www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/637,714
`
`02/07/2020
`
`LEI HUANG
`
`731456.555USPC
`
`4078
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`MIAN, OMERS
`
`PAPER NUMBER
`
`ART UNIT
`
`2461
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/18/2021
`
`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)
`
`

`

`
`
`Disposition of Claims*
`15-28 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 15-28 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)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20210729
`
`Application No.
`Applicant(s)
`16/637,714
`HUANG etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`OMER S MIAN
`2461
`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 7/2/2021.
`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.
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Priority
`
`Receipt is acknowledgedof certified copies of papers required by 37 CFR 1.55.
`
`Claim 21, receives the priority date of 12/24/2017 and doesnot getthe priority
`
`date of 8/30/2017. “Teardown”is not disclosed or supported by the priority documents
`
`of 8/30/2017.
`
`Claims 23, 32-34 receive the priority date of 2/7/2020 and not of 12/24/2017 or
`
`8/30/2017 as the “channel offset” being in the first set of parameters is not disclosed or
`
`supported by the priority documents.
`
`Claim Rejections - 35 USC § 103
`
`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 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 3
`
`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.
`
`The factual inquiries for establishing a background for determining obviousness
`
`under 35 U.S.C. 103 are summarized asfollows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence presentin the application indicating
`
`obviousness or nonobviousness.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly ownedasof the effective filing date of the claimed invention(s) absent any
`
`evidenceto the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`ownedas ofthe effectivefiling date of the later invention in order for the examiner to
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`Claim(s) 15-17, 22, 27-29 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over KIM et al (US 2019/0246356) modified by SUN et al (US
`
`2018/0288703)
`
`Regarding claim 15, 27, KIM et al (US 2019/0246356) discloses a station
`
`comprising: circuitry which, in operation, negotiates Wake-Up Radio (WUR) parameters
`
`with an access point (AP) switches from non-active Wake-Up Radio (WUR) modeto
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 4
`
`WUR mode byinitiating and completing a WUR mode setup frame exchange (KIM:
`
`9154, 7155, 157, Fig. 17-18, (213, (216, parameters are negotiated with an AP; a
`
`change moderequestis transmitted from the STA to the AP during initiating and
`
`completing WUR modesetup information exchange with the AP); and
`
`a transmitter which, in operation, transmits a WUR mode setup frame to the AP
`
`in the WUR mode setup frame exchange (KIM: 9154, 7155, 157, Fig. 17-18, a change
`
`mode requestis transmitted from the STAto the AP after completing WUR mode
`
`setup information exchange with the AP; the WUR is switched to a WUR mode on
`
`(WUR mode) from a WUR mode off (WUR mode suspend)).
`
`KIM remains silent regarding non-active WUR mode being WUR suspend mode,
`
`maintaining WUR parameters negotiated with the AP after entering the WUR mode
`
`suspend from the WUR mode.
`
`However, SUN et al (US 2018/0288703) discloses non-active WUR mode being
`
`WUR suspend mode, and maintaining WUR parameters negotiated with the AP after
`
`entering the WUR mode suspend from the WUR mode (SUN: 27,
`
`storing/maintaining WUR mode parameters to be used for a subsequent
`
`transition to WUR mode).
`
`A person ofordinary skill in the art working with the invention of KIM would have
`
`been motivated to use the teachings of SUN asit provides a wayto transitioning
`
`efficiency and delay buy keeping the parameters saved until they are needed to be
`
`changed based on channel conditions (94). Therefore, it would have been obvious to
`
`one of ordinary skill in the art before the effectivefiling date of the invention to modify
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 5
`
`invention of KIM with teachings of HUANG in order to improve control over
`
`communication and stations.
`
`Regarding claim 16, 28, KIM modified by SUN discloses a station according to
`
`claim 15/27, wherein the circuitry switches from WUR mode suspend to WUR mode
`
`after negotiation of WUR power management service (KIM: Fig. 17-Fig.18, (153-157,
`
`STA WUR mode on (WUR mode)is achieved after a WUR parameter/negotiation
`
`procedure).
