DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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. 15854662, filed on 26 December 2017.
Information Disclosure Statement
The information disclosure statements (IDSs), submitted on 11 October 2024, 11 February 2025, 12 June 2025, 23 June 2025, and 24 April 2026, were filed after the mailing date of the patent application on 11 October 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings, received on 11 October 2024, are acceptable for examination.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 15-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 10313077 (hereinafter referred to as “the ‘077 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claim 15, Claim 1 of the ‘077 Patent discloses a wireless communication terminal that communicates wirelessly, the wireless communication terminal comprising:
a transceiver (Claim 1 of the ‘077 Patent discloses a transceiver); and
a processor (Claim 1 of the ‘077 Patent discloses a processor),
wherein the processor is configured to:
receive a non-legacy physical layer frame by using the transceiver (Claim 1 of the ‘077 Patent discloses receive a non-legacy physical layer frame by using the transceiver),
obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame (Claim 1 of the ‘077 Patent discloses receiving a non-legacy physical layer frame by using the transceiver, obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame),
obtain length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field (Claim 1 of the ‘077 Patent discloses obtaining length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field),
determine a format of the non-legacy physical layer frame based on a modulation method of a third symbol after the legacy signaling field (Claim 1 of the ‘077 Patent discloses the information other than information on the duration of the non-legacy physical layer frame indicates a format of a non-legacy signaling field included in the non-legacy physical layer frame) and a remaining value obtained by dividing the length information by a data size transmittable by one symbol of a legacy physical layer frame (Claim 1 of the ‘077 Patent discloses a remaining value obtained by dividing the length information by a data size transmittable by a symbol of a legacy physical layer frame), wherein the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK) (Claim 1 of the ‘077 Patent discloses the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK));
determine a number of symbols of data of the non-legacy physical layer frame according to a following equation when the remaining value is non-zero,
N
S
Y
M
=
L
L
E
N
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m
+
3
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(Claim 1 of the ‘077 Patent discloses determining the number of symbols of data of the non-legacy physical layer frame according to a following equation
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S
Y
M
=
L
L
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N
G
T
H
+
m
+
3
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-
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_
D
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s
a
m
b
i
b
u
i
t
y
)
where
x
denotes a largest integer less than or equal to x (Claim 1 of the ‘077 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 1 of the ‘077 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘077 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘077 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
bPE_Disambiguity denotes a value of PE Disambiguity field (Claim 1 of the ‘077 Patent discloses bPE_Disambiguity denotes a value of PE Disambiguity field),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 1 of the ‘077 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 1 of the ‘077 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame),
wherein the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame (Claim 1 of the ‘077 Patent discloses the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame).
Regarding Claim 16, Claim 1 of the ‘077 Patent discloses the wireless communication terminal of claim 15.
Claim 2 of the ‘077 Patent further discloses wherein the processor is configured to obtain a duration of a packet extension which is a padding of the non-legacy physical layer frame, according to a following equation,
T
P
E
=
L
L
E
N
G
T
H
+
m
+
3
D
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z
e
×
4
-
T
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P
R
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A
M
B
L
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-
N
S
Y
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×
T
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M
4
×
4
where
x
denotes a largest integer less than or equal to x (Claim 2 of the ‘077 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 2 of the ‘077 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘077 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘077 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 2 of the ‘077 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 2 of the ‘421 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame).
Regarding Claim 17, Claim 1 and Claim 2 of the ‘421 Patent discloses the wireless communication terminal of claim 15.
Claim 1 of the ‘077 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps (Claim 1 of the ‘077 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps).
Regarding Claim 18, Claim 1 and Claim 2 of the ‘077 Patent discloses the wireless communication terminal of claim 15.
Claim 4 of the ‘077 Patent further discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame (Claim 4 of the ‘077 Patent discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame).
Regarding Claim 19, Claim 19 is rejected on the same basis as Claim 15.
Regarding Claim 20, Claim 20 is rejected on the same basis as Claim 16.
Regarding Claim 21, Claim 21 is rejected on the same basis as Claim 17.
Regarding Claim 22, Claim 22 is rejected on the same basis as Claim 18.
