DETAILED ACTION
Acknowledgments
This Office Action addresses U.S. Application No. 18/980,317. Based upon a review of the instant application, the actual filing date of the instant application is October 18, 2024. Since the instant application was filed after September 16, 2012, the statutory provisions of the America Invents Act ("AIA ") will govern this proceeding.
The instant application is a reissue application of U.S. Patent No. 10,334,595 (“the ‘595 Patent”). The ‘595 Patent matured from U.S. Patent Application 15/727,066, filed October 6, 2017, which was a continuation of U.S. patent application No. 15/496,402 filed on Apr. 25, 2017 (now U.S. Pat. No. 9,807,765 issued on Oct. 31, 2017), which was a continuation of U.S. patent application No. 15/010,348 filed on Jan. 29, 2016 (now U.S. Pat. No. 9,661,629 issued on May 23, 2017), which was a continuation of U.S. patent application No. 14/559,688 filed on Dec. 3, 2014 (now U.S. Pat. No. 9,271,191 issued on Feb. 23, 2016), which is a continuation of U.S. patent application No. 14/186,572 filed on Feb. 21, 2014 (now U.S. Pat. No. 8,923,266 issued on Dec. 30, 2014), which is a continuation of U.S. patent application No. 13/505,409 filed on May 1, 2012 (now U.S. Pat. No. 8,699,442 issued on Apr. 15, 2014), which is the National Phase of PCT/KR2011/004715 filed on Jun. 28, 2011, which claims the benefit under 35 U.S.C. § 119(e) to U.S. Provisional Application No. 61/359,796 filed on Jun. 29, 2010.
Reissue Applications
The reissue oath/declaration filed with this application is defective because it fails to identify at least one error which is relied upon to support the reissue application. See 37 CFR 1.175 and MPEP § 1414.
The error statement in the reissue declaration is improper. See MPEP 1414(II) and specifically subsection C which recites in part (emphasis added),
“(C) It is not sufficient for an oath/declaration to merely state "this application is being filed to correct errors in the patent which may be noted from the changes made in the disclosure." Rather, the oath/declaration must specifically identify an error. In addition, it is not sufficient to merely reproduce the claims with brackets and underlining and state that such will identify the error. Any error in the claims must be identified by reference to the specific claim(s) and the specific claim language wherein lies the error.”
Claim Rejections – 35 USC § 251 Rejections
Claims 1-22 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
Allowable Subject Matter
Claims 1-22 are free from prior art rejections but are rejected under 35 USC § 251 for the reasons above. A formal declaration is required.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record taken alone or in combination fails to teach or suggest setting the transmission bandwidth of a non-initial data unit to be the same or narrower than the transmit bandwidth of an initial data unit as in claims 1-16, or setting the transmission bandwidth of a non-initial data unit to be the same or narrower than the transmit bandwidth of a preceding data unit of a non-initial unit that is with the same TXOP as the initial data unit as in claims 17-22, wherein the respective transmit bandwidths are indicated in a control field of the initial and non-initial data units, in combination with the other recited claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following reference is cited to further show the state of the art as it pertains to the applicant’s invention.
U.S. Pub. No. 2012/0327915 to Kang et al. is cited as background information.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERON J SORRELL whose telephone number is (571)272-4160. The examiner can normally be reached M-F 9AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Fuelling can be reached at 571-270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Signed:
/ERON J SORRELL/Primary Examiner, Art Unit 3992
Conferee: /JOSEPH R POKRZYWA/ Primary Examiner, Art Unit 3992
/M.F/Supervisory Patent Examiner, Art Unit 3992
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