. An access point apparatus comprising: circuitry configured to control to transmit a frame including information regarding a first transmission waiting period of a communication apparatus after uplink multi user transmission is finished, wherein the information regarding the first transmission waiting period of the communication apparatus includes information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), acquire, based on back off, a first opportunity to trigger first uplink multi user transmission, and acquire, based on a second transmission waiting period, a second opportunity to trigger second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
1. An access point apparatus comprising: circuitry configured to transmit a frame in which information of a category favorable for uplink multi user transmission and information regarding a transmission waiting period of a communication apparatus after the uplink multi user transmission is finished are included, and include, in the frame, the information regarding the transmission waiting period of the communication apparatus in accordance with the category, wherein the category includes AC_VO, AC_VI, AC_BE, or AC_BK, wherein the circuitry is configured to include, in the frame, the information regarding the transmission waiting period longer than another transmission waiting period in a case where the access point apparatus performs another uplink multi user transmission after the uplink multi user transmission is finished,period, another opportunity to trigger the other uplink multi user transmission.
2. The access point apparatus according to claim 1, wherein the information regarding the transmission waiting period includes information regarding a contention window.
2. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including information of an access category favorable for uplink multi user transmission.
1. to transmit a frame in which information of a category favorable for uplink multi user transmission and information regarding a transmission waiting period of a communication apparatus after the uplink multi user transmission is finished are included,
3. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period which is different for each communication apparatus.
3. The access point apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating a transmission waiting period which is different for each communication apparatus.
4. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
4. The access point apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating the transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
5. The access point apparatus according to claim 4, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter first transmission waiting period than a communication apparatus whose number of times of transmission is larger.
5. The access point apparatus according to claim 4, wherein the circuitry is configured to transmit the frame including the information designating the transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter transmission waiting period than a communication apparatus whose number of times of transmission is larger.
6. The access point apparatus according to claim 4, wherein the circuitry is configured to control to transmit the frame including the information designating a shorter first transmission waiting period for a communication apparatus which performs data retransmission than a first transmission waiting period of another communication apparatus.
6. The access point apparatus according to claim 4, wherein the circuitry is configured to transmit the frame including the information designating a shorter transmission waiting period for a communication apparatus which performs data retransmission than a transmission waiting period of another communication apparatus.
7. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame, in which an access category with higher priority is designated, including the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated.
7. The access point apparatus according to claim 1, wherein, in the frame in which a category with higher priority is designated, the information designating a transmission waiting period shorter than a remaining period of a transmission waiting period set in a case where a category with lower priority is designated, is included.
8. A communication method executed in an access point apparatus comprising: transmitting a frame including information regarding a first transmission waiting period of a communication apparatus after uplink multi user transmission is finished, wherein the information regarding the first transmission waiting period of the communication apparatus includes information regarding a contention window in accordance with each access category, and wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); acquiring, based on back off, a first opportunity to trigger first uplink multi user transmission; and acquiring, based on a second transmission waiting period, a second opportunity to trigger a second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
8. A communication method executed in an access point apparatus comprising: transmitting a frame
2. 2. The access point apparatus according to claim 1, wherein the information regarding the transmission waiting period includes information regarding a contention window.
9. A communication apparatus comprising: circuitry configured to set, on a basis of information regarding a transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a first transmission waiting period after uplink multi user transmission is finished, the information regarding the transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), control to perform first uplink multi user transmission triggered by the access point apparatus based on back off; and control to perform, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished.
9. A communication apparatus comprising: circuitry configured to set, on a basis of information regarding a transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a transmission waiting period after uplink multi user transmission is finished, the frameperform, in a case where another uplink multi user transmission is triggered by the access point apparatus based on another transmission waiting period, the other uplink multi user transmission,
10. The communication apparatus according to claim 9, wherein the frame includes information of an access category favorable for uplink multi user transmission.
1. to transmit a frame in which information of a category favorable for uplink multi user transmission and information regarding a transmission waiting period of a communication apparatus after the uplink multi user transmission is finished are included,
11. The communication apparatus according to claim 9, wherein the frame includes the information designating the first transmission waiting period which is different for each communication apparatus.
3. The access point apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating a transmission waiting period which is different for each communication apparatus.
12. The communication apparatus according to claim 9, wherein the frame includes the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
4. The access point apparatus according to claim 1, wherein the circuitry is configured to transmit the frame including the information designating the transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
13. The communication apparatus according to claim 12, wherein the frame includes the information designating the first transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter first transmission waiting period than a communication apparatus whose number of times of transmission is larger.
