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 .
Specification
The specification amendment submitted on 04/18/2025 which added the cross-reference to related applications has been accepted.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: SIMULTANEOUS DATA TRANSMISSION BETWEEN AN ACCESS POINT AND A PLURALITY OF STATIONS
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 21-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 10085243, hereinafter “Patent’243”.
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’458.
Regarding claims 21-22, Patent’243 discloses A wireless communication terminal [see claim 1] comprising:
a transceiver; and [see claim 1]
a processor, [see claim 1]
wherein the processor is configured to:
receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point [see claim 1; wherein the processor receives, through the transceiver, a first control frame which reserves a channel for a transmission between a transmission terminal and a first plurality of wireless communication terminals and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the transmission terminal, at least one of terminal identifier fields included in the first control frame indicates the wireless communication terminal, wherein the terminal identifier fields include a plurality of association identifiers, wherein each of the plurality of association identifiers respectively identifies the each of the first plurality of wireless communication terminals],
transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal [see claim 1; transmits, by using the transceiver, a second control frame in response to the first control frame through a channel allocated to the wireless communication terminal which is indicated by the information to the transmission terminal when at least one of terminal identifier fields included in the first control frame indicates the wireless communication terminal, wherein the terminal identifier fields include a plurality of association identifiers, wherein each of the plurality of association identifiers respectively identifies the each of the first plurality of wireless communication terminals], and
receive, by using the transceiver, a data frame within the reserved channel [see claim 1; receives, through the transceiver, a data frame which is transmitted based on the second control frame],
wherein an inter-frame space between the first control frame and the second control frame is the predetermined time [see claims 3-4; wherein the processor transmits the second control frame to the transmission terminal, when the channel allocated to the wireless communication terminal is idle for a predetermined time from a time point at which the first control frame is received; wherein the predetermined time is a Short Inter-Frame Space(SIFS)].
Claims 21-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 10708890, hereinafter “Patent’890” in view of Chu et al. (US 2015/0146808 A1, hereinafter “Chu”).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’890 by adding the well-known elements and functions as set forth below.
Regarding claims 21-22, Patent’890 discloses A wireless communication terminal [see claim 1] comprising:
a transceiver; and [see claim 1]
a processor, [see claim 1]
wherein the processor is configured to:
receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point [see claim 1; receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point],
transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal [see claim 1; transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle and at least one of the terminal identifier fields indicates the wireless communication terminal], and
wherein an inter-frame space between the first control frame and the second control frame is the predetermined time [see claims 2-3; wherein the processor transmits the second control frame to the access point, when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time from a time point at which the first control frame is received and at least one of terminal identifier fields included in the first control frame indicates the wireless communication terminal; wherein the predetermined time is a Short Inter-Frame Space(SIFS)].
Patent’890 does not explicitly disclose receive, by using the transceiver, a data frame within the reserved channel.
However, Chu teaches receive, by using the transceiver, a data frame within the reserved channel [see Fig. 8A, step 809, para. 78-79; client station receives a data frame within a reserved channel].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “receive, by using the transceiver, a data frame within the reserved channel”, as taught by Chu, into the system of Patent’890 so that it would provide a frame exchange between an AP and a plurality of client stations [see Chu, para. 78].
Claims 21-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 10893511, hereinafter “Patent’511” in view of Chu et al. (US 2015/0146808 A1, hereinafter “Chu”).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’511 by adding the well-known elements and functions as set forth below.
Regarding claims 21-22, Patent’511 discloses A wireless communication terminal [see claim 1] comprising:
a transceiver; and [see claim 1]
a processor, [see claim 1]
wherein the processor is configured to:
receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point [see claim 1; receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point, wherein a receiver address of the first control frame is a group address which indicates a second plurality of wireless communication terminals including the first plurality of wireless communication terminals, wherein the terminal identifier fields include a plurality of association identifiers, wherein each of the plurality of association identifiers respectively identifies the each of the first plurality of wireless communication terminals],
transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal [see claim 1; transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal], and
wherein an inter-frame space between the first control frame and the second control frame is the predetermined time [see claims 1-2; wherein a inter-frame space between the first control frame and the second control frame is the predetermined time; wherein the predetermined time is a Short Inter-Frame Space (SIFS)].
