CTNF 18/905,554 CTNF 68947 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 08-33 AIA 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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12137015 or claims 1-32 of Patent number 11632277. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1-20 of U.S. Patent No. 12137015 or claims 1-32 of Patent number 11632277 discloses : method for wireless communication by a wireless communication device of a wireless local area network, comprising: generating a multi-generation physical layer protocol data unit (PPDU) that comprises a first generation-specific preamble formatted based at least in part on a first generation of a wireless communication specification and a second generation-specific preamble formatted based at least in part on a second generation of the wireless communication specification, wherein at least the first generation-specific preamble or the second generation- specific preamble is modified based at least in part on an aggregate bandwidth of the multi- generation PPDU; and transmitting the multi-generation PPDU via a wireless channel, wherein a first subchannel of the wireless channel comprises the first generation-specific preamble of the multi- generation PPDU and a second subchannel of the wireless channel comprises the second generation-specific preamble of the multi-generation PPDU; wherein the multi- generation PPDU comprises: a first generation-specific PPDU that comprises the first generation-specific preamble, and a second generation-specific PPDU that comprises the second generation-specific preamble; wherein: the first generation-specific PPDU comprises a first data field that is comprised by the first subchannel, and the second generation-specific PPDU comprises a second data field that is comprised by the second subchannel; wherein: the first data field of the first generation-specific PPDU extends for a first duration, the second data field of the second generation-specific PPDU extends for a second duration that is longer than the first duration, and the first generation-specific PPDU comprises a first padding field, wherein an end of the first generation-specific PPDU aligns with an end of the second generation-specific PPDU that comprises the second generation-specific preamble based at least in part on the first padding field; wherein: the first data field of the first generation-specific PPDU uses a first tone plan in accordance with the first generation of the wireless communication specification, and the second data field of the second generation-specific PPDU uses a second tone plan in accordance with the second generation of the wireless communication specification; wherein: the first generation-specific PPDU comprises a first legacy preamble, wherein the first subchannel comprises the first legacy preamble, and the second generation-specific PPDU comprises a second legacy preamble, wherein the second subchannel comprises the second legacy preamble; wherein: the first generation-specific preamble comprises a first phase rotation, and the second generation-specific preamble comprises a second phase rotation; wherein: the first generation-specific PPDU comprises one or more first generation-specific training fields that follows the first generation-specific preamble, wherein the first subchannel comprises the one or more first generation-specific training fields, and the second generation-specific PPDU comprises one or more second generation- specific training fields that follows the second generation-specific preamble, wherein the second subchannel comprises the one or more second generation-specific training fields; wherein: the first generation-specific PPDU comprises a first legacy preamble, wherein the first subchannel comprises the first legacy preamble, and wherein the first legacy preamble; comprises a length field, the length field having a first length in accordance with the first generation of the wireless communication specification, and the second generation-specific PPDU comprises a second legacy preamble, wherein the second subchannel comprises the second legacy preamble, and wherein the second legacy preamble comprises the length field, the length field having a second length in accordance with the second generation of the wireless communication specification; further comprising: generating a first generation-specific PPDU that comprises the first generation- specific preamble and a first data field, wherein the first subchannel comprises the first data field; and generating a second generation-specific PPDU that comprises the second generation-specific preamble and a second data field, wherein the second subchannel comprises the second data field, wherein generating the multi-generation PPDU comprises aggregating the first generation-specific PPDU and the second generation-specific PPDU; wherein the multi- generation PPDU comprises: a data field common to the first generation-specific preamble and the second generation-specific preamble, wherein the first subchannel and the second subchannel comprise respective portions of the data field; wherein: the multi-generation PPDU spans a bandwidth, a primary channel of the bandwidth comprises the first generation-specific preamble, and a secondary channel of the bandwidth comprises the