DETAILED ACTION
This Office action is a response to an Application No. 18/943,014 filed on 11/26/2024 in which claims 1, 8, and 15 are amended and no claims are canceled nor added.
Accordingly, claims 1-20 are currently pending for examination.
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 .
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 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.
Drawings
The Examiner contends that the drawings submitted on 11/11/2024 are acceptable for examination proceedings.
Specification
The disclosure is objected to because of the following informalities: the status of a reference U.S. Patent Application No. 17/159,611 recited in ¶ [0001] must be updated as “now issued as U.S. Patent Number 12,167,428”.
Appropriate correction is required.
Information Disclosure Statement
The Examiner has considered the reference(s) listed on the Information Disclosure Statement submitted on 11/11/2024.
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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,167,428 (hereinafter ‘428) in view of Patil et al. (US 2018/0184285 A1) hereinafter “Patil”. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in this instant application and the claims in ‘428 disclose the similar features, therefore claims 1-20 in this instant application constitute obvious double patenting over said claims of ‘428.
Regarding pending claim 1, the claimed limitations of said claim 1 are substantially the same as claim 7 of ‘428.
However, ‘428 does not recite parsing the first frame. In the same analogous art, Patil discloses paring the first frame (see ¶ [0120], STA to parse a beacon frame).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide paring the first frame as taught by, in the system of ‘428, so that it would provide STA operating as a TWT STA may identify the BSS color change announcement or that the BSS color is disabled or enable in the beacon frame based on the received indication in the special frame (Patil: see ¶ [0120]).
The table below shows only Example (sample) of how each of the limitations/claims in this instant application is/are similar features with ‘428.
Instant Application No. 18/943,014
U.S. Patent No. 12,167,428 B2
1. A method comprising:
receiving, by a second communications device, a first frame from a first communications device, wherein the first frame comprises an operation element field, wherein the operation element field comprises a channel bandwidth field, a first channel center frequency segment field, a second channel center frequency segment field, and a bitmap for preamble puncture field, wherein the channel bandwidth field indicates a basic service set (BSS) bandwidth, wherein the first channel center frequency segment field and the second channel center frequency segment field indicate a location of an operating channel of a BSS, and wherein each bit status in the bitmap for preamble puncture field indicates whether a subchannel of the operating channel of the BSS is available; and
parsing, by the second communications device, the first frame.
7. A method comprising:
generating a first frame comprising an operation element field, wherein the operation element field comprises a channel bandwidth field, a first channel center frequency segment field, a second channel center frequency segment field, and a bitmap for preamble puncture field, wherein the channel bandwidth field indicates a basic service set (BSS) bandwidth, wherein the first channel center frequency segment field and the second channel center frequency segment field indicate a location of an operating channel of a BSS, and wherein each bit status in the bitmap for preamble puncture field indicates whether a subchannel of the operating channel of the BSS is available; and
sending the first frame.
Claim Rejections - 35 USC § 102
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Verma et al. (US 2019/0327740 A1) hereinafter “Verma”.
Regarding claims 1, 8, and 15, Verma discloses Claim 1 of a method comprising: ; Claim 8 of an apparatus comprising: a memory configured to store instructions; and a processor coupled to the memory and configured to execute the instructions (see FIG. 17; see ¶ [0166], STA may include a processor and memory); and Claim 15 of a non-transitory computer-readable storage medium storing instructions, wherein the instructions are run on a computer, the computer is enabled to perform operation (see ¶ [0221]) comprising:
receiving, by a second communications device, a first frame from a first communications device (see FIG. 8; see ¶ [0061] [0104], the AP may support BSS and periodically broadcast frames (e.g., broadcast frame, beacons, control frames, management frames) to STA), wherein the first frame comprises an operation element field, wherein the operation element field comprises a channel bandwidth field, a first channel center frequency segment field, a second channel center frequency segment field, and a bitmap for preamble puncture field, wherein the channel bandwidth field indicates a basic service set (BSS) bandwidth, wherein the first channel center frequency segment field and the second channel center frequency segment field indicate a location of an operating channel of a BSS, and wherein each bit status in the bitmap for preamble puncture field indicates whether a subchannel of the operating channel of the BSS is available (see FIG. 3; see Table 3.1; see ¶ [0081-89], operation element frame to indicate channel width subfield define the respective BSS bandwidth, channel center frequency segment 0 subfield and channel center frequency segment 1 subfield may define a channel center frequency for 160/80+80 BSS bandwidth for the second class of STAs, puncture status subfield may include puncture status segment 0 subfield and puncture status segment 1 subfield where bits of puncture status segment 0 subfield and puncture statue segment 1 subfield may be set (e.g., by an AP) to indicate puncturing of certain channels or RUs within a channel width indicated by the channel width subfield); and
parsing, by the second communications device, the first frame (see FIG. 8; see ¶ [0105], STAs may identify the second operation information field, and determine a second channel width, frequency segment center frequencies associated with the second channel width, a puncturing scheme, etc.).
Regarding claims 2, 9, and 16, Verma discloses wherein the operation element field is an Extremely High Throughput (EHT) operation information field (see FIG. 3; see ¶ [0081], operation element format 300 may include a second operation information field (e.g., an EHT operation information field)).
Regarding claims 3, 10, and 17, Verma discloses wherein the first frame further comprises a preamble punctured BSS field indicating whether the bitmap for preamble puncture field is present (see ¶ [0081] [0100], operation element format may be used by an AP to indicate different channel widths (e.g., different BSS bandwidths) to different classes of wireless devices (e.g., for improved channel utilization via puncturing schemes)).
Regarding claims 4, 11, and 18, Verma discloses wherein the first frame is a beacon frame (see ¶ [0061] [0104], the AP may support BSS and periodically broadcast frames (e.g., broadcast frame, beacons, control frames, management frames) to STA).
Regarding claims 5 and 12, Verma discloses wherein the first frame is an association response frame (see ¶ [0061] [0104], the AP may support BSS and periodically broadcast frames (e.g., broadcast frame, beacons, control frames, management frames) to STA).
Regarding claims 6, 13, and 19, Verma discloses wherein the subchannel has a subchannel bandwidth of 20 megahertz (MHz) (see ¶ [0085], channel width subfield for 20 MHz).
Regarding claims 7, 14, and 20, Verma discloses wherein the bitmap for preamble puncture field is 2 bytes (see ¶ [0085] [0103], if channel width subfield for 40 MHz is supported, then puncturing scheme may include two 8-bit bitmap).
Conclusion
A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER CHEN whose telephone number is (571)270-7241. The examiner can normally be reached Monday - Friday 8:00am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER CHEN/Primary Examiner, Art Unit 2462
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