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 .
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, 2, 3, 4, 5, 6, 7, 8, 9 ,10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 4, 5, 6, 7, 8. 9. 10, 12, 13, 14, 15, 16, 17, 18, 19 and 20 respectively of U.S. Patent No. 12341581 B2 in view of Kwon et al. (US 20210336752 A1), hereinafter, Kwon.
Said claims of instant application claim the same invention of said patented claims, with the exception of the limitation “the NDP announcement frame including a sounding dialog token field where bits B0 and B1 of the sounding dialog token field are set to binary '0' to indicate the NDP announcement frame should be processed as a very high throughput (VHT) NDP announcement frame” in independent claims 1, 10, 16 and 18. Patented claims 1, 10, 17 and 20 are drawn to a different setting of the bits B0 and B1 and what they indicate.
However, Kwon discloses the NDP announcement frame including a sounding dialog token field where bits B0 and B1 of the sounding dialog token field are set to binary '0' to indicate the NDP announcement frame should be processed as a very high throughput (VHT) NDP announcement frame (Paragraphs [0104], [0106], [0107]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of instant application to have US Patent No. 12341581’s NDP announcement frame including a sounding dialog token field where bits B0 and B1 of the sounding dialog token field be set to binary '0' to indicate the NDP announcement frame should be processed as a very high throughput (VHT) NDP announcement frame as disclosed by Kwon. It would have been obvious so as to identify VHT effectively (Paragraph [0104]).
Claims 18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10 and 16 respectively of U.S. Patent No. 12341581 B2 in view of BarShalom et al. (US 20190075538 A1), hereinafter, Bar-Shalom and further in view of Kwon.
Instant claims 18 and 20 are obvious over patented claims 10 and 16. Although instant claims 18 and 20 are drawn to wireless device to function as a beamformer and patented claims 10 and 16 are drawn to a method performed the beamformer device while in communication with the beamformer device, said claims 19 and 20 are obvious over patented method claims 1 and 7.
Patented claims 10 and 16 do not have limitations drawn radio frequency transceiver; a memory device storing a set of instructions; and a processor coupled to the memory device, wherein the set of instructions when executed by the processor causes the beamformer STA to perform claimed function and the limitation “the NDP announcement frame including a sounding dialog token field where bits B0 and B1 of the sounding dialog token field are set to binary '0' to indicate the NDP announcement frame should be processed as a very high throughput (VHT) NDP announcement frame”.
However, Bar-Shalom discloses radio frequency transceiver (Fig. 7, transceiver 710; see paragraphs [099]-[0106]); a memory device storing a set of instructions; and a processor coupled to the memory device, wherein the set of instructions when executed by the processor causes the beamformer STA to perform claimed functions (See paragraphs [0099]-[0106]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate radio frequency transceiver and a memory device storing a set of instructions and a processor coupled to the memory device, wherein the set of instructions when executed by the processor causes the beamformer STA to perform claimed functions as disclosed by Bar-Shalom. It would have been obvious because Bar-Shalom’s device is an effective wireless beamformer device.
Further, Kwon discloses the NDP announcement frame including a sounding dialog token field where bits B0 and B1 of the sounding dialog token field are set to binary '0' to indicate the NDP announcement frame should be processed as a very high throughput (VHT) NDP announcement frame (Paragraphs [0104], [0106], [0107]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of instant application to have US Patent No. 12341581’s method as modified by Bar-Shalom to have an NDP announcement frame including a sounding dialog token field where bits B0 and B1 of the sounding dialog token field be set to binary '0' to indicate the NDP announcement frame should be processed as a very high throughput (VHT) NDP announcement frame as disclosed by Kwon. It would have been obvious so as to identify VHT effectively (Paragraph [0104]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINEETA S PANWALKAR whose telephone number is (571)272-8561. The examiner can normally be reached M-F 9:00am-5pm.
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/VINEETA S PANWALKAR/Primary Examiner, Art Unit 2635
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