Claims 15-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 10,651,992 (hereinafter referred to as “the ‘992 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claim 15, Claim 1 of the ‘992 Patent discloses a wireless communication terminal that communicates wirelessly, the wireless communication terminal comprising:
a transceiver (Claim 1 of the ‘992 Patent discloses a transceiver); and
a processor (Claim 1 of the ‘992 Patent discloses a processor),
wherein the processor is configured to:
receive a non-legacy physical layer frame by using the transceiver (Claim 1 of the ‘992 Patent discloses receive a non-legacy physical layer frame by using the transceiver),
obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame (Claim 1 of the ‘992 Patent discloses receiving a non-legacy physical layer frame by using the transceiver, obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame),
obtain length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field (Claim 1 of the ‘992 Patent discloses obtaining length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field),
determine a format of the non-legacy physical layer frame based on a modulation method of a third symbol after the legacy signaling field (Claim 1 of the ‘992 Patent discloses the information other than information on the duration of the non-legacy physical layer frame indicates a format of a non-legacy signaling field included in the non-legacy physical layer frame) and a remaining value obtained by dividing the length information by a data size transmittable by one symbol of a legacy physical layer frame (Claim 1 of the ‘992 Patent discloses a remaining value obtained by dividing the length information by a data size transmittable by a symbol of a legacy physical layer frame), wherein the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK) (Claim 1 of the ‘992 Patent discloses the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK));
determine a number of symbols of data of the non-legacy physical layer frame according to a following equation when the remaining value is non-zero,
N
S
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=
L
L
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N
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m
+
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(Claim 1 of the ‘992 Patent discloses determining the number of symbols of data of the non-legacy physical layer frame according to a following equation
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=
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)
where
x
denotes a largest integer less than or equal to x (Claim 1 of the ‘992 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 1 of the ‘992 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘992 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘992 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
bPE_Disambiguity denotes a value of PE Disambiguity field (Claim 1 of the ‘992 Patent discloses bPE_Disambiguity denotes a value of PE Disambiguity field),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 1 of the ‘992 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 1 of the ‘992 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame),
wherein the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame (Claim 1 of the ‘992 Patent discloses the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame).
Regarding Claim 16, Claim 1 of the ‘992 Patent discloses the wireless communication terminal of claim 15.
Claim 2 of the ‘992 Patent further discloses wherein the processor is configured to obtain a duration of a packet extension which is a padding of the non-legacy physical layer frame, according to a following equation,
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P
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=
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N
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T
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+
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+
3
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×
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4
×
4
where
x
denotes a largest integer less than or equal to x (Claim 2 of the ‘992 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 2 of the ‘992 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘992 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘992 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 2 of the ‘992 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 2 of the ‘992 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame).
Regarding Claim 17, Claim 1 and Claim 2 of the ‘992 Patent discloses the wireless communication terminal of claim 15.
Claim 1 of the ‘992 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps (Claim 1 of the ‘992 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps).
Regarding Claim 18, Claim 1 and Claim 2 of the ‘992 Patent discloses the wireless communication terminal of claim 15.
Claim 4 of the ‘992 Patent further discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame (Claim 4 of the ‘992 Patent discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame).
Regarding Claim 19, Claim 19 is rejected on the same basis as Claim 15.
Regarding Claim 20, Claim 20 is rejected on the same basis as Claim 16.
Regarding Claim 21, Claim 21 is rejected on the same basis as Claim 17.
Regarding Claim 22, Claim 22 is rejected on the same basis as Claim 18.