5. The access point apparatus according to claim 4, wherein the circuitry is configured to transmit the frame including the information designating the transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter transmission waiting period than a communication apparatus whose number of times of transmission is larger.
14. The communication apparatus according to claim 12, wherein the frame includes the information designating a shorter first transmission waiting period for a communication apparatus which performs data retransmission than a first transmission waiting period of another communication apparatus.
6. The access point apparatus according to claim 4, wherein the circuitry is configured to transmit the frame including the information designating a shorter transmission waiting period for a communication apparatus which performs data retransmission than a transmission waiting period of another communication apparatus.
15. The communication apparatus according to claim 9, wherein the frame, in which an access category with higher priority is designated, includes the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated.
7. The access point apparatus according to claim 1, wherein, in the frame in which a category with higher priority is designated, the information designating a transmission waiting period shorter than a remaining period of a transmission waiting period set in a case where a category with lower priority is designated, is included.
16. A communication method executed in a communication apparatus comprising: setting, on a basis of information regarding a first transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a first transmission waiting period after uplink multi user transmission is finished, the information regarding the first transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); performing first uplink multi user transmission triggered by the access point apparatus based on back off; and performing, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished.
10. A communication method executed in a communication apparatus comprising: setting, on a basis of information regarding a transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a transmission waiting period after uplink multi user transmission is finished, the frame
2. 2. The access point apparatus according to claim 1, wherein the information regarding the transmission waiting period includes information regarding a contention window.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 1210733. Although the claims at issue are not identical, they are not patentably distinct from each other because both instant application and patent discloses waiting periods for multiuser uplink transmissions.
Instant application: 18905210
Patent No. 1210733 B2
1. An access point apparatus comprising: circuitry configured to control to transmit a frame including information regarding a first transmission waiting period of a communication apparatus after uplink multi user transmission is finished, wherein the information regarding the first transmission waiting period of the communication apparatus includes information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), acquire, based on back off, a first opportunity to trigger first uplink multi user transmission, and acquire, based on a second transmission waiting period, a second opportunity to trigger second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
1. An access point apparatus comprising: communication circuitry including wireless
2. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including information of an access category favorable for uplink multi user transmission.
1. s configured to control to transmit the frame including information of an access category favorable for uplink multi user transmission.
3. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period which is different for each communication apparatus.
2. The access point apparatus according to claim 1, wherein the control circuitry is configured to control to transmit the frame including the information designating a transmission waiting period which is different for each communication apparatus.
4. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
3. The access point apparatus according to claim 1, wherein the control circuitry is configured to control to transmit the frame including the information designating the transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
5. The access point apparatus according to claim 4, wherein the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter first transmission waiting period than a communication apparatus whose number of times of transmission is larger.
4. The access point apparatus according to claim 3, wherein the control circuitry is configured to control to transmit the frame including the information designating the transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter transmission waiting period than a communication apparatus whose number of times of transmission is larger.
6. The access point apparatus according to claim 4, wherein the circuitry is configured to control to transmit the frame including the information designating a shorter first transmission waiting period for a communication apparatus which performs data retransmission than a first transmission waiting period of another communication apparatus.
5. The access point apparatus according to claim 3, wherein the control circuitry is configured to control to transmit the frame including the information designating a shorter transmission waiting period for a communication apparatus which performs data retransmission than a transmission waiting period of another communication apparatus.
7. The access point apparatus according to claim 1, wherein the circuitry is configured to control to transmit the frame, in which an access category with higher priority is designated, including the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated.
6. The access point apparatus according to claim 1, wherein, in the frame in which a category with higher priority is designated, the information designating a transmission waiting period shorter than a remaining period of a transmission waiting period set in a case where a category with lower priority is designated, is included.
8. A communication method executed in an access point apparatus comprising: transmitting a frame including information regarding a first transmission waiting period of a communication apparatus after uplink multi user transmission is finished, wherein the information regarding the first transmission waiting period of the communication apparatus includes information regarding a contention window in accordance with each access category, and wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); acquiring, based on back off, a first opportunity to trigger first uplink multi user transmission; and acquiring, based on a second transmission waiting period, a second opportunity to trigger a second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
7. A communication apparatus comprising: communication circuitry including
9. A communication apparatus comprising: circuitry configured to set, on a basis of information regarding a transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a first transmission waiting period after uplink multi user transmission is finished, the information regarding the transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), control to perform first uplink multi user transmission triggered by the access point apparatus based on back off; and control to perform, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished.
