UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/619,081
`
`06/09/2017
`
`LEI HUANG
`
`731156.621C1
`
`9983
`
`S eed IP Law Group LLP/Panas on1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`KAVLES KL RYAN C
`
`ART UNIT
`
`2412
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/20/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/619,081
`Examiner
`RYAN c KAVLESKI
`
`Applicant(s)
`HUANG etal.
`Art Unit
`2412
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 6/25/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—10 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—7 and 9—10 is/are rejected.
`
`Claim(s) § is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10):] The specification is objected to by the Examiner.
`
`11):] The drawing(s) filed on
`
`is/are: a)C] accepted or b)Ej objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190812
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 2
`
`DETAILED ACTION
`
`In response to communication filed on 6/25/2019.
`
`Claims 1-10 are pending.
`
`Claims 1-7, 9 and 10 are rejected.
`
`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.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 6/25/2019 has been entered.
`
`Response to Amendments
`
`This communication is in response to Applicant’s reply filed under 3 CFR 1.111 on 6/25/2019.
`
`Claims 1 and 10 were amended and claims 1-10 remain pending.
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 3
`
`Claims 1-7, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable Zhang et al. (US
`
`Pub. 2010/0260159)(21 hereafter) in view of Efimov et al. (US Patent No. 8,271,850) in further view of
`
`Rajagopal et al. (US Pub. 2015/0282068)(R1 hereafter).
`
`Regarding ciaims 1, and 10, 21 teaches a wireiess communicatieh device {ie access pointiireier
`
`Fig. 1; 14} comprising:
`
`a physicai iayer protocoi data unit (PPDU)(i.e. data unitiire'ier Fig. 5} generation circuitry
`
`(ie. PHY unitiirefer Fig. 1; liliiithe PHY unit of the access point generates data unitsiiparagraph
`
`0069}, which in operatien, generates a PPSU inciuriing a iegacy nreamhie (Le. iegacy Short
`
`training fieid (i.~5TF33[refer Fig. 5; 1041iparagraph 0074}, a iegacy header (ie. iegacy signai fieid
`
`it~5i633irefer Fig. 5; 1121(paragraph 002M}, a nen~iegacy header he very high throughput signai
`
`tieid (Vi-iT-Sifiiiireter Fig. 5; 116 and l20}[paragraeh 0074}, a data tieid {refer Fig. 5; 140}; and
`
`a transmission circuitry (refer Fig. 1; 21}, which in operation, transmits the PPBU
`
`{paragraph 0069}.
`
`However 21 the transn‘iiasion circuitry inciudea an encoding circuitry, and the encoding
`
`circuitry, in oeeratien, nerterms Lew Density Parityi Check (LDPC) encoding on the PPDU by
`
`encoding the iegacy header and the ncan~iegacy header to generate a first codewcird.
`
`E1 discieses the use of an encoder for creating a iew density parity check {LDPC}
`
`codeword tcsr measage transmissicih, in which message bits are ehccaded into a cedewerd
`
`{coiumn 2 iines 27-40}.
`
`it wouid have been obviotsa to one of ordinary skiii in the art hefere the effective fiiing
`
`date of the ciairried invention to modify the teachings at 21 to incornerate an encoder for
`
`performing iow density parity check {LDPC} codeword encciding on messages as taught by E1.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 4
`
`One wodid he motivate to do so to provide a tyne of encoding scheme that is accurate and fast
`
`without requiring significant comoiexitv {refer E1; coinrnn 1 fines 42—46} to the transmission of a
`
`ohysicai data unit (Le. message) comprising iegacy and high throughput (Le. nonuiegacy)
`
`headers taught by 21,
`
`However 21 in view of E3. faiis to disciose the nondegacy header in the first. codeword
`
`inciuding a tieici indicating a channei bandwidth
`
`Ri. discioses a variahie bandwidth niode irhoiernentation for wireiess coninninications
`
`using a preamhie sequence, such as a Goiay secgtience [paragraph 0112}, the bandwidth used
`
`for the oayioad can he indicated in the header (ire. non—iegacy headerfloaragraoh {nae},
`
`it wouid have been obvious to one of ordinarv skiii in the art before the effective fiiing
`
`date of the ciairned invention to modify the teachings of 2?}. to incorporate identification of
`
`bandwidths as taught by R1. One weoid be motivated to do so to provide an advantage of
`
`fiexihiiitv for providing bandwidths for different oreamhie Sequences {refer R1; paragraph
`
`0115}
`
`Regarding ciaim 2, 21 teaches the non-iegacv header inciudes identification information he.
