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).
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Claims 1-18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 of U.S. Patent No. 12396046 in view of Kim [US 2022/02254069 with Priority of KR 05/09/2019] or Jang [US 2023/0422328 with Priority of KR 07/02/2019].
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed patent discloses the limitations of claims of application as stated in the claims 1-26 of the patent by omitting some elements from the claims in order to broaden the claims as following:
Patent Application
1. A multi-link communication method, comprising:
generating, by a first multi-link device, a radio frame, the first multi-link device comprising a first station operating on a first link and a second station operating on a second link; and
transmitting, by the first multi-link device, the radio frame on the first link, the radio frame comprising an information element including first indication information indicating whether the first station and the second station support simultaneous transmitting and/or receiving operations
and second indication information comprising a threshold indicating a minimum value of a difference between operating frequencies of two links that support the simultaneous transmitting and/or receiving operations.
2. The method according to claim 1, wherein the simultaneous transmitting and/or receiving operations comprise a first operation and a second operation, the first operation being that the second station performs a receiving operation while the first station performs a transmitting operation and the second operation being that the second station performs a transmitting operation while the first station performs a receiving operation.
5. The method according to claim 1, wherein the first indication information comprises a plurality of pieces of 1-bit information or a plurality of pieces of 2-bit information, one piece of 1-bit information or one piece of 2-bit information indicating whether the first station using a first bandwidth and the second station using a second bandwidth support simultaneous transmitting/receiving operations.
6. The method according to claim 1, wherein the first multi-link device comprises at least one multi-link logical entity including at least one station and the information element comprises third indication information indicating whether the first station and the second station are located in a same multi-link logical entity.
9. A multi-link communication method, comprising:
receiving, by a third station, a radio frame transmitted by a first multi-link device, wherein the first multi-link device comprises a first station operating on a first link and a second station operating on a second link, wherein: the radio frame comprises an information element including first indication information indicating whether the first station and the second station support simultaneous transmitting and/or receiving operations and second indication information comprising a threshold indicating a minimum value of a difference between operating frequencies of two links that support the simultaneous transmitting and/or receiving operations; and determining, by the third station based on the first indication information, whether the first station and the second station support simultaneous transmitting and/or receiving operations.
10. The method according to claim 9, wherein the simultaneous transmitting/receiving operations comprise a first operation and a second operation, the first operation being that the second station performs a receiving operation while the first station performs a transmitting operation and the second operation being that the second station performs a transmitting operation while the first station performs a receiving operation.
13. The method according to claim 9, wherein the first indication information comprises a plurality of pieces of 1-bit information or a plurality of pieces of 2-bit information, one piece of 1-bit information or one piece of 2-bit information indicating whether the first station using a first bandwidth and the second station using a second bandwidth support simultaneous transmitting/receiving operations.
1 and 10. A multi-link communication method, comprising:
generating, by a first station in a first multi-link device, a radio frame, wherein the first multi- link device comprising the first station operating on a first link and a second station operating on a second link; and
transmitting, by the first station, the radio frame on the first link, wherein the radio frame comprises an information element with first indication information, and the first indication information
4 and 13. The method according to claim 1, wherein the information element comprises second indication information, the second indication information comprising a threshold that indicates a minimum value of a difference between operating frequencies of two links that support the simultaneous transmitting and receiving operations.
2 and 11. The method according to claim 1, wherein the simultaneous transmitting and receiving operations comprise a first operation and a second operation, the first operation being that the second station performs a receiving operation while the first station performs a transmitting operation, and the second operation being that the second station performs a transmitting operation while the first station performs a receiving operation.
3 and 12. The method according to claim 1, wherein the first indication information comprises a plurality of pieces of 1-bit information or a plurality pieces of 2-bit information, and one piece of 1- bit information or one piece of 2-bit information is used to indicate whether the first station using a first bandwidth and the second station using a second bandwidth support simultaneous transmitting and receiving operations.
5 and 14. The method according to claim 1, wherein the information element comprises third indication information indicating whether the first station and the second station are located in a same multi- link logical entity of the first multi-link device.