7. A communication apparatus comprising: cuser transmission is finished, the frame including
10. The communication apparatus according to claim 9, wherein the frame includes information of an access category favorable for uplink multi user transmission.
7. the frame includes information of an access category favorable for uplink multi user transmission.
11. The communication apparatus according to claim 9, wherein the frame includes the information designating the first transmission waiting period which is different for each communication apparatus.
8. The communication apparatus according to claim 7, wherein the control circuitry is configured to control to receive, using the communication circuitry, the frame including the information designating a transmission waiting period which is different for each communication apparatus.
12. The communication apparatus according to claim 9, wherein the frame includes the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
9. The communication apparatus according to claim 7, wherein the control circuitry is configured to control to receive, using the communication circuitry, the frame including the information designating the transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
13. The communication apparatus according to claim 12, wherein the frame includes the information designating the first transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter first transmission waiting period than a communication apparatus whose number of times of transmission is larger.
10. The communication apparatus according to claim 9, wherein the control circuitry is configured to control to receive the frame including the information designating the transmission waiting period such that a communication apparatus whose number of times of transmission is smaller has a shorter transmission waiting period than a communication apparatus whose number of times of transmission is larger.
14. The communication apparatus according to claim 12, wherein the frame includes the information designating a shorter first transmission waiting period for a communication apparatus which performs data retransmission than a first transmission waiting period of another communication apparatus.
11. The communication apparatus according to claim 9, wherein the control circuitry is configured to control to receive the frame including the information designating a shorter transmission waiting period for a communication apparatus which performs data retransmission than a transmission waiting period of another communication apparatus.
15. The communication apparatus according to claim 9, wherein the frame, in which an access category with higher priority is designated, includes the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated.
12. The communication apparatus according to claim 7, wherein, in the frame in which a category with higher priority is designated, the information designating a transmission waiting period shorter than a remaining period of a transmission waiting period set in a case where a category with lower priority is designated, is included.
16. A communication method executed in a communication apparatus comprising: setting, on a basis of information regarding a first transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a first transmission waiting period after uplink multi user transmission is finished, the information regarding the first transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background); performing first uplink multi user transmission triggered by the access point apparatus based on back off; and performing, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished.
7. A communication triggered by the access point apparatus based on another transmission waiting period, wherein the information regarding the transmission waiting period includes information regarding a contention window, wherein the category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), and wherein the transmission waiting period is longer than the another transmission waiting period in a case where the another uplink multi user transmission is performed after the uplink multiuser transmission is finished.
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) 1-2, 8-10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (Pub. No. US 2016/0165637 A1; hereinafter Kim) in view of Merlin et al. (Pub. No. US 2016/0198500 A1; hereinafter Merlin).
Regarding claims 1 and 8, Kim discloses an access point apparatus comprising: circuitry configured to control to transmit a frame including information regarding a first transmission waiting period of a communication apparatus after uplink multi user transmission is finished, (20160165637-See 0206, he STA may transmit the uplink frame 1920 with an EDCA request element being included. The EDCA request element may be an indicator for requesting the EDCA parameter set determination information to the AP. If the AP receives the uplink frame 1920 that includes the EDCA request element, the AP may transmit a response (e.g., an ACK frame; 1950) in response to the uplink frame 1920 that includes the EDCA parameter set determination information); See 0120, The EDCA may use AIFS[AC], CWmin[AC], and CWmax[AC] instead of DIFS, CWmin, and CWmax, respectively, which are parameters used in the DCF in the backoff procedure for transmitting the frames belonging to the AC.) the information regarding the first transmission waiting period of the communication apparatus includes information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), acquire, based on back off, a first opportunity to trigger first uplink multi user transmission, (See 0118, In the EDCA scheme, the channel access may be conducted with eight user priorities defined for traffic data. For priority-based QoS data frame transmission, the EDCA defines four access categories (ACs: AC_BK (background), AC_BE (best effort), AC_VI (video) and AC_VO (voice)).
However, Kim fails to disclose acquire, based on back off, a first opportunity to trigger first uplink multi user transmission; acquire, based on a second transmission waiting period, a second opportunity to trigger second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished.