`
`reserved hitiiresertred bit is used to signai to a device configured according to a communication
`
`protocei that the data unit conforms to said protecoifloaragraeh @082}, and the identification
`
`information indicates that the non~iegacy header is incitaded in the generated PPBU {reserved
`
`hit is used to signai to a device configured according to a communication orotocoi that the data
`
`unit conforms to said protocoifloaragraoh 0082] and is format identification information
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 5
`
`inciuded in a tea portion of the hers—Eegaey header {the reserved bit is imitated withih the VFW
`
`SEGZ data fieid (Le. tap pertiehiiiparagraph 0682},
`
`Regarding ciaim 3, 21 teaches the hon— iegacy header is diseased (Le. ibcated) immediatedi
`
`after the legacy header in the PPDU {Vi-iT—SEG fieid i5 iettated after the L—SEG fieidflrefer Fig. S;
`
`116}
`
`Regarding ciaim 4, aithough Zl teaches the format identification infermatibh is individdaiiy
`
`deacribed in the nendegacy header (the ineduiatidh and cedihg scheme 'iieid is in the VHT~SEG1
`
`iieidiirefer Fig. 5; llfiiiparagraph 0879}, 21 tails to disciose the fieid indicating the chanhei
`
`bandwidth is iridividuaiiy deacribed in the non»iegacy header.
`
`R1 diseieses a variabie bandwidth mode imbiemehtatien tea" wireiess communicatiehs
`
`aging a oreambie sequence, such a5 a Geiay sequence [paragrabh {3112], the bandwidth deed
`
`for the payiead can be indicated in the header (Le. non-iegacy headeriiparagrabh @116}.
`
`it weuid have been obvious tb me at ordinary skiii in the art before the effective fiiihg
`
`date at" the ciaimed inventien to medity the teachings of 21 te ihcerporate identificatien Cit
`
`bandwidths a5 taught by R1. One wouid be metivated to do 50 to previde an advantage at
`
`tiexibiiity fer providing bandwidths for different breambie sequences {refer R1; paragraph
`
`0115}
`
`Regarding ciairn 5, aitheugh 21 teaches the fdrmat identificatieh information is described in a
`
`singie fieid in the non-iegacy header (the moduiation and ceding scheme fieid is in the tit-ET»
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 6
`
`Sit'ifi, iieidiirefer Figs 5; llfiimaragranh {3079}, Zfi. taiis tn disciese the fermat ider‘atification and
`
`the iieid indicating the chanhei bandwidth are jeihtiy described in a single fieid in the new
`
`iegacy header,
`
`R1 discieses a variahie bandwidth made imoiernentatien fer wireiess communications
`
`using a nrearnhie sequence, such as a Geiay sequence [naragranh 0112], the handwidth used
`
`for the oayiead can he indicated in the header (Le. nen—iegacy headerfloaragraph 0115].
`
`it weuid have been nhvions tn one at ordinary skill in the art hefere the effective fiiing
`
`date at the ciairned invention to medify the teachings 0f 21 te incerperate identificatien at
`
`bandwidths as taught by R1. {Zine wonid he rnetivated tn dn so tn provide an advantage of
`
`iiexihiiity fer providing bandwidths for different oreamhie sequences {refer R1; paragraph
`
`0116}
`
`Regarding ciaim 6, 21 faiis to disciese each of the format identificaticsn information and the fieid
`
`indicating the channel bandwidth are described in the nen-iegacy header by using a sequence,
`
`and the sequence is seiected from among a piuraiity at sequences defined in accordance with
`
`the channei bandwidth.
`
`R1 discioses a variahie bandwidth mcade impien‘ientation for wireiess communications
`
`using a preamhie sequence, such as a Geiay sequence (Le. sequence seiected frern among a
`
`niuraiity of sequencesiiparagranh {1112], Geiay sequences can he used for preambie repetitions
`
`{paragraph 00628}, and the bandwidth used for the payiead can be indicated in the header he.
