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 .
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.
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Claims 1,5,6,7,8,13,15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,2,4,5,6,8,9 of U.S. Patent No. 12,160,392. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1,2,4,5,6,8,9 of U.S. Patent No. 12,160,392 anticipate the pending claims 1,5,6,7,8,13,15.
Claim #
Patent No. 12,160,392
Claim#
Current Application
1
1. A wireless communication method in a wireless network comprising a plurality of access points (APs) sharing a communication channel, each AP is configured to manage stations of a basic service set (BSS), the method comprising at a coordinator AP: gaining access to the communication channel; and sending to a coordinated AP a resource allocation allocating a chunk of the communication channel for stations of the BSS managed by the coordinated AP, wherein the resource allocation is sent by a trigger frame compliant with IEEE802.11 series standards, in which a predetermined value indicating the resource allocation allocates the chunk of the communication channel for stations of the BSS managed by the coordinated AP is set by the coordinator AP, wherein the predetermined value is included in a Common Info field of the trigger frame sent by the coordinator AP.
1
A wireless communication method performed by a coordinator AP, the method comprising:
obtaining transmission opportunity (TXOP); and
sending, to a coordinated AP, a trigger frame allocating time within the obtained TXOP for the coordinated AP, wherein the coordinated AP communicates with one or more stations in a Basic Service Set (BSS) managed by the coordinated AP within the allocated time.
2
2. The method of claim 1, wherein the resource allocation is determined based on resource needs obtained from the coordinated AP
5
The method of claim 1, further comprising: requesting to the coordinated AP for the resource needs.
4
4. The method of claim 1, wherein the chunk of the communication channel is defined by frequency band, a duration and starting time.
8
The method of claim 1, wherein the time allocated is defined by a duration and starting time.
5
5. The method of claim 2, wherein the resource needs are indicated by buffer status reports (BSRs).
6
The method of claim 5, wherein the resource needs are indicated by buffer status reports (BSRs)
6
The method of claim 2, wherein the resource needs are provided in a control subfield of a frame complying with IEEE802.11 series standards.
7
The method of claim 5, wherein the resource needs are provided in a control subfield of a frame complying with IEEE802.11 series standards
9
9. A computer-readable storage medium storing a program for causing a device, which functions as a coordinator access point (AP) in a wireless network comprising a plurality of APs sharing a communication channel, each AP is configured to manage stations of a basic service set (BSS), to execute a control method, the control method comprising: gaining access to the communication channel; and sending to a coordinated AP a resource allocation allocating a chunk of the communication channel for stations of the BSS managed by the coordinated AP, wherein the resource allocation is sent by a trigger frame compliant with IEEE802.11 series standards, in which a predetermined value indicating the resource allocation allocates the chunk of the communication channel for stations of the BSS managed by the coordinated AP is set by the coordinator AP, wherein the predetermined value is included in a Common Info field of the trigger frame sent by the coordinator AP.
15
A computer-readable storage medium storing a program for causing a device, which functions as a coordinator access point (AP) in a wireless network, to execute a control method, the control method comprising: obtaining transmission opportunity (TXOP); and sending, to a coordinated AP, a trigger frame allocating time within the obtained TXOP for the coordinated AP, wherein the coordinated AP communicates with one or more stations in a Basic Service Set (BSS) managed by the coordinated AP within the allocated time.
8
8. A coordinator access point (AP) in a wireless network comprising a plurality of APs sharing a communication channel, each AP is configured to manage stations of a basic service set (BSS), the coordinator AP comprising at least one microprocessor configured for carrying out steps of: gaining access to the communication channel; and sending to a coordinated AP a resource allocation allocating a chunk of the communication channel for stations of the BSS managed by the coordinated AP, wherein the resource allocation is sent by a trigger frame compliant with IEEE802.11 series standards, in which a predetermined value indicating the resource allocation allocates the chunk of the communication channel for stations of the BSS managed by the coordinated AP is set by the coordinator AP, wherein the predetermined value is included in a Common Info field of the trigger frame sent by the coordinator AP
13
A coordinator access point (AP) in a wireless network, the coordinator AP comprising at least one microprocessor configured for carrying out steps of:
obtaining transmission opportunity (TXOP); and sending, to a coordinated AP, a trigger frame allocating time within the obtained TXOP for the coordinated AP, wherein the coordinated AP communicates with one or more stations in a Basic Service Set (BSS) managed by the coordinated AP within the allocated time
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1,4-8,10,13-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cherian to (US20200076552)
Regarding claims 1, 13,15 Cherian teaches a wireless communication method in a wireless network comprising a plurality of access points (APs) sharing a communication channel, each AP is configured to manage stations of a basic service set (BSS )(see , fig.2) , the method comprising at a coordinator AP(..e. first AP): signaling to another AP, referred to as coordinated AP (i.e. second AP) obtaining transmission opportunity (TXOP); ([0017] discloses receive, during a first portion of a transmission opportunity reserved for communications by a first AP, a resource assignment from the first AP to schedule coordinated communications over a second portion of the transmission opportunity,) and sending, to a coordinated AP, a trigger frame allocating time within the obtained TXOP for the coordinated AP, ([0047] discloses IEEE 802.11ax . [0060] discloses the first AP 110 may transmit a scheduling trigger such as a MAP-Sch- Trigger 310) wherein the coordinated AP communicates with one or more stations in a Basic Service Set (BSS)( see , fig.2) managed by the coordinated AP within the allocated time, ([0017] discloses transmit a scheduling indicator to at least one station associated with the second access point scheduling a subset of resources of the second portion of the transmission opportunity for the coordinated communications indicated in the resource assignment, receive an indication of a start of the second portion of the transmission opportunity, and initiate, based on the indication, coordinated communications between the second AP and the at least one station during the second portion of the transmission opportunity).