6 and 15. A multi-link communication method, comprising:
receiving, by a third station, a radio frame transmitted by a first station of a plurality of stations included in a first multi-link device, wherein the first multi-link device comprises a first station operating on a first link and a second station operating on a second link, wherein: the radio frame comprises an information element with first indication information, and the first indication information includes 1-bit information having a value of 0 to indicate that the first station and the second station support simultaneous transmitting and receiving operations; and
determining, by the third station based on the first indication information, that the first station and the second station support simultaneous transmitting and receiving operations.
9 and 18. The method according to claim 6, wherein the information element comprises second indication information, and the second indication information comprises a threshold indicating a minimum value of a difference between operating frequencies of two links that support the simultaneous transmitting and receiving operations.
7. The method according to claim 6, wherein the simultaneous transmitting and receiving operations comprise a first operation and a second operation, the first operation is that the second station performs a receiving operation while the first station performs a transmitting operation, and the second operation is that the second station performs a transmitting operation while the first station performs a receiving operation.
8 and 17. The method according to claim 6, wherein the first indication information comprises a plurality pieces of 1-bit information or a plurality pieces of 2-bit information, and one piece of 1-bit information or one piece of 2-bit information indicates whether the first station using a first bandwidth and the second station using a second bandwidth support simultaneous transmitting and receiving operations.
However, the patent does not disclose first indication information includes 1-bit information having a value of 0. In the same field of endeavor, Kim [US 2022/0225406] or Jian [US 2023/0422328] discloses 1-bit information having a value of 0 [Par. 0184 for Kim and Par. 0273-0274, STR is zero].
Therefore, the applicant is attempting to broaden the parent application's claims by eliminating some of the claim elements and insert a well-known method for indicating a mode using one bit with binary value such as 0 or 1 in the continuation at issue here from Kim into the Patent. If allowed, the application at bar would unjustly extend applicant patent protection beyond the statutory period of the patent while, at the same time, granting broader protection to the application.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-2, 6-7, 10-11 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen [US 2014/0146716] in view of Kim [US 2022/0225406] or Jang [US 2023/0422328].
As claims 1 and 10, Chen [US 2014/0146716] a multi-link communication method, comprising generating, by a first station in a first multi-link device [Fig 1, Ref 102 for generating a radio management frame for instructing to the other multi-link device that the first transceiver “first station” and second transceiver “second station”], a radio frame, wherein the first multi- link device comprising the first station operating on a first link [Fig 1, Ref 106 has a link, Ref 116] and a second station operating on a second link [Fig 1, Ref 104 has a link, Ref 114]; and
transmitting, by the first station, the radio frame on the first link, wherein the radio frame comprises an information element with first indication information, and the first indication information [Par. 0020-0021, 0040 and Fig 2, a frame send to other device to notify the first and second station are operating simultaneously transmitting/receiving]. However, Chen [US 2014/0146716] does not disclose first indication information includes 1-bit information having a value of 0. In the same field of endeavor, Kim [US 2022/0225406] or Jang [US 2023/0422328] discloses 1-bit information having a value of 0 [Par. 0184 for Kim and Par. 0273-0274, STR is zero for Jang].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising a frame includes a field to indicate the first and second station allow to transmit/receive simultaneous as disclosed by Kim [US 2022/0225406] or Jang [US 2023/0422328] into the teaching of Chen [US 2014/0146716]. The motivation would have been to reduce overhead signaling.
As claims 2 and 11, Chen [US 2014/0146716] discloses the simultaneous transmitting and receiving operations comprise a first operation and a second operation, the first operation being that the second station performs a receiving operation while the first station performs a transmitting operation [Par. 0010, primary for transmitting and aux for receiving], and the second operation being that the second station performs a transmitting operation while the first station performs a receiving operation [Par. 0010, primary for transmitting and aux for receiving].