second generation-specific preamble; wherein: the first generation-specific preamble indicates the primary channel of the bandwidth, and the second generation-specific preamble indicates the bandwidth; wherein: the first generation-specific preamble indicates the primary channel of the bandwidth, and the second generation-specific preamble indicates the secondary channel of the bandwidth; and wireless communication device, comprising: one or more processors; one or more memories coupled with the one or more processors; and one or more processor-readable instructions stored in the one or more memories and executable by the one or more processors individually or collectively to cause the wireless communication device to: generate a multi-generation physical layer protocol data unit (PPDU) that comprises a first generation-specific preamble formatted based at least in part on a first generation of a wireless communication specification and a second generation-specific preamble formatted based at least in part on a second generation of the wireless communication specification, wherein at least the first generation-specific preamble or the second generation-specific preamble is modified based at least in part on an aggregate bandwidth of the multi-generation PPDU; and transmit the multi-generation PPDU via a wireless channel, wherein a first subchannel of the wireless channel comprises the first generation-specific preamble of the multi-generation PPDU and a second subchannel of the wireless channel comprises the second generation-specific preamble of the multi-generation PPDU; a non-transitory, computer-readable medium storing code for wireless communication in a wireless local area network, the code comprising instructions executable by one or more processors to: generate a multi-generation physical layer protocol data unit (PPDU) that comprises a first generation-specific preamble formatted based at least in part on a first generation of a wireless communication specification and a second generation-specific preamble formatted based at least in part on a second generation of the wireless communication specification, wherein at least the first generation-specific preamble or the second generation- specific preamble is modified based at least in part on an aggregate bandwidth of the multi- generation PPDU; and transmit the multi-generation PPDU via a wireless channel, wherein a first subchannel of the wireless channel comprises the first generation-specific preamble of the multi- generation PPDU and a second subchannel of the wireless channel comprises the second generation-specific preamble of the multi-generation PPDU; and a method for wireless communication by an apparatus of a wireless local area network (WLAN), comprising: generating a first generation-specific preamble formatted according to a first generation of a wireless communication specification based on a first bandwidth of a first subchannel of a wireless channel; generating a second generation-specific preamble formatted according to a second generation of the wireless communication specification based on a second bandwidth of a second subchannel of the wireless channel; generating a multi-generation physical layer protocol data unit (PPDU) that concurrently includes the first generation-specific preamble in the first subchannel and the second generation-specific preamble in the second subchannel; modifying at least the first generation-specific preamble or the second generation- specific preamble based on an aggregate bandwidth of the multi-generation PPDU; and transmitting the multi-generation PPDU via the wireless channel. An apparatus for wireless communication via a wireless local area network (WLAN), comprising: at least one processor configured to: generate a first generation-specific preamble formatted according to a first generation of a wireless communication specification based on a first bandwidth of a first generate a second generation-specific preamble formatted according to a second generation of the wireless communication specification based on a second bandwidth of a second subchannel of the wireless channel; generate a multi-generation physical layer protocol data unit (PPDU) that concurrently includes the first generation-specific preamble in the first subchannel and the second generation-specific preamble in the second subchannel; and modify at least the first generation-specific preamble or the second generation-specific preamble based on an aggregate bandwidth of the multi-generation PPDU; and at least one modem configured to output the multi-generation PPDU for transmission via the wireless channel. The following is mapping between the instant claims 21-40 and the claims 1-20 of U.S. Patent No. 12137015 or claims 1-32 of Patent number 11632277: The claims 21-40 disclose a method for wireless communication by a wireless communication device of a wireless local area network, comprising: generating an aggregated physical layer protocol data unit (PPDU) that comprises a first preamble, a second preamble, a first data field, and a second data field; and transmitting the aggregated PPDU via a wireless channel, wherein a first subchannel of the wireless channel comprises the first preamble and the first data field of the aggregated PPDU, and wherein a second