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 .
The preliminary amendment filed on has been entered. Claims have been cancelled. Claims are pending in this Office action
Oath/Declaration
The Oath or Declaration is being considered by examiner and complies with PTO requirements.
Drawings
The drawings were received on 11/20/2024. These drawings are reviewed and accepted by the Examiner.
Information Disclosure Statement
The information disclosure statements (IDSs), submitted on 11/20/2024, 02/14/2025, 04/01/2025 and 02/23/2026, are in compliance with the provisions of 37 CRR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 11 is objected to because of the following informalities:
Regarding claim 11, line 2, the acronym “AP” should be spelled out.
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 § 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
U.S. Pat. 12,206,471
Instant Apl. 18/953,791
1. A method comprising: communicating, by a wireless communication device, a medium access control (MAC) frame comprising a MAC header, frame body and frame check sequence; the MAC header comprising: a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information; wherein when the control ID value contained in the HT control sub-field is set to a first value, in a case where the MAC frame is a frame of an extremely high throughput (EHT) protocol, the control information contained in the HT control sub-field contains EHT link adaptation parameters for EHT communication; wherein when the control ID value contained in the HT control sub-field is set to the first value, in a case where the MAC frame is a frame of a high efficiency (HE) protocol, the control information contained in the HT control sub-field contains HE link adaptation parameters for HE communication; wherein the first value is 2.
2. The method of claim 1 wherein: the control information includes an unsolicited modulation and coding scheme feedback (MFB) sub-field, a bandwidth sub-field indicating a recommended physical layer protocol data unit (PPDU) bandwidth, and a modulation and coding scheme Request Sequence Identifier (MSI)/PPDU Format, Coding Type) subfield defined as follows: when the unsolicited MFB sub-field is 0, MSI/(PPDU Format, Coding Type) containing MSI; when the unsolicited MFB sub-field is 1, the MSI/(PPDU Format, Coding Type) containing PPDU format and coding type.
3. The method of claim 1, the method further comprising in the case that the MAC frame is a frame of the HE protocol communicating an indication at a physical layer that the MAC frame is a frame of the HE protocol and in the case that the MAC frame is a frame of the EHT protocol communicating an indication at the physical layer that the MAC frame is a frame of the EHT protocol.
4. The method of claim 1 wherein communicating comprises transmitting by an access point (AP).
5. The method of claim 1 wherein communicating comprises receiving by an access point.
6. The method of claim 1 wherein communicating comprises transmitting by a non-access point (AP) station (STA).
7. The method of claim 1 wherein communicating comprises receiving by a non-AP station (STA).
8. The method of claim 1 wherein the HT control sub-field comprises a high efficiency (HE) variant HT control field, the HE variant HT control field including an A-control subfield, wherein the A-control subfield contains said control ID value and said control information.
9. A method comprising: communicating, by a wireless communication device, a medium access control (MAC) frame comprising a MAC header, frame body and frame check sequence; the MAC header comprising: a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information; wherein when the control ID value contained in the HT control sub-field is set to a value of 2, the control information contained in the HT control sub-field contains extremely high throughput (EHT) link adaptation parameters for EHT communication.
10. The method of claim 9 wherein communicating comprises transmitting by an access point (AP).
11. The method of claim 9 wherein communicating comprises receiving by an access point.
12. The method of claim 9 wherein communicating comprises transmitting by a non-access point station (STA).
13. The method of claim 9 wherein communicating comprises receiving by a non-access point station (STA).
14. The method of claim 9 wherein the HT control sub-field comprises a high efficiency (HE) variant HT control field, the HE variant HT control field including an A-control subfield, wherein the A-control subfield contains said control ID value and said control information.
15. An access point comprising a processor and memory, the access point configured to execute a method comprising: communicating, by the access point, a medium access control (MAC) frame comprising a MAC header, frame body and frame check sequence; the MAC header comprising: a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information; wherein when the control ID value contained in the HT control sub-field is set to a first value, in a case where the MAC frame is a frame of an extremely high throughput (EHT) protocol, the control information contained in the HT control sub-field contains EHT link adaptation parameters for EHT communication; wherein when the control ID value contained in the HT control sub-field is set to the first value, in a case where the MAC frame is a frame of a high efficiency (HE) protocol, the control information contained in the HT control sub-field contains HE link adaptation parameters for HE communication; wherein the first value is 2.