`
`non-Eegacy headerfiparagranh 0116},
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 7
`
`it wouid have been ehvioue to one of ordinary siriii in the art before the effective filing
`
`date of the ciairned invention to modify the teachings of 21 to incorporate identification of
`
`bandwidths as taught by R1, One wouid be motivated to do so to provide an advantage of
`
`tiexibiiity for providing bandwidths for different preamhie sequences [refer R1; paragraph
`
`0116}
`
`Regarding ciaim 3’, Zfi. teachee the transmission circuitry includes: a moduiation circuitry, which
`
`in operation, maps the encoded iegacy header and the encoded non—legacy header to the same
`
`consteilation tie BPSKfiparagreph (3386}
`
`Regarding ciaim 9, Zfi. teachee the transmitter includes a moriniator, which in operation,
`
`moduietes the PPDU {paragraph 097?}, and the moduietor meduiates the non-legacy header by
`
`aging a first phase tie, rotation) that differs from a second phase need to modaiate one of the
`
`Eegacy preembie and the iegacy header (the moduietion for the iegacy portion is rotated at
`
`different angies (Le phaeeflparagraph 03W}, the modulation ofthe VHT fieids (Le, hon~iegacy)
`
`are rotated by different engies that can be different from the rotations used in the iegacy
`
`),
`portion {paragraph 8081i}
`
`Allowable Subject Matter
`
`Claim Sis objected to as being dependent upon a rejected base claim, but would be allowable if
`
`rewritten in independent form including all of the limitations of the base claim and any intervening
`
`claims.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 8
`
`The following is a statement of reasons for the indication of allowable subject matter: the prior
`
`art of record does not disclose or reasonably suggest scrambling circuitry that performs scrambling on a
`
`PPDU that comprises a legacy preamble, legacy header, non-legacy header and data field, and the
`
`scrambling is not performed on the identification information included in the non-legacy header.
`
`Response to Arguments
`
`Applicant’s arguments, see pages 5 and 6, filed 6/25/2019, with respect to the rejection(s) of
`
`claims 1-7,9 and 10 under 35 U.S.C. 103 have been fully considered and are persuasive in light of the
`
`amendments to the claims. Therefore, the rejection has been withdrawn. However, upon further
`
`consideration, a new ground(s) of rejection is made in view of the teachings of Efimov et al. (US Patent
`
`No. 8,271,850)(E1 hereafter) as noted in the above rejection.
`
`As noted ahoye, E1 discioses the use of an encoder for creating a iow density parity check
`
`(LDPCE codeword for message transmission, in which message hits are encoded into a codeword
`
`icoiumn 2 fines 27-40}.
`
`Accordingiy, based upon this disciosure in view of the teachings of Zhang et ai. (US Puts.
`
`ZDEDIGZEOISQHH hereafter}, examiner reasons that it wouid have been obvious to one of ordinary skiii
`
`in the art hefore the effective fiiing date of the ciaimed invention to modify the teachings of 21 to
`
`incorporate an encoder for oerforrning iow density parity check {LDPCj codeword encoding on messages
`
`as taught by El. fine wouid he motivate to do so to provide a type of encoding scheme that is accurate
`
`and fast without requiring significant comoiexity {refer E1; coiurnn 1 iines 42-4-6} to the transmission of a
`
`physical data unit tie. message} comprising iegacy and high throughput (i.e. noneiegacy) headers taught
`
`by 21.
`
`it is noted that given the broadest reasonaoie interpretation of the ciairn language, a encoder
`
`that encodes a PPDU into a LDPC codeword oniy requires an encoder that wouid taite message biocks
`
`and encode then“: using LDPC into a codeword.
`
`In response to applicant's arguments against the
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 9
`
`references individually, one cannot show nonobviousness by attacking references individually where the
`
`rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA
`
`1981); In re Merck & C0., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 10
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can
`
`normally be reached on M-F 6:30am-3pm.
`
`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,
`
`Charles C Jiang can be reached on 571-270-7191. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see http://pair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
`
`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA) or 571-272-1000.
`
`Ryan Kavleski
`/R.C.K/
`Examiner, Art Unit 2412
`
`/GEORGE C ATKINS/
`
`Primary Examiner, Art Unit 2412
`
`