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 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No.12,212,438. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain nearly identical limitations. Regarding claim 1, A physical layer protocol data unit (PPDU) transmission method, comprising: generating a PPDU, wherein the PPDU is an null data packet (NDP), wherein the PPDU comprises an extremely high throughput-signal (EHT-SIG) field and a universal signal (U-SIG) field, wherein the U-SIG field comprises a subfield indicating that a symbol number of the EHT-SIG field is 1, and wherein the U-SIG field further comprises a modulation and coding scheme (MCS) subfield, and the MCS subfield indicates that the EHT-SIG field is modulated using binary phase shift keying (BPSK) and a code rate of ½ (PPDU with EHT-SIG field and U-SIG field comprising sub-field indicating a symbol number of EHT-SIG field is 1, further comprising a MCS subfield indicating EHT-SIG field is BPSK and code rate of ½, patent claim 1); and sending the NDP (receiving PPDU which is a NDP, patent claim 1). Regarding claim 2, The method according to claim 1, wherein the U-SIG field comprises an NDP indication subfield or a PPDU format subfield, indicating that the PPDU is in an uncompressed mode (uncompressed mode in NDP indication subfield or PPDU format subfield in U-SIG field, patent claim 2). Regarding claim 3, The method according to claim 1, wherein the EHT-SIG field comprises a subfield indicating a number of space streams and a subfield indicating a number of extremely high throughput-long training field (EHT-LTF) symbols (EHT-SIG field comprises number of space streams and subfield of EHT-LTF symbols, patent claim 1). For pending claims 4-9, see patent claims 3-6.
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.
Claims 1, 2, 4, 5, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Chun et al (US 2019/0165883, hereinafter Chun, as disclosed in the IDS), in view of Verma et al (US 2019/0373586, hereinafter Verma, as disclosed in the IDS), in view of Chen et al (US 2021/0127291, hereinafter Chen, claiming priority dates of all provisional applications, as disclosed in the IDS) and in view of Chen et al (US 2021/0045151, hereinafter Chen2, claiming priority date of all provisional applications, as disclosed in the IDS).
Regarding claim 1, Chun discloses a physical layer protocol data unit (PPDU) transmission method, comprising: generating a PPDU, wherein the PPDU is an null data packet (NDP) and sending the NDP (generating NDP frame, Para [0018], station can receive the PPDU, Para [0076]); but does not disclose wherein the PPDU comprises an extremely high throughput-signal (EHT-SIG) field and a universal signal (U-SIG) field. Chun discloses the PPDU can have a HE-SIG field, Para [0012]. Verma discloses the high-efficiency field such as HE-SIG field may be an example of may include EHT fields, the HE-SIG field may be a EHT-SIG field, Para [0113]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Verma in the system of Chun in order to provide additional capabilities for high throughput environments when exchanging messages; nor discloses wherein the U-SIG field comprises a subfield indicating that a symbol number of the EHT-SIG field is 1. Chen discloses a PPDU includes a U-SIG field, where U-SIG field has a field for number of EHT-SIG symbols, Para [0116], where EHT-SIG field can be 1 symbol, Para [0107], therefore the U-SIG field would indicate the symbol number of EHT-SIG is 1; nor discloses wherein the U-SIG field further comprises a modulation and coding scheme (MCS) subfield, and the MCS subfield indicates that the EHT-SIG field is modulated using binary phase shift keying (BPSK) and a code rate of ½. Chen2 discloses U-SIG can indicate a format and MCS of EHT-SIG, Para [0112] or Para [0120] of provisional application 63/013,530 with BPSK and code rate of ½ as in Chen. Chen discloses the EHT-SIG field can be encoded as 1 symbol using BPSK and rate ½ encoding, Para [0107] or Para [0084] from provisional application 63/028,519. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen and Chen2 in the system of Chun in view of Verma in order to allow more efficient transmission of signals by using BPSK and provide new preamble designs to support signaling features and resource allocations for new communication protocols.
Regarding claims 2, 5 and 8, Chun discloses the method/apparatus/medium according to claim 1/4/7, but not wherein the U-SIG field comprises an NDP indication subfield or a PPDU format subfield, indicating that the PPDU is in an uncompressed mode. Chen discloses the U-SIG field has a EHT-SIG field indicating whether the PPDU is configured for compression or no compression, Para [0118].