subchannel of the wireless channel comprises the second preamble and the second data field of the aggregated PPDU ( See a method for wireless communication by a wireless communication device of a wireless local area network, comprising: generating a multi-generation physical layer protocol data unit (PPDU) that comprises a first generation-specific preamble formatted based at least in part on a first generation of a wireless communication specification and a second generation-specific preamble formatted based at least in part on a second generation of the wireless communication specification, wherein at least the first generation-specific preamble or the second generation- specific preamble is modified based at least in part on an aggregate bandwidth of the multi- generation PPDU; and transmitting the multi-generation PPDU via a wireless channel, wherein a first subchannel of the wireless channel comprises the first generation-specific preamble of the multi- generation PPDU and a second subchannel of the wireless channel comprises the second generation-specific preamble of the multi-generation PPDU). A pplicant's claims 21-40 broaden the scope of the claims 1-20 of U.S. Patent No. 12137015 or claims 1-32 of Patent number 11632277 by eliminating “ a first generation-specific preamble formatted based at least in part on a first generation of a wireless communication specification and a second generation-specific preamble formatted based at least in part on a second generation of the wireless communication specification” . It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not need would be obvious to one skilled in the art. This is a non-provisional statutory double patenting rejection because the patentably indistinct claims have in fact been patented. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 21,23, 24, 28,29,35 is under 35 U.S.C. 102(a1) as being anticipated by Rui Cao ( Aggregated PPDU for larger BW). For independent claim 21, Rui Cao ( Aggregated PPDU for larger BW) discloses A method for wireless communication by a wireless communication device of a wireless local area network, comprising: generating an aggregated physical layer protocol data unit (PPDU) ( See page 5, HE preamble) that comprises a first preamble, a second preamble, a first data field, and a second data field; and transmitting the aggregated PPDU via a wireless channel, wherein a first subchannel of the wireless channel comprises the first preamble and the first data field of the aggregated PPDU( See page 5, HE preamble), and wherein a second subchannel of the wireless channel comprises the second preamble and the second data field of the aggregated PPDU( See page 5, HE preamble). For dependent claims 23, 24, 28,29, and 35, Rui Cao also discloses wherein: the first preamble indicates a bandwidth of the first subchannel, and the second preamble indicates a bandwidth of the second subchannel ( See page 5, HE preamble); wherein the aggregated PPDU comprises: a first PPDU that comprises the first preamble and the first data field, and a second PPDU that comprises the second preamble and the second data field ( See page 5, HE preamble); further comprising: generating a first PPDU that comprises the first preamble and the first data field; and generating a second PPDU that comprises the second preamble and the second data field, wherein generating the aggregated PPDU comprises aggregating the first PPDU and the second PPDU ( See page 5, HE preamble); wherein: the aggregated PPDU spans a bandwidth comprising: a primary channel that spans a first portion of the bandwidth and comprises the first preamble, and a secondary channel that spans a second portion of the bandwidth comprises the second preamble ( See page 5, HE preamble); and wherein at least the first preamble or the second preamble is modified based at least in part on an aggregate bandwidth of the aggregated PPDU ( See page 5, HE preamble) . 07-23-aia AIA 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 36-40 are rejected under 35 U.S.C. 103 as being unpatentable over Rui Cao in view of Nam (20160157218) . For claims 36-40 , Rui Cao discloses all the subject matter of the claimed invention with the exception of memory, processor and a non-transitory computer readable medium having executable codes in a communications network. Nam et al. from the same or similar fields of endeavor teaches a provision of the memory, processor and a non-transitory computer readable medium having executable codes ( See paragraphs 0014 and 0052). Thus, it would have been obvious to the person of ordinary skill in the art at the time of the invention to use memory, processor and a non-transitory computer readable medium having executable codes as taught by Nam et al. in the communication network of Rui Cao for the purpose of storing codes in the memory to execute the process by the processor . 07-20-aia AIA 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. 