16. The access point of claim 15 wherein the HT control sub-field comprises a high efficiency (HE) variant HT control field, the HE variant HT control field including an A-control subfield, wherein the A-control subfield contains said control ID value and said control information.
17. The access point of claim 15 wherein communicating comprises at least one of transmitting or receiving.
18. A non-access point (AP) station comprising a processor and memory, the non-AP station configured to execute a method comprising: communicating, by the non-AP station, a medium access control (MAC) frame comprising a MAC header, frame body and frame check sequence; the MAC header comprising: a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information; wherein when the control ID value contained in the HT control sub-field is set to a first value, in a case where the MAC frame is a frame of an extremely high throughput (EHT) protocol, the control information contained in the HT control sub-field contains EHT link adaptation parameters for EHT communication; wherein when the control ID value contained in the HT control sub-field is set to the first value, in a case where the MAC frame is a frame of a high efficiency (HE) protocol, the control information contained in the HT control sub-field contains HE link adaptation parameters for HE communication; wherein the first value is 2.
19. The non-access point station of claim 18 wherein the HT control sub-field comprises a high efficiency (HE) variant HT control field, the HE variant HT control field including an A-control subfield, wherein the A-control subfield contains said control ID value and said control information.
20. The non-access point station of claim 18 wherein communicating comprises at least one of transmitting or receiving.
1. A processing device coupled to a non-transient computer readable memory storing thereon instructions, that, when executed by the processing device, cause the processing device to perform operations including: communicating an indication at a physical layer, the indication indicating whether a first medium access control (MAC) frame shall be a frame of a high efficiency (HE) protocol or a next generation protocol subsequent to the HE protocol; and communicating the first MAC frame, the first MAC frame comprising a MAC header, a frame body, and a frame check sequence, the MAC header comprising a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information, wherein, when the control ID value contained in the HT control sub-field is set to 2 and when the first MAC frame is an extremely high throughput (EHT) protocol frame, the control information contained in the HT control sub-field contains EHT link adaptation parameters for EHT communication, or wherein, when the control ID value contained in the HT control sub-field is set to 2 and when the first MAC frame is an HE protocol frame, the control information contained in the HT control sub-field contains HE link adaptation parameters for HE communication.
2. The processing device of claim 1, wherein: the control information includes an unsolicited modulation and coding scheme feedback (MFB) sub-field, a bandwidth sub-field indicating a recommended physical layer protocol data unit (PPDU) bandwidth, and a modulation and coding scheme request sequence identifier (MSI)/PPDU Format, Coding Type) subfield defined as follows: when the unsolicited MFB sub-field is o, MSI/(PPDU Format, Coding Type) subfield containing an MSI, or when the unsolicited MFB sub-field is 1, the MSI/(PPDU Format, Coding Type) subfield containing a PPDU format and coding type.
3. The processing device of claim 1, the communicating the indication comprising: when the first MAC frame is the HE protocol frame, communicating the indication at the physical layer indicating that the MAC frame is the HE protocol frame, or when the first MAC frame is the EHT protocol frame, communicating the indication at the physical layer that indicating the MAC frame is the EHT protocol frame.
4. The processing device of claim 1, wherein the communicating the indication and the communicating the first MAC frame comprise outputting for transmission by an access point (AP).
5. The processing device of claim 1, wherein the communicating the indication and the communicating the first MAC frame comprise reading as input at an AP.
6. The processing device of claim 1, wherein the communicating the indication and the communicating the first MAC frame comprise outputting for transmission by a non-AP station (STA).
7. The processing device of claim 1, wherein the communicating the indication and the communicating the first MAC frame comprise reading as input at a non-AP STA.
8. The processing device of claim 1, wherein the HT control sub-field comprises an HE variant HT control field, the HE variant HT control field including an A-control subfield, and wherein the A-control subfield contains the control ID value and the control information.