Regarding claim 4, Chun discloses a physical layer protocol data unit (PPDU) transmission apparatus (AP apparatus, Fig. 18), comprising: a processor and a transceiver (processor and transceiver, Fig. 18), wherein in response to the processor executing a computer program or instructions in a memory; the processor is configured to generate a PPDU, wherein the PPDU is an null data packet (NDP) and the transceiver is configured to send the NDP (generating NDP frame, Para [0018], station can receive the PPDU, Para [0076]); but does not disclose wherein the PPDU comprises an extremely high throughput-signal (EHT-SIG) field. Chun discloses the PPDU can have a HE-SIG field, Para [0012]. Verma discloses the high-efficiency field such as HE-SIG field may be an example of may include EHT fields, the HE-SIG field may be a EHT-SIG field, Para [0113]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Verma in the system of Chun in order to provide additional capabilities for high throughput environments when exchanging messages; nor discloses wherein the U-SIG field comprises a subfield indicating that a symbol number of the EHT-SIG field is 1. Chen discloses a PPDU includes a U-SIG field, where U-SIG field has a field for number of EHT-SIG symbols, Para [0116], where EHT-SIG field can be 1 symbol, Para [0107], therefore the U-SIG field would indicate the symbol number of EHT-SIG is 1; nor discloses wherein the U-SIG field further comprises a modulation and coding scheme (MCS) subfield, and the MCS subfield indicates that the EHT-SIG field is modulated using binary phase shift keying (BPSK) and a code rate of ½. Chen2 discloses U-SIG can indicate a format and MCS of EHT-SIG, Para [0112] or Para [0120] of provisional application 63/013,530 with BPSK and code rate of ½ as in Chen. Chen discloses the EHT-SIG field can be encoded as 1 symbol using BPSK and rate ½ encoding, Para [0107] or Para [0084] from provisional application 63/028,519. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen and Chen2 in the system of Chun in view of Verma in order to allow more efficient transmission of signals by using BPSK and provide new preamble designs to support signaling features and resource allocations for new communication protocols.
Regarding claim 7, Chun discloses a non-transitory computer-readable storage medium (computer readable code, Para [0017] of Chen) storing computer instructions that, when executed by a processor, cause a computing device to: generate a physical layer protocol data unit (PPDU), wherein the PPDU is an null data packet (NDP) and send the NDP (generating NDP frame, Para [0018], station can receive the PPDU, Para [0076]); but does not disclose wherein the PPDU comprises an extremely high throughput-signal (EHT-SIG) field. Chun discloses the PPDU can have a HE-SIG field, Para [0012]. Verma discloses the high-efficiency field such as HE-SIG field may be an example of may include EHT fields, the HE-SIG field may be a EHT-SIG field, Para [0113]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Verma in the system of Chun in order to provide additional capabilities for high throughput environments when exchanging messages; nor discloses wherein the U-SIG field comprises a subfield indicating that a symbol number of the EHT-SIG field is 1. Chen discloses a PPDU includes a U-SIG field, where U-SIG field has a field for number of EHT-SIG symbols, Para [0116], where EHT-SIG field can be 1 symbol, Para [0107], therefore the U-SIG field would indicate the symbol number of EHT-SIG is 1; nor discloses wherein the U-SIG field further comprises a modulation and coding scheme (MCS) subfield, and the MCS subfield indicates that the EHT-SIG field is modulated using binary phase shift keying (BPSK) and a code rate of ½. Chen2 discloses U-SIG can indicate a format and MCS of EHT-SIG, Para [0112] or Para [0120] of provisional application 63/013,530 with BPSK and code rate of ½ as in Chen. Chen discloses the EHT-SIG field can be encoded as 1 symbol using BPSK and rate ½ encoding, Para [0107] or Para [0084] from provisional application 63/028,519. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen and Chen2 in the system of Chun in view of Verma in order to allow more efficient transmission of signals by using BPSK and provide new preamble designs to support signaling features and resource allocations for new communication protocols.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2423
