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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,206,613 B2 in view of Chen et al. (US 2020/0177425 A1, provisional application no. 62/801,796), hereinafter referred to as Chen.
Regarding claim 1 of the pending application, claim 1 of US 12,206,613 B2 is directed to substantially same subject matter, except for the feature of an extreme high throughput (EHT) multi-user (MU) Physical Protocol Data Unit (PPDU).
Chen teaches the feature of an extreme high throughput (EHT) multi-user (MU) Physical Protocol Data Unit (PPDU) (Chen – Paragraph [0136], provisional Paragraph [0049], note EHT PPDU may have different formats, such as EHT multi-user (MU) PPDU; Paragraph [0106], provisional Paragraph [0061], note the rate field could be used just for providing early signaling as to the type of EHT packet incoming, like SU, MU, or other type of packet, decoding), which would have been obvious to incorporate into US 12,206,613 B2 in order to allow for early indication of various PPDU types/formats, providing faster decoding (Chen – Paragraph [0135], provisional Paragraph [0061]).
Regarding claim 2 of the pending application, claim 2 of US 12,206,613 B2 is directed to substantially same subject matter.
Regarding claim 3 of the pending application, claim 3 of US 12,206,613 B2 is directed to substantially same subject matter.
Regarding claim 4 of the pending application, claim 4 of US 12,206,613 B2 is directed to substantially same subject matter.
Regarding claim 5 of the pending application, claim 5 of US 12,206,613 B2 is directed to substantially same subject matter, except for the feature of an extreme high throughput (EHT) multi-user (MU) Physical Protocol Data Unit (PPDU).
Chen teaches the feature of an extreme high throughput (EHT) multi-user (MU) Physical Protocol Data Unit (PPDU) (Chen – Paragraph [0136], provisional Paragraph [0049], note EHT PPDU may have different formats, such as EHT multi-user (MU) PPDU; Paragraph [0106], provisional Paragraph [0061], note the rate field could be used just for providing early signaling as to the type of EHT packet incoming, like SU, MU, or other type of packet, decoding), which would have been obvious to incorporate into US 12,206,613 B2 in order to allow for early indication of various PPDU types/formats, providing faster decoding (Chen – Paragraph [0135], provisional Paragraph [0061]).
Regarding claim 6 of the pending application, claim 6 of US 12,206,613 B2 is directed to substantially same subject matter.
Regarding claim 7 of the pending application, claim 7 of US 12,206,613 B2 is directed to substantially same subject matter.
Regarding claim 8 of the pending application, claim 8 of US 12,206,613 B2 is directed to substantially same subject matter, except for the feature of an extreme high throughput (EHT) multi-user (MU) Physical Protocol Data Unit (PPDU).
Chen teaches the feature of an extreme high throughput (EHT) multi-user (MU) Physical Protocol Data Unit (PPDU) (Chen – Paragraph [0136], provisional Paragraph [0049], note EHT PPDU may have different formats, such as EHT multi-user (MU) PPDU; Paragraph [0106], provisional Paragraph [0061], note the rate field could be used just for providing early signaling as to the type of EHT packet incoming, like SU, MU, or other type of packet, decoding), which would have been obvious to incorporate into US 12,206,613 B2 in order to allow for early indication of various PPDU types/formats, providing faster decoding (Chen – Paragraph [0135], provisional Paragraph [0061]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park et al. (US 12,177,014 B2) discloses decoding a PPDU including an EHT-SIG field indicating multi-user PPDU and pattern of preamble puncturing.
Cherian et al. (US 2020/0014576 A1) discloses supporting EHT by assigning multiple resource units in the same MU PPDU to a single STA.
Chen et al. (US 2021/0329637 A1) discloses non-OFDMA generation, transmission, reception, and decoding of EHT MU PPDUs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILOR C HSU whose telephone number is (571)272-1729. The examiner can normally be reached Mon-Fri. 9:00 am - 5:00 pm.
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, Huy Vu can be reached at (571)-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAILOR C HSU/Primary Examiner, Art Unit 2461
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