As claims 6 and 15, Chen [US 2014/0146716] discloses a multi-link communication method, comprising: receiving, by a third station, a radio frame transmitted by a first station of a plurality of stations included in a first multi-link device [Fig 1, Ref 106 “third station” of second multi-link device received a frame that transmitted from another multi-link device includes a Ref 104 and 106 “first
and second station”], wherein the first multi-link device comprises a first station operating on a first link and a second station operating on a second link [Fig 1, Ref 104
has a link 116 and 104 has a link 114], wherein: the radio frame comprises an information element with first indication information [Par. 0020-0021, 0040, a
frame send to another device to notify the first and second station are operating
simultaneously transmitting/receiving], and the first indication information [Par. 0020-0021, 0040, a
frame send to another device to notify the first and second station are operating
simultaneously transmitting/receiving]; and determining, by the third station based on the first indication information, that the first station and the second station support simultaneous transmitting and receiving operations [Par. 0020-0021, 0040 and Fig 2, other device which includes Ref 106 for receiving and determining the first and second station support transmitting/receiving and send ack back]. However, Chen [US 2014/0146716] does not disclose first indication information includes 1-bit information having a value of 0. In the same field of endeavor, Kim [US 2022/0225406] or Jang [US 2023/0422328] discloses 1-bit information having a value of 0 [Par. 0184 for Kim and Par. 0273-0274, STR is zero fog Jang].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising a frame includes a field to indicate the first and second station allow to transmit/receive simultaneous as disclosed by Kim [US 2022/0225406] or Jang[US 2023/0422328] into the teaching of Chen [US 2014/0146716]. The motivation would have been to reduce overhead signaling.
As claims 7 and 16, Chen [US 2014/0146716] discloses the simultaneous transmitting and receiving operations comprise a first operation and a second operation, the first operation being that the second station performs a receiving operation while the first station performs a transmitting operation [Par. 0010, primary for transmitting and aux for receiving], and the second operation being that the second station performs a transmitting operation while the first station performs a receiving operation [Par. 0010, primary for transmitting and aux for receiving].
Claim(s) 3, 5, 8, 12, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen [US 2014/0146716] and Kim [US 2022/0225406] or Jang [US 2023/0422328] as applied to claims 1 and 10 above, and further in view of Huang [US 2019/0335454].
As claims 3, 8, 12 and 17, Chen [US 2014/0146716] and Kim [US 2022/0225406] or Jang [US 2023/0422328] fail to disclose what Huang discloses the first indication information comprises a plurality of pieces of 1-bit information or a plurality pieces of 2-bit information, and one piece of 1-5, bit information or one piece of 2-bit information is used to indicate whether the first station using a first bandwidth and the second station using a second bandwidth support simultaneous transmitting and receiving operations [Par. 0197 disclose each bit indicated channel “bandwidth” of interface “station”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the first indication information comprises a plurality of pieces of 1-bit information or a plurality pieces of 2-bit information, and one piece of 1- bit information or one piece of 2-bit information is used to indicate whether the first station using a first bandwidth and the second station using a second bandwidth support simultaneous transmitting and receiving operations as disclosed by Huang into the teaching of Chen [US 2014/0146716] and Kim [US 2022/0225406] or Jang [US 2023/0422328]. The motivation would have been to improve throughput of system
As claims 5 and 14, Chen [US 2014/0146716] and Kim [US 2022/0225406] fail to disclose what Huang discloses the information element comprises third indication information indicating whether the first station and the second station are located in a same multi- link logical entity of the first multi-link device [Par. 0197 discloses a
bitmap to indicate if the first and second interface are activated, the first and
second is in a same logical station”].
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of claimed invention to apply a method and system for bitmap in the
management frame for indicating the interfaces to be activated as disclosed by Huang into the teaching of Chen. The motivation would have been to improve throughput of system.
Allowable Subject Matter
Claims 4, 9, 13 and 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As claims 4, 9, 13 and 18, the information element comprises second indication information, the second indication information comprising a threshold that indicates a minimum value of a difference between operating frequencies of two links that support the simultaneous transmitting and receiving operations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhou [US 2019/0150214] discloses multi-link setup between the devices.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414
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