Regarding claims 10,14,16 Cherian teaches a wireless communication method performed by a coordinated access point (AP) (i.e. second AP), the method comprising: receiving, from a coordinator AP, a trigger frame allocating time within the obtained TXOP for the coordinated AP ([0017] discloses receive, during a first portion of a transmission opportunity reserved for communications by a first AP, a resource assignment from the first AP to schedule coordinated communications over a second portion of the transmission opportunity,) to communicate with one or more stations in the BSS managed by the coordinated AP, ([0047] discloses IEEE 802.11ax . [0060] discloses the first AP 110 may transmit a scheduling trigger such as a MAP-Sch- Trigger 310) and performing a communication with one or more stations in a Basic Service Set (BSS) managed by the coordinated AP within the allocated time([0017] discloses transmit a scheduling indicator to at least one station associated with the second access point scheduling a subset of resources of the second portion of the transmission opportunity for the coordinated communications indicated in the resource assignment, receive an indication of a start of the second portion of the transmission opportunity, and initiate, based on the indication, coordinated communications between the second AP and the at least one station during the second portion of the transmission opportunity).
Regarding claim 4, Cherian teaches wherein the allocated time is a duration during which the coordinated AP has right for medium access(0051] discloses a sub-TXOP trigger message 320 sent by the first AP 110 may indicate the beginning of the second portion 317 of the mTXOP 303)..
Regarding claim 5, Cherian teaches requesting to the coordinated AP for the resource needs([0061] discloses the mTXOP-allocation 617 may provide allocation information for coordinated OFDMA, which may include sub-channel assignment for each of the participating APs for use in transmitting coordinated OFDMA communications).
Regarding claim 6, Cherian teaches herein the resource needs are indicated by buffer status reports (BSRs)([0034] discloses buffer status information).
Regarding claim 7 Cherian teaches wherein the resource needs are provided in a control subfield of a frame complying with IEEE802.11 series standards ((0047] discloses IEEE 802.11ax . [0060] discloses the first AP 110 may transmit a scheduling trigger such as a MAP-Sch-Trigger 310).
Regarding claim 8, Cherian teaches wherein the time allocated is defined by a duration and starting time (0051] discloses a sub-TXOP trigger message 320 sent by the first AP 110 may indicate the beginning of the second portion 317 of the mTXOP 303).
Claim Rejections - 35 USC § 103
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) 2-3,9,11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cherian to (US20200076552) in view of Chitrakar to (US10582542)
Regarding claims 2, 11, Cherian does not explicitly wherein the trigger frame includes a user info field containing information indicating the time allocated to the coordinated AP
However, Chitrakar teaches wherein the trigger frame includes a user info field containing information indicating the time allocated to the coordinated AP (claim 7, discloses generating a trigger frame including a common information field and a user information field, the common information field including a trigger type subfield that identifies a trigger type of the trigger frame, wherein several trigger types allow allocation of resource units (RUs) for uplink OFDMA random access (UORA))
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filling date of the claimed invention to enable the system of Cherian include wherein the trigger frame includes a user info field containing information indicating the time allocated to the coordinated AP, as suggested by Chitrakar. This modification would benefit the system to efficiently utilize the available network resource.
Regarding claims 3,12 Cherian does not explicitly wherein the user info field includes a subfield indicating the time allocated to the coordinated AP
However, Chitrakar teaches wherein the user info field includes a subfield indicating the time allocated to the coordinated AP (claim 7, discloses generating a trigger frame including a common information field and a user information field, the common information field including a trigger type subfield that identifies a trigger type of the trigger frame, wherein several trigger types allow allocation of resource units (RUs) for uplink OFDMA random access (UORA))
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filling date of the claimed invention to enable the system of Cherian include wherein the user info field includes a subfield indicating the time allocated to the coordinated AP, as suggested by Chitrakar. This modification would benefit the system to efficiently utilize the available network resource.
Regarding claim 9, Cherian does not explicitly teach wherein a predetermined value indicating a coordinated time division multiple access is performed is included in a Trigger Type subfield of the Common Info field of the trigger frame
However, Chitrakar teaches wherein a predetermined value indicating a coordinated time division multiple access is performed is included in a Trigger Type subfield of the Common Info field of the trigger frame (Chitrakar, claim 7, discloses generating a trigger frame including a common information field and a user information field, the common information field including a trigger type subfield that identifies a trigger type of the trigger frame, wherein several trigger types allow allocation of resource units (RUs) for uplink OFDMA random access (UORA))
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filling date of the claimed invention to enable the system of Cherian include wherein a predetermined value indicating a coordinated time division multiple access is performed is included in a Trigger Type subfield of the Common Info field of the trigger frame, as suggested by Chitrakar. This modification would benefit the system to efficiently utilize the available network resource.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00.
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/ZEWDU A BEYEN/Primary Examiner, Art Unit 2461
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