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 .
Claim Objections
Claim(s) 6 and 9 is/are objected to because of the following informalities:
Claim(s) 6 and 9 recite “decoding the signal” and “wherein the first signal field includes a first common field and a first user specific field, and the second signal field includes a second common field and a second user specific field” without a punctuation mark, i.e., a comma. Appropriate correction is required.
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 §§ 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).
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Claim(s) 1-3, 5-10, and 12-13 of the current application 18/929205 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-6 of U.S. Patent No. 12,166,614 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1, U.S. Patent No. 12,166,614 B2 discloses An integrated circuit, which comprises circuitry configured to (claim 1: An integrated circuit for a communication apparatus, the integrated circuit comprising: at least one input; and control circuitry, which, in operation):
control receiving a signal containing a first signal field transmitted in a first 20 MHz subband and a second signal field transmitted in a second 20 MHz subband, the second signal field being different from the first signal field (claim 1: controls receiving, by the at least one input, a signal containing a first signal field transmitted in a first 20 MHz subband and a second signal field transmitted in a second 20 MHz subband, the second signal field being different from the first signal field), and
decode the signal (claim 1: decoding the signal),
wherein the first signal field includes a first common field and a first user specific field, and the second signal field includes a second common field and a second user specific field (claim 1: wherein the first signal field includes a first common field and a first user specific field, and the second signal field includes a second common field and a second user specific field),
a part of a plurality of user fields of which corresponding resource allocation is indicated by the first common field can be relocated to the second user specific field (claim 1: a part of a plurality of user fields of which corresponding resource allocation is indicated by the first common field can be relocated to the second user specific field),
the first common field indicates a total number of the relocated part of the plurality of user fields (claim 1: the first common field indicates a total number of the relocated part of the plurality of user fields), and
the total number of the relocated part of the plurality of user fields is determined such that the plurality of the user fields are split equitably between the first user specific field and the second user specific field (claim 1: the total number of the relocated part of the plurality of user fields is determined such that the plurality of the user fields are split equitably between the first user specific field and the second user specific field).
Regarding claim 2, U.S. Patent No. 12,166,614 B2 discloses all features of claim 1 as outlined above.
U.S. Patent No. 12,166,614 B2 discloses wherein a first addressing space of the corresponding resource allocation is next to a second addressing space of a number of user fields in the first common field (claim 2: wherein a first addressing space of the corresponding resource allocation is next to a second addressing space of a number of user fields in the first common field).
Regarding claim 3, U.S. Patent No. 12,166,614 B2 discloses all features of claim 1 as outlined above.
U.S. Patent No. 12,166,614 B2 discloses wherein every two user fields in the first user specific field and the second user specific field is jointly encoded in a Binary Convolutional Coding block (BCC) except a last BCC block which contains a single user field (claim 3: wherein every two user fields in the first user specific field and the second user specific field is jointly encoded in a Binary Convolutional Coding block (BCC) except a last BCC block which contains a single user field).
Regarding claim 5, U.S. Patent No. 12,166,614 B2 discloses all features of claim 1 as outlined above.
U.S. Patent No. 12,166,614 B2 discloses wherein the circuitry comprises:
reception circuitry, which, in operation, controls receiving the signal (claim 1: receiving, by the at least one input, a signal);
processing circuitry, which, in operation, decodes the signal (claim 1: control circuitry, which, in operation, controls … decoding the signal).
Regarding claim 6, U.S. Patent No. 12,166,614 B2 discloses A process controlled by an integrated circuit, the process comprising (claims 1 and 4: An integrated circuit for a communication apparatus and A communication method comprising):
receiving a signal containing a first signal field transmitted in a first 20 MHz subband and a second signal field transmitted in a second 20 MHz subband, the second signal field being different from the first signal field (claims 1 and 4: receiving a signal containing a first signal field transmitted in a first 20 MHz subband and a second signal field transmitted in a second 20 MHz subband, the second signal field being different from the first signal field); and
decoding the signal (claims 1 and 4: decoding the signal)
wherein the first signal field includes a first common field and a first user specific field, and the second signal field includes a second common field and a second user specific field (claims 1 and 4: wherein the first signal field includes a first common field and a first user specific field, and the second signal field includes a second common field and a second user specific field),
a part of a plurality of user fields of which corresponding resource allocation is indicated by the first common field can be relocated to the second user specific field (claims 1 and 4: a part of a plurality of user fields of which corresponding resource allocation is indicated by the first common field can be relocated to the second user specific field),
the first common field indicates a total number of the relocated part of the plurality of user fields (claims 1 and 4: the first common field indicates a total number of the relocated part of the plurality of user fields), and
the total number of the relocated part of the plurality of user fields is determined such that the plurality of the user fields are split equitably between the first user specific field and the second user specific field (claims 1 and 4: the total number of the relocated part of the plurality of user fields is determined such that the plurality of the user fields are split equitably between the first user specific field and the second user specific field).
Regarding claim 7, U.S. Patent No. 12,166,614 B2 discloses all features of claim 6 as outlined above.
U.S. Patent No. 12,166,614 B2 discloses wherein a first addressing space of the corresponding resource allocation is next to a second addressing space of a number of user fields in the first common field (claims 2 and 5: wherein a first addressing space of the corresponding resource allocation is next to a second addressing space of a number of user fields in the first common field).