Claims 15-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 11,128,421 (hereinafter referred to as “the ‘421 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claim 15, Claim 1 of the ‘421 Patent discloses a wireless communication terminal that communicates wirelessly, the wireless communication terminal comprising:
a transceiver (Claim 1 of the ‘421 Patent discloses a transceiver); and
a processor (Claim 1 of the ‘421 Patent discloses a processor),
wherein the processor is configured to:
receive a non-legacy physical layer frame by using the transceiver (Claim 1 of the ‘421 Patent discloses receive a non-legacy physical layer frame by using the transceiver),
obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame (Claim 1 of the ‘421 Patent discloses receiving a non-legacy physical layer frame by using the transceiver, obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame),
obtain length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field (Claim 1 of the ‘421 Patent discloses obtaining length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field),
determine a format of the non-legacy physical layer frame based on a modulation method of a third symbol after the legacy signaling field (Claim 1 of the ‘421 Patent discloses the information other than information on the duration of the non-legacy physical layer frame indicates a format of a non-legacy signaling field included in the non-legacy physical layer frame) and a remaining value obtained by dividing the length information by a data size transmittable by one symbol of a legacy physical layer frame (Claim 1 of the ‘421 Patent discloses a remaining value obtained by dividing the length information by a data size transmittable by a symbol of a legacy physical layer frame), wherein the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK) (Claim 1 of the ‘421 Patent discloses the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK));
determine a number of symbols of data of the non-legacy physical layer frame according to a following equation when the remaining value is non-zero,
N
S
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=
L
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(Claim 1 of the ‘421 Patent discloses determining the number of symbols of data of the non-legacy physical layer frame according to a following equation
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)
where
x
denotes a largest integer less than or equal to x (Claim 1 of the ‘421 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 1 of the ‘421 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘421 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘421 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
bPE_Disambiguity denotes a value of PE Disambiguity field (Claim 1 of the ‘421 Patent discloses bPE_Disambiguity denotes a value of PE Disambiguity field),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 1 of the ‘421 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 1 of the ‘421 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame),
wherein the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame (Claim 1 of the ‘421 Patent discloses the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame).
Regarding Claim 16, Claim 1 of the ‘421 Patent discloses the wireless communication terminal of claim 15.
Claim 2 of the ‘421 Patent further discloses wherein the processor is configured to obtain a duration of a packet extension which is a padding of the non-legacy physical layer frame, according to a following equation,
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P
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=
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L
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N
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+
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+
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4
×
4
where
x
denotes a largest integer less than or equal to x (Claim 2 of the ‘421 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 2 of the ‘421 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘421 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘421 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 2 of the ‘421 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 2 of the ‘421 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame).
Regarding Claim 17, Claim 1 and Claim 2 of the ‘421 Patent discloses the wireless communication terminal of claim 15.
Claim 3 of the ‘421 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps (Claim 3 of the ‘421 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps).
Regarding Claim 18, Claim 1 and Claim 2 of the ‘421 Patent discloses the wireless communication terminal of claim 15.
Claim 4 of the ‘421 Patent further discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame (Claim 4 of the ‘421 Patent discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame).
Regarding Claim 19, Claim 19 is rejected on the same basis as Claim 15.
Regarding Claim 20, Claim 20 is rejected on the same basis as Claim 16.
Regarding Claim 21, Claim 21 is rejected on the same basis as Claim 17.
Regarding Claim 22, Claim 22 is rejected on the same basis as Claim 18.
Claims 15-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 11,700,084 (hereinafter referred to as “the ‘084 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claim 15, Claim 1 of the ‘084 Patent discloses a wireless communication terminal that communicates wirelessly, the wireless communication terminal comprising:
a transceiver (Claim 1 of the ‘084 Patent discloses a transceiver); and
a processor (Claim 1 of the ‘084 Patent discloses a processor),
wherein the processor is configured to:
receive a non-legacy physical layer frame by using the transceiver (Claim 1 of the ‘084 Patent discloses receive a non-legacy physical layer frame by using the transceiver),
obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame (Claim 1 of the ‘084 Patent discloses receiving a non-legacy physical layer frame by using the transceiver, obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame),
obtain length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field (Claim 1 of the ‘084 Patent discloses obtaining length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field),
determine a format of the non-legacy physical layer frame based on a modulation method of a third symbol after the legacy signaling field (Claim 1 of the ‘084 Patent discloses the information other than information on the duration of the non-legacy physical layer frame indicates a format of a non-legacy signaling field included in the non-legacy physical layer frame) and a remaining value obtained by dividing the length information by a data size transmittable by one symbol of a legacy physical layer frame (Claim 1 of the ‘084 Patent discloses a remaining value obtained by dividing the length information by a data size transmittable by a symbol of a legacy physical layer frame), wherein the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK) (Claim 1 of the ‘084 Patent discloses the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK));
determine a number of symbols of data of the non-legacy physical layer frame according to a following equation when the remaining value is non-zero,
N
S
Y
M
=
L
L
E
N
G
T
H
+
m
+
3
D
s
i
z
e
T
S
Y
M
-
b
P
E
_
D
i
s
a
m
b
i
b
u
i
t
y
(Claim 1 of the ‘084 Patent discloses determining the number of symbols of data of the non-legacy physical layer frame according to a following equation
N
S
Y
M
=
L
L
E
N
G
T
H
+
m
+
3
D
s
i
z
e
T
S
Y
M
-
b
P
E
_
D
i
s
a
m
b
i
b
u
i
t
y
)
where
x
denotes a largest integer less than or equal to x (Claim 1 of the ‘084 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 1 of the ‘084 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘084 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘084 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
bPE_Disambiguity denotes a value of PE Disambiguity field (Claim 1 of the ‘084 Patent discloses bPE_Disambiguity denotes a value of PE Disambiguity field),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 1 of the ‘084 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 1 of the ‘084 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame),
wherein the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame (Claim 1 of the ‘084 Patent discloses the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame).