`
`Regarding claim 17, 29 KIM modified by SUN discloses a station according to
`
`claim 16/28, wherein an action type field of a WUR mode elementcontained in the
`
`WUR mode setup frame indicates that the circuitry enters the WUR mode (KIM: 156-
`
`159, 9162, Fig. 19,a WUR mode support element is included in the action frame of
`
`association request).
`
`Regarding claim 22, KIM modified by SUN discloses station according to claim
`
`17, wherein the WUR modeelement is used to negotiate a first set of parameters
`
`related to WUR operation (KIM: 9166,a first set of parameters are negotiated).
`
`Claim 18-20, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over KIM modified by SUN as applied to claim 16/28 above,further in view of
`
`HUANG etal (US 2018/0049131)
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 6
`
`Regarding claim 18, 30, KIM modified by SUN discloses a station according to
`
`claim 16/28, wherein when a response frame from the AP indicates that the AP accepts
`
`the requestthe circuitry enters the WUR mode suspend in the negotiation (KIM: Fig.
`
`17-Fig.18, 9153-157, a WUR modeoff (suspend) is entered by the STAas part of
`
`the negotiation and upon receiving a frame from the AP).
`
`KIM modified by SUN doesnotexplicitly disclose, however, HUANG etal (US
`
`2018/0049131) regarding the transmitter transmits to the AP a request frame that
`
`indicates a request for entering the WUR mode suspend, (HUANG: Fig. 7-8, 176, a
`
`WUR mode suspension (WUR off) is requested using an action frame)
`
`A person ofordinary skill in the art working with the invention of KIM modified by
`
`SUN would have been motivated to use the teachings of HUANG asit provides a wayto
`
`improve communication between STA and AP regarding power states thereby
`
`improving control over the network communications and stations. Therefore, it would
`
`have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`invention to modify invention of KIM modified by SUN with teachings of HUANG in order
`
`to improve control over communication and stations.
`
`Regarding claim 19, KIM modified by SUN modified by HUANG discloses
`
`station according to claim 18, wherein an action type field of a WUR mode element
`
`within the request frame indicates the request (HUANG: 76, Fig. 8 and 775, action
`
`frame is a request frame; WUR mode element within the frame).
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 7
`
`Regarding claim 20, KIM modified by SUN modified by HUANG discloses
`
`station according to claim 18, wherein an action type field of a WUR mode element
`
`within the response frame indicates that the AP accepts the request (HUANG: 974,
`
`KIM: Fig. 19, a response frame indicating the AP has accepted a requestof the
`
`STA).
`
`Claims 21, 23, 31-34 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over KIM modified by SUN as applied to claim 15/27 above,further
`
`in view of HUANG et al (US 2019/0045445)
`
`Regarding claim 21, 31, KIM modified by SUN discloses a station according to
`
`claim 15/27, wherein the circuitry invalidates WUR power management service by
`
`initiating WUR mode teardown frame (KIM: Fig. 19, (166, WUR parameters
`
`invalidated and renewed/changed).
`
`KIM modified by SUN remains silent regarding, however, HUANG2 (HUANG etal
`
`US 2019/0045445) discloses tears down WUR power managementservice byinitiating
`
`WUR modeteardown frame (HUANG2: 9114, WUR mode frame/teardown frame
`
`being utilized to discard WUR parameters).
`
`A person of ordinary skill in the art working with the invention of KIM modified by
`
`SUN would have been motivated to use the teachings of HUANG2 asit provides a way
`
`to improve memoryutilization in the device by freeing up space for updated WUR
`
`parameter and speed up the updating process. Therefore, it would have been obvious
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 8
`
`to one of ordinary skill in the art before the effectivefiling date of the invention to modify
`
`invention of KIM modified by SUN with teachings of HUANG2 in order to improve
`
`memory resourceutilization.