Regarding claim 8, U.S. Patent No. 12,166,614 B2 discloses all features of claim 6 as outlined above.
U.S. Patent No. 12,166,614 B2 discloses wherein every two user fields in the first user specific field and the second user specific field is jointly encoded in a Binary Convolutional Coding block (BCC) except a last BCC block which contains a single user field (claims 3 and 6: wherein every two user fields in the first user specific field and the second user specific field is jointly encoded in a Binary Convolutional Coding block (BCC) except a last BCC block which contains a single user field).
Regarding claim 9, U.S. Patent No. 12,166,614 B2 discloses A non-transitory computer-readable medium having contents which cause processing circuitry to perform a method, the method comprising (claims 1 and 4: A communication method comprising):
receiving a signal containing a first signal field transmitted in a first 20 MHz subband and a second signal field transmitted in a second 20 MHz subband, the second signal field being different from the first signal field (claims 1 and 4: receiving a signal containing a first signal field transmitted in a first 20 MHz subband and a second signal field transmitted in a second 20 MHz subband, the second signal field being different from the first signal field); and
decoding the signal (claims 1 and 4: decoding the signal)
wherein the first signal field includes a first common field and a first user specific field, and the second signal field includes a second common field and a second user specific field (claims 1 and 4: wherein the first signal field includes a first common field and a first user specific field, and the second signal field includes a second common field and a second user specific field),
a part of a plurality of user fields of which corresponding resource allocation is indicated by the first common field can be relocated to the second user specific field (claims 1 and 4: a part of a plurality of user fields of which corresponding resource allocation is indicated by the first common field can be relocated to the second user specific field),
the first common field indicates a total number of the relocated part of the plurality of user fields (claims 1 and 4: the first common field indicates a total number of the relocated part of the plurality of user fields), and
the total number of the relocated part of the plurality of user fields is determined such that the plurality of the user fields are split equitably between the first user specific field and the second user specific field (claims 1 and 4: the total number of the relocated part of the plurality of user fields is determined such that the plurality of the user fields are split equitably between the first user specific field and the second user specific field).
Regarding claim 12, U.S. Patent No. 12,166,614 B2 discloses all features of claim 9 as outlined above.
U.S. Patent No. 12,166,614 B2 discloses wherein a first addressing space of the corresponding resource allocation is next to a second addressing space of a number of user fields in the first common field (claims 2 and 5: wherein a first addressing space of the corresponding resource allocation is next to a second addressing space of a number of user fields in the first common field).
Regarding claim 13, U.S. Patent No. 12,166,614 B2 discloses all features of claim 9 as outlined above.
U.S. Patent No. 12,166,614 B2 discloses wherein every two user fields in the first user specific field and the second user specific field is jointly encoded in a Binary Convolutional Coding block (BCC) except a last BCC block which contains a single user field (claims 3 and 6: wherein every two user fields in the first user specific field and the second user specific field is jointly encoded in a Binary Convolutional Coding block (BCC) except a last BCC block which contains a single user field).
Claim(s) 4 and 11 of the current application 18/929205 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-6 of U.S. Patent No. 12,166,614 B2 in view of Sun et al. (US 2016/0156438 A1).
Regarding claim 4, U.S. Patent No. 12,166,614 B2 discloses all features of claim 1 as outlined above.
U.S. Patent No. 12,166,614 B2 does not explicitly disclose, but Sun discloses comprising:
at least one input coupled to the circuitry, wherein the at least one input, in operation, inputs data (Fig. 1, [0055]: The PHY processing unit 20 includes a plurality of transceivers 21, and the transceivers 21 are coupled to a plurality of antennas 24. [0060]: the transceiver(s) 24 is/are configured to receive the data units via the antenna(s) 24); and
at least one output coupled to the circuitry, wherein the at least one output, in operation, outputs data to be transmitted (Fig. 1, [0055]: The PHY processing unit 20 includes a plurality of transceivers 21, and the transceivers 21 are coupled to a plurality of antennas 24. [0060]: The transceiver(s) 21 is/are configured to transmit the generated data units via the antenna(s) 24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the integrated circuit for a communication apparatus, as taught by U.S. Patent No. 12,166,614 B2, to include a plurality of transceivers configured to receive and transmit data units via antennas, as taught by Sun.
Doing so enables DL and UL MIMO communication between AP and a plurality of client stations (Sun: [0055]).
Regarding claim 11, U.S. Patent No. 12,166,614 B2 discloses all features of claim 9 as outlined above.
U.S. Patent No. 12,166,614 B2 does not explicitly disclose, but Sun discloses wherein the contents comprise configuration settings ([0232]: the software or firmware instructions may be stored in any computer readable memory such as on a magnetic disk, an optical disk, or other storage medium, in a RAM or ROM or flash memory, processor, hard disk drive, optical disk drive, tape drive, etc… The software or firmware instructions may include machine readable instructions that, when executed by the processor, cause the processor to perform various acts).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the integrated circuit for a communication apparatus, as taught by U.S. Patent No. 12,166,614 B2, to include a software or firmware instructions stored in the computer readable memory, as taught by Sun.
Doing so allows the processor to perform various acts (Sun: [0232]).
Conclusion
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov