DETAILED ACTION
Claim 1 has been cancelled. Claims 2-21 have been added. Claims 2-21 have been examined.
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 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,200,765. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 18976051
Patent 12,200,765
2. A first apparatus for communication, comprising: a processing system configured to: obtain a first training field sequence of a packet via at least a first radio frequency sub-band of a plurality of radio frequency sub-bands, and obtain a second training field sequence of the packet via at least a second radio frequency sub-band of the plurality of radio frequency sub-bands, wherein the at least a second radio frequency sub-band is different from the at least a first radio frequency sub-band, and wherein the second training field sequence is a duplicate of the first training field sequence.
1. A first apparatus for communication, comprising: an interface; and a processing system configured to: obtain, via the interface, training field information associated with a packet from a second apparatus over at least two radio frequency sub-bands of a plurality of radio frequency sub-bands, wherein the training field information comprises a training field sequence that is duplicated over each of the at least two radio frequency sub-bands, obtain, via the interface, payload information associated with the packet over the plurality of radio frequency sub-bands, wherein the payload information comprises payload data that is duplicated over each of the plurality of radio frequency sub-bands, combine the payload data duplicated over each of the plurality of radio frequency sub-bands to provide combined payload data, and output the combined payload data via the interface.
3. The first apparatus of claim 2, wherein each radio frequency sub-band of the plurality of radio frequency sub-bands comprises a 20 MHz bandwidth.
2. The first apparatus of claim 1, wherein each radio frequency sub-band of the plurality of radio frequency sub-bands comprises a 20 MHz bandwidth.
4. The first apparatus of claim 2, wherein each of the at least a first radio frequency sub-bands of the plurality of radio frequency sub-bands and the at least a second radio frequency sub-bands of the plurality of radio frequency sub-bands comprises two radio frequency sub-bands, four radio frequency sub-bands, or eight radio frequency sub-bands.
3. The first apparatus of claim 1, wherein the at least two radio frequency sub-bands of the plurality of radio frequency sub-bands comprise two radio frequency sub-bands, four radio frequency sub-bands, eight radio frequency sub-bands, or sixteen radio frequency sub-bands.
5. The first apparatus of claim 2, wherein the at least a first radio frequency sub-bands of the plurality of radio frequency sub-bands and the at least a second radio frequency sub-bands of the plurality of radio frequency sub-bands collectively comprise fewer radio frequency sub-bands than the plurality of radio frequency sub-bands.
4. The first apparatus of claim 1, wherein the at least two radio frequency sub-bands of the plurality of radio frequency sub-bands comprise fewer radio frequency sub-bands than the plurality of radio frequency sub-bands.
6. The first apparatus of claim 2, wherein the processing system is further configured to: detect the packet based on a threshold associated with how many radio frequency sub-bands are included in the at least a first radio frequency sub-bands of the plurality of radio frequency sub-bands and the at least a second radio frequency sub-bands of the plurality of radio frequency sub-bands.
5. The first apparatus of claim 1, wherein the processing system is further configured to: detect the packet based on a threshold associated with how many radio frequency sub-bands are included in the at least two radio frequency sub-bands.
7. The first apparatus of claim 2, wherein the processing system is further configured to: use a first threshold to detect the packet on two radio frequency sub-bands of the plurality of radio frequency sub-bands; use a second threshold, different from the first threshold, to detect the packet on four radio frequency sub-bands of the plurality of radio frequency sub-bands; use a third threshold, different from the first threshold and the second threshold, to detect the packet on eight radio frequency sub-bands of the plurality of radio frequency sub-bands; and use a fourth threshold, different from the first threshold, the second threshold, and the third threshold, to detect the packet on sixteen radio frequency sub-bands of the plurality of radio frequency sub-bands.
6. The first apparatus of claim 1, wherein the processing system is further configured to: use a first threshold for detecting the packet over two radio frequency sub-bands of the plurality of radio frequency sub-bands; use a second threshold different from the first threshold for detecting the packet over four radio frequency sub-bands of the plurality of radio frequency sub-bands; use a third threshold different from the first threshold for detecting the packet over eight radio frequency sub-bands of the plurality of radio frequency sub-bands; and use a fourth threshold different from the first threshold for detecting the packet over sixteen radio frequency sub-bands of the plurality of radio frequency sub-bands.
8. The first apparatus of claim 2, wherein at least one of: the processing system is further configured to output the packet independent of very high throughput (VHT) training field information or VHT signal information; or the packet is a request-to-send packet, a clear-to-send packet, or an acknowledgement packet.
7. The first apparatus of claim 1, wherein: the processing system is further configured to output the packet independent of very high throughput (VHT) training field information or VHT signal information; and the packet is a request-to-send packet, a clear-to-send packet, or an acknowledgement packet.
9. The first apparatus of claim 2, wherein each of the first training field sequence and the second training field sequence comprises legacy short training field information and legacy long training field information.
8. The first apparatus of claim 1, wherein the training field information comprises legacy short training field information and a legacy long training field information.
10. The first apparatus of claim 9, wherein the processing system is further configured to: combine the legacy short training field information of each of the first training field sequence and the second training field sequence to obtain automatic gain control information; decode the legacy long training field information of each of the first training field sequence and the second training field sequence based on the automatic gain control information to obtain synchronization information; and obtain payload data of the packet based on the synchronization information.
9. The first apparatus of claim 8, wherein the processing system is further configured to: combine the legacy short training field information duplicated over the at least two radio frequency sub-bands to obtain automatic gain control information; decode the legacy long training field information based on the automatic gain control information to obtain synchronization information; and obtain the payload data based on the synchronization information.
11. The first apparatus of claim 2, further comprising: a receiver configured to receive the first training field sequence and the second training field sequence, wherein the first apparatus is configured as a wireless node.
10. The first apparatus of claim 1, further comprising: a receiver configured to receive the training field information and the payload information, wherein the first apparatus is configured as a wireless node.
12. A first apparatus for communication, comprising: a processing system configured to: obtain first training field information of a first packet detected on a first quantity of radio frequency sub-bands of a plurality of radio frequency sub-bands by use of a first packet detection threshold that is associated with the first quantity of radio frequency sub-bands, and obtain second training field information of a second packet detected on a second quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands by use of a second packet detection threshold that is associated with the second quantity of radio frequency sub-bands, wherein the second quantity of radio frequency sub-bands is different from the first quantity of radio frequency sub-bands, and wherein the second packet detection threshold is different from the first packet detection threshold.
11. A first apparatus for communication, comprising: an interface; and a processing system configured to: obtain, via the interface, a signal indicative of a protocol data unit bandwidth used by a second apparatus, select a set of radio frequency sub-bands of a plurality of radio frequency sub-bands, including a first quantity of radio frequency sub-bands and a second quantity of radio frequency sub-bands, based on the protocol data unit bandwidth used by the second apparatus, detect signals on the set of radio frequency sub-bands, obtain, via the interface, first training field information associated with a first packet detected over the first quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands using a first packet detection threshold, and obtain, via the interface, second training field information associated with a second packet detected over the second quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands using a second packet detection threshold, wherein the second quantity of radio frequency sub-bands is different from the first quantity of radio frequency sub-bands, and wherein the second packet detection threshold is different from the first packet detection threshold.
13. The first apparatus of claim 12, wherein the processing system is further configured to: obtain third training field information of a third packet detected on a third quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands by use of a third packet detection threshold that is associated with the third quantity of radio frequency sub-bands, wherein: the third quantity of radio frequency sub-bands is different from the first quantity of radio frequency sub-bands and the second quantity of radio frequency sub-bands, and the third packet detection threshold is different from the first packet detection threshold and the second packet detection threshold.
12. The first apparatus of claim 11, wherein the processing system is further configured to: obtain, via the interface, third training field information associated with a third packet detected over a third quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands using a third packet detection threshold, wherein the third quantity of radio frequency sub-bands is different from the first quantity of radio frequency sub-bands, and wherein the third packet detection threshold is different from the third-first packet detection threshold.
14. The first apparatus of claim 12, wherein the processing system is further configured to: obtain fourth training field information of a fourth packet detected on a fourth quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands by use of a fourth packet detection threshold that is associated with the fourth quantity of radio frequency sub-bands, wherein: the fourth quantity of radio frequency sub-bands is different from the first quantity of radio frequency sub-bands, the second quantity of radio frequency sub-bands, and the third quantity of radio frequency sub-bands, and the fourth packet detection threshold is different from the first packet detection threshold, the second packet detection threshold, and the third packet detection threshold.
13. The first apparatus of claim 12, wherein the processing system is further configured to: obtain, via the interface, fourth training field information associated with a fourth packet detected over a fourth quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands using a fourth packet detection threshold, wherein the fourth quantity of radio frequency sub-bands is different from the first quantity of radio frequency sub-bands, and wherein the fourth packet detection threshold is different from the third-first packet detection threshold.
15. The first apparatus of claim 12, wherein the processing system is configured to: obtain a signal indicative of a protocol data unit bandwidth used by a second apparatus; select a set of radio frequency sub-bands of the plurality of radio frequency sub-bands from the first quantity of radio frequency sub-bands and the second quantity of radio frequency sub-bands based on the protocol data unit bandwidth used by the second apparatus; and detect signals on the set of radio frequency sub-bands.
11. A first apparatus for communication, comprising: an interface; and a processing system configured to: obtain, via the interface, a signal indicative of a protocol data unit bandwidth used by a second apparatus, select a set of radio frequency sub-bands of a plurality of radio frequency sub-bands, including a first quantity of radio frequency sub-bands and a second quantity of radio frequency sub-bands, based on the protocol data unit bandwidth used by the second apparatus, detect signals on the set of radio frequency sub-bands, obtain, via the interface, first training field information associated with a first packet detected over the first quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands using a first packet detection threshold, and obtain, via the interface, second training field information associated with a second packet detected over the second quantity of radio frequency sub-bands of the plurality of radio frequency sub-bands using a second packet detection threshold, wherein the second quantity of radio frequency sub-bands is different from the first quantity of radio frequency sub-bands, and wherein the second packet detection threshold is different from the first packet detection threshold.
16. The first apparatus of claim 12, wherein the processing system is configured to: perform signal detection on each radio frequency sub-band of the plurality of radio frequency sub-bands to obtain an indication of a packet bandwidth used by a second apparatus; and detect training field signals on the packet bandwidth used by the second apparatus.
14. The first apparatus of claim 11, wherein the processing system is configured to: perform signal detection on each radio frequency sub-band of the plurality of radio frequency sub-bands to realize a packet bandwidth used by the second apparatus; and detect training field signals over the packet bandwidth used by the second apparatus.
17. The first apparatus of claim 12, further comprising: a receiver configured to receive the first training field information and the second training field information, wherein the first apparatus is configured as a wireless node.
15. The first apparatus of claim 11, further comprising: a receiver configured to receive the first training field information and the second training field information, wherein the first apparatus is configured as a wireless node.
18. A first apparatus for communication, comprising: a processing system configured to: output a first training field sequence of a packet via at least a first radio frequency sub-band of a plurality of radio frequency sub-bands, and output a second training field sequence of the packet via at least a second radio frequency sub-band of the plurality of radio frequency sub-bands, wherein the at least a second radio frequency sub-band is different from the at least a first radio frequency sub-band, and wherein the second training field sequence is a duplicate of the first training field sequence.
16. A first apparatus for communication, comprising: an interface; and a processing system configured to: output, via the interface for transmission to a second apparatus, training field information of a packet over at least two radio frequency sub-bands of a plurality of radio frequency sub-bands, and output, via the interface for transmission to the second apparatus, payload information associated with the packet over the plurality of radio frequency sub-bands, wherein the payload information is duplicated over each of the plurality of radio frequency sub-bands.
19. The first apparatus of claim 18, wherein each radio frequency sub-band of the plurality of radio frequency sub-bands comprises a 20 MHz bandwidth.
17. The first apparatus of claim 16, wherein each radio frequency sub-band of the plurality of radio frequency sub-bands comprises a 20 MHz bandwidth.
20. The first apparatus of claim 18, wherein: the plurality of radio frequency sub-bands comprises a 320 MHz bandwidth; and the at least a first radio frequency sub-bands of the plurality of radio frequency sub-bands and the at least a second radio frequency sub-bands of the plurality of radio frequency sub-bands each comprise a 40 MHz bandwidth, a 80 MHz bandwidth, or a 160 MHz bandwidth.
18. The first apparatus of claim 16, wherein: the plurality of radio frequency sub-bands comprises a 320 MHz bandwidth; and the at least two radio frequency sub-bands of the plurality of radio frequency sub-bands comprises a 40 MHz bandwidth, a 80 MHz bandwidth, a 160 MHz bandwidth, or the 320 MHz bandwidth.
21. The first apparatus of claim 18, wherein at least one of: each of the first training field sequence and the second training field sequence comprises legacy short training field information and legacy long training field information; the processing system is further configured to output the packet independent of very high throughput (VHT) training field information or VHT signal information; or the packet is a request-to-send packet, a clear-to-send packet, or an acknowledgement packet.
19. The first apparatus of claim 16, wherein at least one of: the training field information comprises legacy short training field information and legacy long training field information; the processing system is further configured to output the packet independent of very high throughput (VHT) training field information or VHT signal information; or the packet is a request-to-send packet, a clear-to-send packet, or an acknowledgement packet.
As can be seen from the table above, claims 1-19 of patent 12,200,765 disclose claims 2-21 of application 18/976,051. Applicant should file a terminal disclaimer to overcome the double patenting rejection.
Conclusion
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FAIYAZKHAN GHAFOERKHAN
Primary Examiner
Art Unit 2476
/FAIYAZKHAN GHAFOERKHAN/Primary Examiner, Art Unit 2476