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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/614,818
`
`11/19/2019
`
`YAO HUANG GAIUS WEE
`
`731456.571USPC
`
`9951
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`HUYNH, CHUCK
`
`2644
`
`02/03/2022
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/614,818
`Examiner
`CHUCK HUYNH
`
`Applicant(s)
`WEE etal.
`Art Unit
`2644
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 10/26/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`10-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)__ is/are allowed.
`Claim(s) 10-18 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible 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.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s) filed on 11/19/2019 is/are: a)[¥) accepted or b)( 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:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220129
`
`

`

`Application/Control Number: 16/614,818
`Art Unit: 2644
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`IDS(es) submitted 11/16/2021 and 11/30/2021 has/have been considered.
`
`Responseto Arguments
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`Applicant's argumentsfiled 10/26/2021 have been fully considered but they are
`
`not persuasive.
`
`Applicant argues that Wee’s effective date of October 2017 is not before the
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`effective filing date of the application. Applicant asserts that the application’s effective
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`filing date is 6/16/2017 because the claims are supported bythe provisional application
`
`62/521,107. Examiner does not believe this to be the case, and would like to ask
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`Applicant to cite and show supportfor the claims by the provisional application
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`62/521,107. Therefore, the application’s filing date is 4/27/2018 supported by the
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`Japanese application JP2018/086877.
`
`Therefore the claims arestill rejected as shown below.
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`

`

`Application/Control Number: 16/614,818
`Art Unit: 2644
`
`Page 3
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`Claim Rejections - 35 USC § 102
`
`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 madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(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 waseffectively filed before the effective
`filing date of the claimed invention.
`
`Claim(s) 10-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated
`
`by Gaius Wee (submitted IDS dated 4/8/20; hereinafter Wee).
`
`Regarding claims 10 and 15, Wee discloses a wireless communication
`
`apparatus comprising:
`
`a signal generator which, in operation, generates a Directional Multi-Gigabit
`
`(DMG) Beacon frameincluding a Next Association Beam Forming Training (Next A-
`
`BFT) subfield for indicating whether an Association Beam Forming Training (A-BFT)
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`period is present or not in a Beacon Interval, wherein when the Next A-BFT subfield
`
`takes a value greater than 0 for indicating that the A-BFT period is not present, the
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`DMG Beacon frame includes an Unsolicited RSS Enabled subfield for indicating
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`whether the wireless communication apparatus is capable of receiving an unsolicited
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`Responder Sector Sweep (RSS)in response to a Beacon Transmission Interval (BT1)
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`(Page 2, Discussion section with Figure: AP sending the generated DMG beacon
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`that includes Next A-BFT>0, including Unsolicited RSS subfield enabled and set
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`to 1); and
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`

`

`Application/Control Number: 16/614,818
`Art Unit: 2644
`
`Page 4
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`a transmitter which, in operation, transmits the generated DMG Beacon frame to
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`a station apparatus during the BTI (Page 2, Discussion section Figure showing
`
`AP/PCP sending the DMG beacon to STA); and
`
`a receiver which, in operation, receives the Unsolicited RSS from the station
`
`apparatus in responseto the transmitted DMG Beaconframe with the Unsolicited RSS
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`Enabled subfield set to 1 (Discussion section Figure showing STAreceiving the
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`DMG beaconwith unsolicited RSS enable subfield set to 1).
`
`Regarding claims 11 and 16, Wee discloses the wireless communication
`
`apparatus according to claim 10, wherein when the Next A-BFT subfield is set to 0 for
`
`indicating that the A-BFT period is present, the DMG Beacon frame includes an
`
`IsResponder TXSS subfield (Discussion section paragraph 2: the STA may perform
`
`the unsolicited RSS in response to the DMG beacon when enabled subfield is set
`
`to 1 and shall not if set to 0); and
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`when the Next A-BFT subfield is set to a value greater than 0, the IsResponder
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`TXSS subfield in the DMG Beacon frameis replaced by the Unsolicited RSS Enabled
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`subfield (Discussion section paragraph 2: the STA may perform the unsolicited
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`RSSin response to the DMG beacon whenenabled subfield is set to 1 and shall
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`not if set to 0).
`
`Regarding claims 12 and 17, Wee discloses the wireless communication
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`apparatus according to claim 10, wherein the receiver does not respond to the
`
`Unsolicited RSS transmitted from the station apparatus in responseto the transmitted
`
`

`

`Application/Control Number: 16/614,818
`Art Unit: 2644
`
`Page 5
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`DMG Beacon frame with the Unsolicited RSS Enabled subfield set to 0 (Discussion
`
`section paragraph 2: the STA may perform the unsolicited RSS in responseto the
`
`DMG beacon when enabled subfield is set to 1 and shall notif set to 0).
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`Regarding claim 13, Wee discloses the wireless communication apparatus
`
`according to claim 10, wherein when the Next A-BFT subfield is set to 0 for indicating
`
`that the A-BFT period is present, the DMG Beacon frame does notinclude the
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`Unsolicited RSS Enabled subfield (Discussion section paragraph 2: unsolicited RSS
`
`takes place of the TXSS when A-BFT>0 otherwise DMG beacondoesnotinclude
`
`the unsolicited RSS enabled subfield).
`
`Regarding claims 14 and 18, Wee discloses the wireless communication
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`apparatus according to claim 10, wherein when the receiver receives the Unsolicited
`
`RSSfrom the station apparatus, the transmitter transmits an SSW feedback in response
`
`to the Unsolicited RSS (Discussion section figure showing the SSW response).
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`Conclusion
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
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`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`

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`Application/Control Number: 16/614,818
`Art Unit: 2644
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`Page 6
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date ofthis final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to CHUCK HUYNH whosetelephone number is (571)272-
`
`7866. The examiner can normally be reached on M-F 10am - 6pm.
`
`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:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Kathy Wang-Hurst can be reached on 571-270-5371. The fax phone
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`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 https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free).
`
`

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`Application/Control Number: 16/614,818
`Art Unit: 2644
`
`Page 7
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`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.
`
`/GCHUCK HUYNH/
`Primary Examiner, Art Unit 2644
`
`