`
`Regarding claim 23, 32, KIM modified by SUN discloses station according to
`
`claim 22/29, wherein the first set of parameters includes WUR channel information and
`
`WUR duty cycle start time (KIM: 9164, WUR channel information and duty cycle is
`
`one of the parameters).
`
`KIM modified by SUN remains silent regarding, however, WUR channel
`
`information including WUR channel offset.
`
`However, HUANG2 (HUANG etal US 2019/0045445) discloses WUR channel
`
`information including WUR channel offset. (HUANG2: 767, WUR channeloffset).
`
`A person of ordinary skill in the art working with the invention of KIM modified by
`
`SUN would have been motivated to use the teachings of HUANG2 asit provides a way
`
`to improve channel synchronization by including channel related information, thereby
`
`improving throughput. Therefore, it would have been obvious to one of ordinary skill in
`
`the art before the effective filing date of the invention to modify invention of KIM
`
`modified by SUN with teachings of HUANG2 in order to improve overall
`
`synchronization.
`
`Regarding claim 33, KIM modified by SUN modified by HUANG2 discloses
`
`communication method according to claim 32, comprising: receiving WUR beacon
`
`frame containing a WUR operation element which contains a second set of parameters
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 9
`
`necessary to support WUR operation and wherein a second set of parameters includes
`
`minimum wake-up duration, WUR channel information and WUR beacon period (KIM:
`
`4164, On-duration information; channel information and 779, beacon interval and
`
`other parameters; HUANG2: (67, WUR beacon frameis used to transmit
`
`parameters).
`
`Regarding claim 34, KIM modified by SUN modified by HUANG2 discloses
`
`communication method according to claim 33, wherein each of the parameters in the
`
`first set is different from each of the parameters in the second set (KIM: 7164, On-
`
`duration information; channel information and 779, beacon interval and other
`
`parameters; HUANG2: 767, WUR beacon frameis used to transmit parameters;
`
`the parameters are different than one another and thusthe sets are different).
`
`Claims 24-26,is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over KIM modified by SUN as applied to claim 22 above,further in view of AHN et
`
`al (US 2019/0028967)
`
`Regarding claim 24, KIM modified by SUN discloses station according to claim
`
`22, comprising: a receiver which, in operation, receives a second set of parameters
`
`necessary to support WUR operation (KIM: 9164, On-duration information; channel
`
`information and 779, beacon interval and other parameters).
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 10
`
`KIM modified by SUN remains silent regarding the parameters being in a beacon
`
`frame in an WUR operation element.
`
`However, AHN discloses the parameters being in a beacon frame in an WUR
`
`operation element. (AHN: 9213, 4172, WUR beacon frame regarding the WUR
`
`operation information in an WUR mode element; the channel information is sent
`
`by the WUR beacon frame; timing information is included in the beacon WUR
`
`frame).
`
`A person of ordinary skill in the art working with the invention of KIM modified by
`
`SUN would have been motivated to use the teachings of AHN asit provides a wayto
`
`provide parameters to the WUR without significant change to a legacy beacon frame,
`
`therefore, improving compatibility. Therefore, it would have been obvious to one of
`
`ordinary skill in the art before the effective filing date of the invention to modify invention
`
`of KIM modified by SUN with teachings of AHN in order to improve compatibility
`
`Regarding claim 25,, KIM modified by SUN modified by AHN disclosesstation
`
`according to claim 24, wherein the second set of parameters includes minimum wake-
`
`up duration, WUR channel information and WUR beacon period (KIM: (164, On-
`
`duration information; channel information and 79, beacon interval; AHN: 173,
`
`4212, minimum wake-up duration; synchronization information/beacon interval
`
`information).
`
`Regarding claim 26, KIM modified by SUN modified by AHN discloses station
`
`according to claim 24, wherein each of the parametersin the first set is different from
`
`each of the parameters in the second set (KIM: 164, 779, AHN: (173, 9212, the
`
`parametersare different from each other).