Regarding Claim 16, Claim 1 of the ‘084 Patent discloses the wireless communication terminal of claim 15.
Claim 2 of the ‘084 Patent further discloses wherein the processor is configured to obtain a duration of a packet extension which is a padding of the non-legacy physical layer frame, according to a following equation,
T
P
E
=
L
L
E
N
G
T
H
+
m
+
3
D
s
i
z
e
×
4
-
T
H
E
_
P
R
E
A
M
B
L
E
-
N
S
Y
M
×
T
S
Y
M
4
×
4
where
x
denotes a largest integer less than or equal to x (Claim 2 of the ‘084 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 2 of the ‘084 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘084 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘084 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 2 of the ‘084 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 2 of the ‘084 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame).
Regarding Claim 17, Claim 1 and Claim 2 of the ‘084 Patent discloses the wireless communication terminal of claim 15.
Claim 3 of the ‘084 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps (Claim 3 of the ‘084 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps).
Regarding Claim 18, Claim 1 and Claim 2 of the ‘084 Patent discloses the wireless communication terminal of claim 15.
Claim 4 of the ‘084 Patent further discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame (Claim 4 of the ‘084 Patent discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame).
Regarding Claim 19, Claim 19 is rejected on the same basis as Claim 15.
Regarding Claim 20, Claim 20 is rejected on the same basis as Claim 16.
Regarding Claim 21, Claim 21 is rejected on the same basis as Claim 17.
Regarding Claim 22, Claim 22 is rejected on the same basis as Claim 18.
Claims 15-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,149,354 (hereinafter referred to as “the ‘354 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claim 15, Claim 1 of the ‘354 Patent discloses a wireless communication terminal that communicates wirelessly, the wireless communication terminal comprising:
a transceiver (Claim 1 of the ‘354 Patent discloses a transceiver); and
a processor (Claim 1 of the ‘354 Patent discloses a processor),
wherein the processor is configured to:
receive a non-legacy physical layer frame by using the transceiver (Claim 1 of the ‘354 Patent discloses receive a non-legacy physical layer frame by using the transceiver),
obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame (Claim 1 of the ‘354 Patent discloses receiving a non-legacy physical layer frame by using the transceiver, obtain a legacy signaling field including information decodable by a legacy wireless communication terminal from the non-legacy physical layer frame),
obtain length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field (Claim 1 of the ‘354 Patent discloses obtaining length information indicating information on a duration of the non-legacy physical layer frame, from the legacy signaling field),
determine a format of the non-legacy physical layer frame based on a modulation method of a third symbol after the legacy signaling field (Claim 1 of the ‘354 Patent discloses the information other than information on the duration of the non-legacy physical layer frame indicates a format of a non-legacy signaling field included in the non-legacy physical layer frame) and a remaining value obtained by dividing the length information by a data size transmittable by one symbol of a legacy physical layer frame (Claim 1 of the ‘354 Patent discloses a remaining value obtained by dividing the length information by a data size transmittable by a symbol of a legacy physical layer frame), wherein the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK) (Claim 1 of the ‘354 Patent discloses the modulation method is Binary Phase Shift Keying (BPSK) or Quadrature Binary Phase Shift Keying (QBPSK));
determine a number of symbols of data of the non-legacy physical layer frame according to a following equation when the remaining value is non-zero,
N
S
Y
M
=
L
L
E
N
G
T
H
+
m
+
3
D
s
i
z
e
T
S
Y
M
-
b
P
E
_
D
i
s
a
m
b
i
b
u
i
t
y
(Claim 1 of the ‘354 Patent discloses determining the number of symbols of data of the non-legacy physical layer frame according to a following equation