9. A method at a processing device comprising: communicating, by the processing device, an indication at a physical layer, the indication indicating whether a first medium access control (MAC) frame shall be a frame of a high efficiency (HE) protocol or a next generation protocol subsequent to the HE protocol; and communicating, by the processing device, the first MAC frame comprising a MAC header, a frame body, a and frame check sequence, the MAC header comprising a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information, wherein, when the control ID value contained in the HT control sub-field is set to 2, the control information contained in the HT control sub-field contains extremely high throughput (EHT) link adaptation parameters for EHT communication.
10. The method of claim 9, wherein the communicating the indication and the communicating the first MAC frame comprise outputting for transmission by an access point (AP).
11. The method of claim 9, wherein the communicating the indication and the communicating the first MAC frame comprise reading as input at an AP.
12. The method of claim 9, wherein the communicating the indication and the communicating the first MAC frame comprise outputting for transmission by a non-AP station (STA).
13. The method of claim 9, wherein the communicating the indication and the communicating the first MAC frame comprise reading as input at a non-AP STA.
14. The method of claim 9, wherein the HT control sub-field comprises an HE variant HT control field, the HE variant HT control field including an A-control subfield, and wherein the A-control subfield contains the control ID value and the control information.
15. An access point (AP) comprising a processor and memory, the AP configured to execute operations comprising: communicating an indication at a physical layer, the indication indicating whether a first medium access control (MAC) frame shall be a frame of a high efficiency (HE) protocol or a next generation protocol subsequent to the HE protocol; and communicating the first MAC frame comprising a MAC header, a frame body, and a frame check sequence, the MAC header comprising: a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information, wherein, when the control ID value contained in the HT control sub-field is set to 2 and when the first MAC frame is an extremely high throughput (EHT) protocol frame, the control information contained in the HT control sub-field contains EHT link adaptation parameters for EHT communication, or wherein, when the control ID value contained in the HT control sub-field is set to 2 and when the first MAC frame is an HE protocol frame, the control information contained in the HT control sub-field contains HE link adaptation parameters for HE communication.
16. The AP of claim 15, wherein the HT control sub-field comprises an HE variant HT control field, the HE variant HT control field including an A-control subfield, and wherein the A-control subfield contains the control ID value and the control information.
17. The AP of claim 15, wherein the communicating the indication and the communicating the first MAC frame comprise at least one of outputting for transmission or reading as input.
18. A non-access point (AP) station comprising a processor and memory, the non-AP station configured to execute operations comprising: communicating an indication at a physical layer, the indication indicating whether a first medium access control (MAC) frame shall be a frame of a high efficiency (HE) protocol or a next generation protocol subsequent to the HE protocol; and communicating the first MAC frame comprising a MAC header, a frame body, and a frame check sequence, the MAC header comprising: a high throughput (HT) control sub-field, the HT control sub-field containing a control ID value and control information, wherein, when the control ID value contained in the HT control sub-field is set to 2 and when the first MAC frame is an extremely high throughput (EHT) protocol frame, the control information contained in the HT control sub-field contains EHT link adaptation parameters for EHT communication, or wherein, when the control ID value contained in the HT control sub-field is set to 2 and when the first MAC frame is an HE protocol frame, the control information contained in the HT control sub-field contains HE link adaptation parameters for HE communication.
19. The non-AP station of claim 18, wherein the HT control sub-field comprises a HE variant HT control field, the HE variant HT control field including an A-control subfield, and wherein the A-control subfield contains the control ID value and the control information.
20. The non-AP station of claim 18, wherein the communicating the indication and the communicating the first MAC frame comprise at least one of outputting for transmission or reading as input.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,206,471. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the instant application merely broadens the scope of the claims 1-20 of U.S. Patent 12,206,471 by eliminating the elements and their functions of the claims 1-20 of U.S. Patent 12,206,471. It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd.App.1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yu et al (US 2023/0096177) disclose a PPDU transmission method and related apparatus. L5, 3/4
Suh et al (US 2023/0085190) disclose a link adaption for extremely high throughput systems.
Lopez et al (US 2023/0275627) disclose measurement signals for sensing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAI TRAN whose telephone number is (571)272-3019. The examiner can normally be reached until 4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KHAI TRAN/Primary Examiner, Art Unit 2632
KTFebruary 25, 2026