Patent’511 does not explicitly disclose receive, by using the transceiver, a data frame within the reserved channel.
However, Chu teaches receive, by using the transceiver, a data frame within the reserved channel [see Fig. 8A, step 809, para. 78-79; client station receives a data frame within a reserved channel].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “receive, by using the transceiver, a data frame within the reserved channel”, as taught by Chu, into the system of Patent’511 so that it would provide a frame exchange between an AP and a plurality of client stations [see Chu, para. 78].
Claims 21-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 11350390, hereinafter “Patent’390” in view of Chu et al. (US 2015/0146808 A1, hereinafter “Chu”).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’390 by adding the well-known elements and functions as set forth below.
Regarding claims 21-22, Patent’390 discloses A wireless communication terminal [see claim 1] comprising:
a transceiver; and [see claim 1]
a processor, [see claim 1]
wherein the processor is configured to:
receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point [see claim 1; receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point, wherein a receiver address of the first control frame is a group address which indicates a second plurality of wireless communication terminals including the first plurality of wireless communication terminals, wherein the terminal identifier fields include a plurality of association identifiers, wherein each of the plurality of association identifiers respectively identifies the each of the first plurality of wireless communication terminals],
transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal [see claim 1; transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle and at least one of the terminal identifier fields indicates the wireless communication terminal], and
wherein an inter-frame space between the first control frame and the second control frame is the predetermined time [see claims 1-2; wherein a inter-frame space between the first control frame and the second control frame is a predetermined time; wherein the predetermined time is a Short Inter-Frame Space (SIFS)].
Patent’390 does not explicitly disclose receive, by using the transceiver, a data frame within the reserved channel.
However, Chu teaches receive, by using the transceiver, a data frame within the reserved channel [see Fig. 8A, step 809, para. 78-79; client station receives a data frame within a reserved channel].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “receive, by using the transceiver, a data frame within the reserved channel”, as taught by Chu, into the system of Patent’390 so that it would provide a frame exchange between an AP and a plurality of client stations [see Chu, para. 78].
Claims 21-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 11844072, hereinafter “Patent’072” in view of Chu et al. (US 2015/0146808 A1, hereinafter “Chu”).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’072 by adding the well-known elements and functions as set forth below.
Regarding claims 21-22, Patent’072 discloses A wireless communication terminal [see claim 1] comprising:
a transceiver; and [see claim 1]
a processor, [see claim 1]
wherein the processor is configured to:
receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point [see claim 1; receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point, wherein a receiver address of the first control frame is a group address which indicates a second plurality of wireless communication terminals including the first plurality of wireless communication terminals, wherein the terminal identifier fields include a plurality of association identifiers, wherein each of the plurality of association identifiers respectively identifies the each of the first plurality of wireless communication terminals],
transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal [see claim 1; transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal].
Patent’072 does not explicitly disclose receive, by using the transceiver, a data frame within the reserved channel, and wherein an inter-frame space between the first control frame and the second control frame is the predetermined time.
However, Chu teaches receive, by using the transceiver, a data frame within the reserved channel [see Fig. 8A, step 809, para. 78-79; client station receives a data frame within a reserved channel], and wherein an inter-frame space between the first control frame and the second control frame is the predetermined time [see para. 80; an interframe space (e.g., SIFS)].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “receive, by using the transceiver, a data frame within the reserved channel, and wherein an inter-frame space between the first control frame and the second control frame is the predetermined time”, as taught by Chu, into the system of Patent’072 so that it would provide a frame exchange between an AP and a plurality of client stations [see Chu, para. 78].
Claims 21-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12382458, hereinafter “Patent’458” in view of Chu et al. (US 2015/0146808 A1, hereinafter “Chu”).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’458 by adding the well-known elements and functions as set forth below.