Merlin discloses acquire, based on back off, a first opportunity to trigger first uplink multi user transmission; (See 0076, MU-operating STAs may use a first value of the EDCA Access parameters during a first interval of time; he first interval of time may be a time of duration T after the STA sent a request for an UL TXOP to the AP. The request may be sent using an RTX frame or indicated in an UL Data PPDU from the STA) acquire, based on a second transmission waiting period, a second opportunity to trigger second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the access point apparatus performs the second uplink multi user transmission after the first uplink multi user transmission is finished. (20160198500-See 0076, MU-operating STAs may use a first value of the EDCA Access parameters during a first interval of time, and a second value of EDCA Access parameters during a second interval of time; The second interval of time may be the time after the expiration of the first interval;See 0077, the first value of the EDCA parameters the STA may use during the first interval of time may be different than the second value of EDCA parameters the STA may use during the second time interval. The first value may include a shorter TXOP limit, a longer CWmin, a longer CWmax, and a longer AIFSN than the second value; interpreted that the first backoff interval is longer than the second backoff interval)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving a uplink frame with EDCA request before setting the back-off period to include the EDCA parameters are transmitted for uplink transmission. The motivation to combine is Since the AP knows which STAs are being polled and will be contending for access to the medium, a deterministic backoff indication enforced by the AP in the polling/triggering frame may be used to reduce contention (See 0091).
Regarding claims 2 and 10, Kim discloses the circuitry is configured to control to transmit the frame including information of an access category favorable for uplink multi user transmission. (See 0118, In the EDCA scheme, the channel access may be conducted with eight user priorities defined for traffic data. For priority-based QoS data frame transmission, the EDCA defines four access categories (ACs: AC_BK (background), AC_BE (best effort), AC_VI (video) and AC_VO (voice)).
Regarding claims 9 and 16, Kim discloses a communication apparatus comprising: circuitry configured to set, on a basis of information regarding a transmission waiting period of the communication apparatus included in a frame received from an access point apparatus, a first transmission waiting period after uplink multi user transmission is finished, (20160165637-See 0206, he STA may transmit the uplink frame 1920 with an EDCA request element being included. The EDCA request element may be an indicator for requesting the EDCA parameter set determination information to the AP. If the AP receives the uplink frame 1920 that includes the EDCA request element, the AP may transmit a response (e.g., an ACK frame; 1950) in response to the uplink frame 1920 that includes the EDCA parameter set determination information); See 0120, The EDCA may use AIFS[AC], CWmin[AC], and CWmax[AC] instead of DIFS, CWmin, and CWmax, respectively, which are parameters used in the DCF in the backoff procedure for transmitting the frames belonging to the AC.) the information regarding the transmission waiting period of the communication apparatus including information regarding a contention window in accordance with each access category, wherein each access category includes AC_VO (Voice), AC_VI (Video), AC_BE (Best Effort), or AC_BK (Background), control to perform first uplink multi user transmission triggered by the access point apparatus based on back off; , (See 0118, In the EDCA scheme, the channel access may be conducted with eight user priorities defined for traffic data. For priority-based QoS data frame transmission, the EDCA defines four access categories (ACs: AC_BK (background), AC_BE (best effort), AC_VI (video) and AC_VO (voice)).
However, Kim fails to disclose control to perform, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished.
Merlin discloses control to perform, in a case where second uplink multi user transmission is triggered by the access point apparatus based on a second transmission waiting period, the second uplink multi user transmission, wherein the first transmission waiting period is longer than the second transmission waiting period in a case where the second uplink multi user transmission is performed after the first uplink multi user transmission is finished. (20160198500-See 0076, MU-operating STAs may use a first value of the EDCA Access parameters during a first interval of time, and a second value of EDCA Access parameters during a second interval of time; The second interval of time may be the time after the expiration of the first interval;See 0077, the first value of the EDCA parameters the STA may use during the first interval of time may be different than the second value of EDCA parameters the STA may use during the second time interval. The first value may include a shorter TXOP limit, a longer CWmin, a longer CWmax, and a longer AIFSN than the second value; interpreted that the first backoff interval is longer than the second backoff interval)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving a uplink frame with EDCA request before setting the back-off period to include the EDCA parameters are transmitted for uplink transmission. The motivation to combine is Since the AP knows which STAs are being polled and will be contending for access to the medium, a deterministic backoff indication enforced by the AP in the polling/triggering frame may be used to reduce contention (See 0091).
Claim(s) 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Merlin, and further in view of Wu et al. (Pub. No. US 2011/0176627 A1; hereinafter Wu).
