CTNF 19/025,906 CTNF 84468 DETAILED ACTION Notice of AIA Status 07-03-aia AIA 15-10-aia 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 08-30 AIA A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claims 1 and 3-10 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-9 of co-pending Application No. 19/292,581. Instant Application: 19/025,906 Co-pending Application: 19/292,581 1 . A communication apparatus comprising: a receiver, which, in operation, receives a physical layer protocol data unit (PPDU) with a single frequency resource; and circuitry, which, in operation, processes the PPDU, wherein the PPDU includes a first field, the first field indicating a first number of symbols of a long training field (LTF) for Multiple Input Multiple Output (MIMO) channel estimation in the PPDU, the first number being larger than or equal to a second number of the symbols of the LTF, the second number being determined according to a number of spatial streams (Nss) for the PPDU, and wherein the circuitry processes the PPDU based on the first number. 1 . An integrated circuit for a communication apparatus, the integrated circuit comprising: a receiver, which, in operation, receives a physical layer protocol data unit (PPDU) with a single frequency resource; and circuitry, which, in operation, processes the PPDU, wherein the PPDU includes a first field, the first field indicating a first number of symbols of a long training field (LTF) for Multiple Input Multiple Output (MIMO) channel estimation in the PPDU, the first number being larger than or equal to a second number of the symbols of the LTF, the second number being determined according to a number of spatial streams (Nss) for the PPDU, and wherein the circuitry processes the PPDU based on the first number. 3 . The communication apparatus according to claim 1, wherein the single frequency resource is a single resource unit. 2. The integrated circuit according to claim 1, wherein the single frequency resource is a single resource unit. 4 . The communication apparatus according to claim 1, wherein the PPDU is used for a single user transmission. 3. The integrated circuit according to claim 1, wherein the PPDU is used for a single user transmission. 5 . The communication apparatus according to claim 1, wherein the second number is predetermined in a standard specification. 4. The integrated circuit according to claim 1, wherein the second number is predetermined in a standard specification. 6 . The communication apparatus according to claim 1, wherein the first number is selected from a plurality of candidates. 5. The integrated circuit according to claim 1, wherein the first number is selected from a plurality of candidates. 7. The communication apparatus according to claim 1, wherein the first number is larger than the second number. 6. The integrated circuit according to claim 1, wherein the first number is larger than the second number. 8 . The communication apparatus according to claim 1, wherein: in a first case that the Nss is an even number, the second number is equal to the Nss; and in a second case that the Nss is an odd number other than one, the second number is equal to 1 plus the Nss. 7. The integrated circuit according to claim 1, wherein: in a first case that the Nss is an even number, the second number is equal to the Nss; and in a second case that the Nss is an odd number other than one, the second number is equal to 1 plus the Nss. 9 . The communication apparatus according to claim 1, wherein the first number is set based on a format of the PPDU . 8. The integrated circuit according to claim 1, wherein the first number is set based on a format of the PPDU . 10 . The communication apparatus according to claim 1, wherein the Nss is larger than 8. 9. The integrated circuit according to claim 1, wherein the Nss is larger than 8. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1, 3, 4, 6, 7, 9 and 11 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Chen et al. (US 2016/0366688 A1) . Consider claims 1 and 11: Chen discloses a communication apparatus ( see Fig. 1 and paragraph 0018, where Chen describes a wireless communication system 100 that includes an access point 110 and a wireless station STA 120 ) comprising: a receiver, which, in operation, receives a physical layer protocol data unit (PPDU) ( see Fig. 8B and paragraph 0053, block 860 , where Chen describes that the wireless station STA receives a PPDU ) with a single frequency resource ( see Fig. 2A and paragraph 0038, where Chen describes that one 26-tone frequency resource unit (RU) is used in the PPDU and other RUs are unused ); and circuitry, which, in operation, processes the PPDU ( see Fig. 8B paragraph 0053, block 870 , where Chen describes that the received PPDU is optimized in a process ), wherein the PPDU includes a first field, the first field indicating a first number of symbols of a long training field (LTF) for Multiple Input Multiple Output (MIMO) channel estimation in the PPDU ( see paragraph 0053, where Chen describes that the PPDU includes an indication of a number of high-efficiency Long Training Field (HE-LTF) symbols of a MU-MIMO transmission; see paragraph 0049, where Chen describes that the HE-LTF is used in channel estimation ), the first number being larger than or equal to a second number of the symbols of the LTF ( see paragraph 0053, where Chen describes that the number of HE-LTF symbols may be two , that is larger than one ), the second number being determined according to a number of spatial streams (Nss) for the PPDU ( see Fig. 7 and paragraph 0053, entry 720 , where Chen describes that in case the number of spatial streams is one , the number of HE-LTF symbols is two , the spatial stream is indicated in the PPDU ), and wherein the circuitry processes the PPDU based on the first number ( see Fig. 8B and paragraph 0053, block 870 , where Chen describes that the wireless station STA performs