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 11
`
`Responseto Arguments
`
`Applicant's argumentsfiled 7/2/2021 have been fully considered but they are not
`
`persuasive.
`
`Applicants argue,
`
`ae
`
`Himwever, Kim does mot ¢
`
`It B station or circuitry thereat “maintains
`
`
`
`
`WUR parameiers nevetiated with the AP afer entering
`
`feWOR siode suapesd from the WUR.
`
`
`mtode™ as recited In amended claim 1S. Per Kim, the STA may aperate in the WOR mode based
`
`
`an the parameters obtained through the WER negotiation pracedare. However, Kim does net
`
`disclose that the sation operates asing the WOR parameters (negotiated with theAP} after
`
`axcting the WUR made and entering the WUR modesuspend.
`
`Kit does mat disclose that the STS
`
`negatiation past when the saver exis the WUR mode (and ater i esters the WUR mode
`
`auspernl from the WIR mode}. Aint does nat discioge that the WLRparameters :
`
`
`aenchingfo the WER mate are maintained until after the Satanexits the 4
`
`
`
`
`
`esters back iste the WIR mde suspend.
`
`Tims, Kim dees not diaclaseihe subjert matter of armended claim: 15.
`
`
`
`Applica ft subunits that Huang ‘134, Huang “435 and Ahn do aot cure
`
`
`x,
`Kim. Thus, claim §5 ia patentable in vhew of Rim, Huang“131, Hoang “445 and Abn
`
`thedeficiencies of
`
`Withdrawal of the par eg SS USC. &f0S rgection af Claim: 1S is cespecefully requested,
`
`
`Furthermore, Claims LO-26 are dependent (ian [$ aad are, therefore, patentable in view
`
`
`
`
`oPthe orted references fav at least the samereasons recited aboveard by virtue of the additional
`
`claim features set forth therein. Accomdingly, withdmwal of the 38 U.S.C. 81O8and 58 USC.
`
`
`s reapectially
`£103 rejections af (aims |
`
`
`sequested,
`
`uy
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 12
`
`Examiner respectfully disagrees with the above arguments. Examiner submits
`
`that KIM expressly discloses negotiation of parameters for WUR and uses them for the
`
`WUR mode. KIM, however, remains silent regarding maintaining those parametersafter
`
`entering the WUR mode suspend from the WUR mode. However, newly cited refere,
`
`SUN etal, discloses this expressly.
`
`However, SUN et al (US 2018/0288703) discloses non-active WUR mode being
`
`WUR suspend mode, and maintaining WUR parameters negotiated with the AP after
`
`entering the WUR mode suspend from the WUR mode (SUN: 27,
`
`storing/maintaining WUR mode parameters to be used for a subsequent
`
`transition to WUR mode).
`
`A person of ordinary skill in the art working with the invention of KIM would have
`
`been motivated to use the teachings of SUN asit provides a wayto transitioning
`
`efficiency and delay buy keeping the parameters saved until they are needed to be
`
`changed based on channel conditions (4). Therefore, it would have been obvious to
`
`one of ordinary skill in the art before the effectivefiling date of the invention to modify
`
`invention of KIM with teachings of HUANG in order to improve control over
`
`communication and stations.
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 13
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`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 reply is filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date ofthis final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to OMER S MIAN whosetelephone number is (571)270-
`
`7524. The examiner can normally be reached on M,Th: 10a-9p, Tu,W:930a-530p,
`
`F:930a-1130a.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`

`

`Application/Control Number: 16/637,714
`Art Unit: 2461
`
`Page 14
`
`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
`
`supervisor, Huy D Vu can be reached on 571-272-3155. 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 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).
`
`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.
`
`OMER 8S. MIAN
`Primary Examiner
`Art Unit 2461
`
`/OMER S$ MIAN/
`Primary Examiner, Art Unit 2461
`
`