Regarding claims 3 and 11, Kim in view of Merlin fails to disclose the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period which is different for each communication apparatus.
Wu discloses the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period which is different for each communication apparatus. (See ¶0008, he AP arranges the schedule (time slots), frequency and antenna to transmit data to different stations, i.e. still only one station can link with the AP at one time slot and 0026, AP transmits a multi-user RTS (MU-RTS) and a control frame (CF) to the stations STA1, STA2, wherein the MU-RTS contains addresses for the stations STA1, STA2 in a scheduling list generated by the scheduling process and the CF indicates respective time slots for each station to respond a CTS)
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the method and system disclosed by Merlin in view of Liu to include
the each terminal has a different waiting period. The motivation to combine is efficiently have an
interference free link between the station and AP (see ¶0008).
Claim(s) 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Merlin, and further in view of Huang et al. (Pub. No. US 2017/0127447 A1; hereinafter Huang)
Regarding claims 4 and 12, Kim in view of Merlin fails to disclose the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus.
Huang discloses the circuitry is configured to control to transmit the frame including the information designating the first transmission waiting period in accordance with a number of times of transmission of the communication apparatus. (See ¶0062, starting CW size for the NDL during the current time block may be determined at least partly based on a determined number of data transmissions during one or more previous time blocks)
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the method and system disclosed by Merlin in view of Kwon to include the waiting period is determined by the number of transmission. The motivation to combine is a CW based access may be performed in accordance with a carrier sense multiple access in order to avoid
interference (See ¶0056).
Claim(s) 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Merlin, and further in view of view of Seok (Pub. No. US 2014/0177616 A1).
Regarding claims 7 and 15, Kim in view of Merlin fails to disclose the circuitry is configured to control to transmit the frame, in which an access category with higher priority is designated, including the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated.
Seok discloses the circuitry is configured to control to transmit the frame, in which an access category with higher priority is designated, including the information designating a first transmission waiting period shorter than a remaining period of a first transmission waiting period set in a case where an access category with lower priority is designated. (See ¶0068, target indication message 500 may further include a priority rank field 540. The priority rank field may include information for designating an order when respective target STAs exchange a transmission request message/transmission response message with an AP; hat is, an STA having a priority rank of 0 may set its backoff timer to 0 and an STA having a priority rank of 4 may set its backoff timer to 4, and then an order of exchanging the transmission request message/transmission response message may be determined between the STAs; interpreted that high priority has a short period than lower priority)
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the method and system disclosed by Merlin in view of Kwon to include
receiving back-off timer based on priority category. The motivation to combine is STAs having a low
channel correlation between the AP and the respective STAs participating in transmission may be
grouped for the effective use when participating in transmission (See ¶0027).
Allowable Subject Matter
Claims 5-6 and 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims and a terminal disclaimer has been submitted.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Anh et al. (Pub. No. US 2022/0109637 A1)-See 0080, STAs receive the trigger frame 310 transmitted by the AP and transmit uplink multi-user data 320, that is, the uplink multi-user PLCP protocol data unit (UL MU PPPU) in response thereto. The uplink multi-user data 320 may be transmitted in a form including at least one of OFDMA and MU-MIMO. When the transmission of the uplink multi-user data 320 is successful, the AP transmits an M-BA 330 in response thereto. The M-BA 330 includes ACK information for STAs that have succeeded in transmitting the uplink multi-user data 320. In the embodiment of FIG. 8, STA1, STA2, and STA3 succeed in uplink data transmission in response to the trigger frame 310, and the AP transmits ACK information for STA1, STA2, and STA3 via the M-BA 330.
Nezou et al. (Pub. No. US 2018/0199375 A1)-See 0249, In some embodiments involving the determination of RU backoff parameters as defined above: [0250] the one or more queue backoff parameters used to determine the one or more RU backoff parameters are parameters of queue backoff engines associated with a traffic queue storing data to transmit. In other words, only the parameters of active EDCA traffics are taken into account. The contention-based RU access thus advantageously reflects the traffic prioritization of the data that are currently available for transmission; and/or [0251] the one or more RU backoff parameters include a size of a contention window range from which the RU backoff value is computed. This is usually the value CWO defining the contention window range [0, CWO] from which the backoff value is randomly selected. As a consequence, initialization of the RU backoff parameters for random RU contention depends on the EDCA traffics.
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/Tejis Daya/Primary Examiner, Art Unit 2472
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