N
S
Y
M
=
L
L
E
N
G
T
H
+
m
+
3
D
s
i
z
e
T
S
Y
M
-
b
P
E
_
D
i
s
a
m
b
i
b
u
i
t
y
)
where
x
denotes a largest integer less than or equal to x (Claim 1 of the ‘354 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 1 of the ‘354 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘354 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 1 of the ‘354 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
bPE_Disambiguity denotes a value of PE Disambiguity field (Claim 1 of the ‘354 Patent discloses bPE_Disambiguity denotes a value of PE Disambiguity field),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 1 of the ‘354 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 1 of the ‘354 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame),
wherein the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame (Claim 1 of the ‘354 Patent discloses the PE Disambiguity field is set based on the duration of a symbol of the data of the non-legacy physical layer frame and an increment of duration to set a value of the length information based on a duration of a symbol of the legacy physical layer frame).
Regarding Claim 16, Claim 1 of the ‘354 Patent discloses the wireless communication terminal of claim 15.
Claim 2 of the ‘354 Patent further discloses wherein the processor is configured to obtain a duration of a packet extension which is a padding of the non-legacy physical layer frame, according to a following equation,
T
P
E
=
L
L
E
N
G
T
H
+
m
+
3
D
s
i
z
e
×
4
-
T
H
E
_
P
R
E
A
M
B
L
E
-
N
S
Y
M
×
T
S
Y
M
4
×
4
where
x
denotes a largest integer less than or equal to x (Claim 2 of the ‘354 Patent discloses where
x
denotes a largest integer less than or equal to x),
L_LENGTH denotes the length information (Claim 2 of the ‘354 Patent discloses L_LENGTH denotes the length information),
m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘354 Patent discloses m denotes a value obtained by subtracting the remaining value from the data size transmittable by a symbol of the legacy physical layer frame),
Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame (Claim 2 of the ‘354 Patent discloses Dsize denotes the data size transmittable by a symbol of the legacy physical layer frame),
THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame (Claim 2 of the ‘354 Patent discloses THE_PREAMBLE denotes a duration of non-legacy preamble of the non-legacy physical layer frame),
TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame (Claim 2 of the ‘354 Patent discloses TSYM denotes a duration of a symbol of the data of the non-legacy physical layer frame).
Regarding Claim 17, Claim 1 and Claim 2 of the ‘354 Patent discloses the wireless communication terminal of claim 15.
Claim 3 of the ‘354 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps (Claim 3 of the ‘354 Patent discloses the data size transmittable by a symbol of the legacy physical layer frame is 3 octets when a data rate of the legacy physical layer frame is 6 Mbps).
Regarding Claim 18, Claim 1 and Claim 2 of the ‘354 Patent discloses the wireless communication terminal of claim 15.
Claim 4 of the ‘354 Patent further discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non-legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame (Claim 4 of the ‘354 Patent discloses the increment of duration is a value obtained by multiplying a difference between a value obtained by performing a ceiling operation on a value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame and the value obtained by dividing the duration of the non- legacy physical layer frame after the legacy signaling field by the duration of a symbol of the legacy physical layer frame by the duration of a symbol of the legacy physical layer frame).
Regarding Claim 19, Claim 19 is rejected on the same basis as Claim 15.
Regarding Claim 20, Claim 20 is rejected on the same basis as Claim 16.
Regarding Claim 21, Claim 21 is rejected on the same basis as Claim 17.
Regarding Claim 22, Claim 22 is rejected on the same basis as Claim 18.
Internet Communications
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Conclusion
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/ERIC NOWLIN/Examiner, Art Unit 2474
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