a process of optimizing the indication of the number of HE-LTF symbols, and the number of HE-LTF symbols is indicated in the PPDU ). Consider claim 3: Chen discloses the communication apparatus according to claim 1 above. Chen discloses: the single frequency resource is a single resource unit ( see Fig. 2A and paragraph 0038, where Chen describes that one 26-tone frequency resource unit (RU) is used in the PPDU and other RUs are unused ). Consider claim 4: Chen discloses the communication apparatus according to claim 1 above. Chen discloses: the PPDU is used for a single user transmission ( see Fig. 2A and paragraph 0038, where Chen describes that one 26-tone frequency resource unit (RU) is used in the PPDU and other RUs are unused; see paragraph 0041, where Chen describes that the 26-tone RU is allocated to one user; see Fig. 1 and paragraph 0021, where Chen describes that one wireless station (STA) 120 may be operable ). Consider claim 6: Chen discloses the communication apparatus according to claim 1 above. Chen discloses: the first number is selected from a plurality of candidates ( see paragraph 0049, where Chen describes that the device needs to consider 1/2/4/6/8 HE-LTF symbols ). Consider claim 7: Chen discloses the communication apparatus according to claim 1 above. Chen discloses: the first number is larger than the second number ( see Fig. 7 and paragraph 0053, entry 720 , where Chen describes that there are two HE-LTF symbols and one spatial stream ). Consider claim 9: Chen discloses the communication apparatus according to claim 1 above. Chen discloses: the first number is set based on a format of the PPDU ( see paragraph 0053, where Chen describes that the number of HE-LTF symbols is obtained from the current PPDU which includes an indication of the number of HE-LTF symbols ) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-22-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2016/0366688 A1) , as applied to claim 1 above, and further in view of Elsherif et al. (US 9,743,258 B1) . Consider claim 5: Chen discloses the communication apparatus according to claim 1 above. Chen does not specifically disclose: the second number is predetermined in a standard specification. Elsherif teaches: a second number is predetermined in a standard specification ( see col. 8, lines 4-10, where Elsherif describes a largest number of spatial streams (N SS ) that is supported by one IEEE 802.11 standard ). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to include: the second number is predetermined in a standard specification, as taught by Elsherif to modify the method of Chen in order to determine a maximum group size, as discussed by Elsherif ( see col. 7, lines 65-67 and col. 8, lines 1-10 ) . 07-22-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2016/0366688 A1) , as applied to claim 1 above, and further in view of SEOK (US 2018/0160429 A1) . Consider claim 8: Chen discloses the communication apparatus according to claim 1 above. Chen discloses: in a first case that the Nss is an even number, the second number is equal to the Nss ( see Fig. 7 and paragraph 0053, entry 722 , where Chen describes that in case there are two spatial streams, the number of HE-LTF symbols is two ). Chen does not specifically disclose: in a second case that the Nss is an odd number other than one, the second number is equal to 1 plus the Nss. SEOK teaches: in a second case that a Nss is an odd number other than one, a second number is equal to 1 plus the Nss ( see paragraph 0155, where SEOK describes that when there are K spatial streams and K is an odder number greater than one, the number of HE-LTF symbols may be equal to K+1 ). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to include: in a second case that the Nss is an odd number other than one, the second number is equal to 1 plus the Nss, as taught by SEOK to modify the method of Chen in order to have a specified method for a wideband PPDU transmission in high efficiency, as discussed by SEOK ( see paragraph 0007 ) . 07-22-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2016/0366688 A1) , as applied to claim 1 above, and further in view of Lomayev et al. (US 2018/0026749 A1) . Consider claim 10: Chen discloses the communication apparatus according to claim 1 above. Chen does not specifically disclose: the Nss is larger than 8. Lomayev teaches: a Nss is larger than 8 ( see paragraph 0137, where Lomayev describes a MIMO transmitter which may be configured to support more than eight spatial streams, e.g., 16 spatial streams ). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to include: the Nss is larger than 8, as taught by Lomayev to modify the method of Chen, as choosing from a finite number of different spatial streams is an “obvious to try”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIHONG YU whose telephone number is (571)270-5147. The examiner can normally be reached 10:00 am-6:00 pm EST Monday-Friday. 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, Hannah S. Wang can be reached at (571)272-9018. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LIHONG YU/Primary Examiner, Art Unit 2631 Application/Control Number: 19/025,906 Page 2 Art Unit: 2631 Application/Control Number: 19/025,906 Page 3 Art Unit: 2631 Application/Control Number: 19/025,906 Page 4 Art Unit: 2631 Application/Control Number: 19/025,906 Page 5 Art Unit: 2631 Application/Control Number: 19/025,906 Page 6 Art Unit: 2631 Application/Control Number: 19/025,906 Page 7 Art Unit: 2631 Application/Control Number: 19/025,906 Page 8 Art Unit: 2631 Application/Control Number: 19/025,906 Page 9 Art Unit: 2631 Application/Control Number: 19/025,906 Page 10 Art Unit: 2631 Application/Control Number: 19/025,906 Page 11 Art Unit: 2631 Application/Control Number: 19/025,906 Page 13 Art Unit: 2631 Application/Control Number: 19/025,906 Page 14 Art Unit: 2631
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