Regarding claims 21-22, Patent’458 discloses A wireless communication terminal [see claim 1] comprising:
a transceiver; and [see claim 1]
a processor, [see claim 1]
wherein the processor is configured to:
receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point [see claim 1; receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point, wherein a receiver address of the first control frame is a group address which indicates a second plurality of wireless communication terminals including the first plurality of wireless communication terminals, wherein the terminal identifier fields include a plurality of association identifiers, wherein each of the plurality of association identifiers respectively identifies the each of the first plurality of wireless communication terminals],
transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal [see claim 1; transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal], and
wherein an inter-frame space between the first control frame and the second control frame is the predetermined time [see claim 1; wherein an inter-frame space between the first control frame and the second control frame is the predetermined time].
Patent’458 does not explicitly disclose receive, by using the transceiver, a data frame within the reserved channel.
However, Chu teaches receive, by using the transceiver, a data frame within the reserved channel [see Fig. 8A, step 809, para. 78-79; client station receives a data frame within a reserved channel].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “receive, by using the transceiver, a data frame within the reserved channel”, as taught by Chu, into the system of Patent’458 so that it would provide a frame exchange between an AP and a plurality of client stations [see Chu, para. 78].
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. Moreover, the doctrine of double patenting seeks to prevent the unjustified extension of patent exclusivity beyond the term of a patent.
Claim Rejections - 35 USC § 102
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.
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)(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.
(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 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu et al. (US 2015/0131517 A1, hereinafter “Chu’517”).
Regarding claims 21-22, Chu’517 discloses A wireless communication terminal [see Fig. 1, para. 46-47; a client station 25-1] comprising:
a transceiver [see Fig. 1, para. 46-47; transceiver 30]; and
a processor [see Fig. 1, para. 46-47; MAC processing unit 28 and PHY processing unit 29],
wherein the processor is configured to:
receive, through the transceiver, a first control frame which reserves a channel for a transmission between an access point and a first plurality of wireless communication terminals, includes terminal identifier fields, and includes information on each of channels respectively allocated to each of the first plurality of wireless communication terminals, from the access point [see Fig. 14A, para. 125; the AP 14 transmits a scheduling frame 1404 to a plurality of client stations 25. The scheduling frame 1404 includes downlink channel allocation information for the plurality of client stations 25. The scheduling frame 1404 indicates that a first 20 MHz sub-channel is allocated to a first client stations 25 (STA1), a first portion of a second 20 MHz sub-channel is allocated to a second client stations 25 (STA2), a second portion of the second 20 MHZ sub-channel is allocated to a fourth client station 25 (STA4), and a 40 MHz sub-channel that includes a third 20 MHZ sub-channel and fourth 20 MHz sub-channel is allocated to a third client station 25 (STA3). In an embodiment, the scheduling frame 1402 includes the OFDMA downlink scheduling element 700 of FIG. 7A. In an embodiment, the respective channel subfields corresponding to the AID of STA 2 and AID of STA 4 are set to indicate that the second 20 MHz channel is allocated to each of STA1 and STA2],
transmit, by using the transceiver, a second control frame in response to the first control frame to the access point through a channel allocated to the wireless communication terminal which is indicated by the information when the wireless communication terminal determines that the channel allocated to the wireless communication terminal is idle for a predetermined time and at least one of the terminal identifier fields indicates the wireless communication terminal [see Fig. 14A, para. 127; client stations STA1, STA3 and STA4 transmit respective acknowledgement (ACK) frame 1408 to the AP 14 as part of an OFDMA transmission to the AP 14, ACK frames 1408 are transmitted in the respective sub-channels allocated to the client stations STA1, STA3 and STA4 indicated in the scheduling frame 1402. Client station STA2 does not transmit an ACK frame immediately (e.g., after SIFS)], and
receive, by using the transceiver, a data frame within the reserved channel [see Fig. 14A, para. 126; client stations STA1, STA3 and STA4 receive a data unit within the reserved channel],
wherein an inter-frame space between the first control frame and the second control frame is the predetermined time [see para. 127; the SIFS is the predetermined time according to the ACK policy].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T. LE whose telephone number is (571)270-5615. The examiner can normally be reached on M-F 9:30AM-6:00PM.
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/BRIAN T LE/Primary Examiner, Art Unit 2469
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