07-21-aia AIA Claim s 22,25,31,32,33, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Rui Cao in view of Jeon et al. (2019/0253986) . For claims 22,25,31,32,33, and 34, Rui Cao discloses all the subject matter of the claimed invention with the exception of wherein: the first preamble is based at least in part on a first phase rotation, and the second preamble is based at least in part on a second phase rotation; wherein: the first data field of the first PPDU has a first duration, the second data field of the second PPDU has a second duration that is longer than the first duration, and the first PPDU comprises a first padding field, wherein an end of the first PPDU aligns with an end of the second PPDU based at least in part on the first padding field; wherein: the first preamble indicates a size of the first portion of the bandwidth, and the second preamble indicates a size of the bandwidth; wherein: the first preamble indicates a size of the bandwidth, and the second preamble indicates the size of the bandwidth;, wherein: the first preamble comprises a length field, the length field having a first length, and the second preamble comprises the length field, the length field having a second length that is different than the first length; and wherein at least the first preamble or the second preamble is modified based at least in part on an aggregate bandwidth of the aggregated PPDU in a communication network. Jeon et al. (2019/0253986) from the same or similar fields of endeavor teaches a provision of wherein: the first preamble is based at least in part on a first phase rotation, and the second preamble is based at least in part on a second phase rotation; wherein: the first data field of the first PPDU has a first duration, the second data field of the second PPDU has a second duration that is longer than the first duration, and the first PPDU comprises a first padding field( See paragraphs 212 lines 1-10,0324 lines 1-20 and 0327 lines 1-7), wherein an end of the first PPDU aligns with an end of the second PPDU based at least in part on the first padding field; wherein: the first preamble indicates a size of the first portion of the bandwidth, and the second preamble indicates a size of the bandwidth( See paragraphs 212 lines 1-10,0324 lines 1-20 and 0327 lines 1-7); wherein: the first preamble indicates a size of the bandwidth, and the second preamble indicates the size of the bandwidth( See paragraphs 212 lines 1-10,0324 lines 1-20 and 0327 lines 1-7); wherein: the first preamble comprises a length field, the length field having a first length, and the second preamble comprises the length field, the length field having a second length that is different than the first length; and wherein at least the first preamble or the second preamble is modified based at least in part on an aggregate bandwidth of the aggregated PPDU in a communication network ( See paragraphs 212 lines 1-10,0324 lines 1-20 and 0327 lines 1-7). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use wherein: the first preamble is based at least in part on a first phase rotation, and the second preamble is based at least in part on a second phase rotation; wherein: the first data field of the first PPDU has a first duration, the second data field of the second PPDU has a second duration that is longer than the first duration, and the first PPDU comprises a first padding field, wherein an end of the first PPDU aligns with an end of the second PPDU based at least in part on the first padding field; wherein: the first preamble indicates a size of the first portion of the bandwidth, and the second preamble indicates a size of the bandwidth; wherein: the first preamble indicates a size of the bandwidth, and the second preamble indicates the size of the bandwidth;, wherein: the first preamble comprises a length field, the length field having a first length, and the second preamble comprises the length field, the length field having a second length that is different than the first length; and wherein at least the first preamble or the second preamble is modified based at least in part on an aggregate bandwidth of the aggregated PPDU in a communication network as taught by Jeon et al. in a communications network of Rui Cao for the purpose of at least the first preamble or the second preamble is modified based at least in part on an aggregate bandwidth of the aggregated PPDU in a communication network . 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hemmady et al. (4,958,341) is cited to show a system which is considered pertinent to the claimed invention.. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272-3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476 Application/Control Number: 18/905,554 Page 2 Art Unit: 2476 Application/Control Number: 18/905,554 Page 3 Art Unit: 2476 Application/Control Number: 18/905,554 Page 4 Art Unit: 2476 Application/Control Number: 18/905,554 Page 5 Art Unit: 2476 Application/Control Number: 18/905,554 Page 6 Art Unit: 2476 Application/Control Number: 18/905,554 Page 7 Art Unit: 2476 Application/Control Number: 18/905,554 Page 8 Art Unit: 2476 Application/Control Number: 18/905,554 Page 9 Art Unit: 2476 Application/Control Number: 18/905,554 Page 10 Art Unit: 2476 Application/Control Number: 18/905,554 Page 11 Art Unit: 2476 Application/Control Number: 18/905,554 Page 12 Art Unit: 2476 Application/Control Number: 18/905,554 Page 13 Art Unit: 2476 Application/Control Number: 18/905,554 Page 14 Art Unit: 2476 Application/Control Number: 18/905,554 Page 15 Art Unit: 2476 Application/Control Number: 18/905,554 Page 16 Art Unit: 2476
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