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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
`
`16/797,668
`
`02/21/2020
`
`Lei Huang
`
`731156.583C2
`
`6181
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`RIVAS, SALVADORE
`
`ART UNIT
`
`2413
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/27/2021
`
`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*
`1-10 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-10 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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 21 February 2020 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 20210521
`
`Application No.
`Applicant(s)
`16/797 ,668
`Huang, Lei
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SALVADOR E RIVAS
`2413
`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 21 February 2020.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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: 16/797,668
`Art Unit: 2413
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Priority
`
`2.
`
`Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e)
`
`or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
`
`Acknowledgmentis made of applicant’s claim for foreign priority under 35 U.S.C.
`
`119 (a)-(d). The certified copy has beenfiled in parent Application No. 15/431,462 (U.S.
`
`Patent # 10,616,773 B2), filed on February 13, 2017.
`
`Information Disclosure Statement
`
`3
`
`The information disclosure statement submitted on February 21, 2020 has been
`
`considered by the Examiner and made of record in the application file.
`
`Double Patenting
`
`4.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine groundedin 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
`
`obviousness-type double patenting rejection is appropriate where the conflicting claims
`
`are notidentical, 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
`
`

`

`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`Page 3
`
`USPQe2d 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); and In re Thorington, 418 F.2d 528, 163 USPQ
`
`644 (CCPA 1969).
`
`A timelyfiled 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 a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`be commonly ownedwith this application, or claims an invention made as a result of
`
`activities undertaken within the scope of a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may signa
`
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`
`37 CFR 3.73(b).
`
`Claims 1-10 are rejected on the ground of nonstatutory obviousness-type double
`
`patenting as being unpatentable over claims 1-7 of copending Application No.
`
`15/431,462 (U.S. Patent # 10,616,773 B2)(hereinafter refer as Huang of ‘773 B2).
`
`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
`
`drawnto the "same invention" as the first application or patent.
`
`Regarding claims 1 and5is rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 4 and7 of
`
`copending application Huang of ‘773 B2.
`
`Claims 1 and 5 of the Instant
`Application
`
`Claims 4 and 7 of Huang of ‘773 B2
`
`

`

`Application/Control Number: 16/797,668
`Page 4
`Art Unit: 2413
`
`
`Limitation 1: reception circuitry
`
`which includes a plurality of
`reception antennas and which,
`in operation,
`
`
`Limitation 1: a plurality of
`receiving array antennas; (Claim
`4)
`
`
`a plurality of transmitting
`array antennas;
`(Claim 7)
`
`
`
`
`
`
`
`
`Limitation 2:receives first
`
`training packets for
`transmission sector sweeping
`(TXSS) by an initiator
`apparatus that includes a
`
`plurality of
`transmission
`antennas,
`Limitation 3:receives second
`
`training packets for reception
`sector sweeping (RXSS), and
`
`Limitation 2: transmission
`circuitry, which in operation,
`transmits one or more signals
`for transmission sector
`sweeping, one or more signals
`for reception sector sweeping,
`
`and one or more signals for
`beam combination training in
`
`
`Multiple Input Multiple Output
`(MIMO)
`training between the
`wireless device and a
`responder including a
`
`plurality of receiving array
`antennas; and
`
`
`
`
`
`
`
`
`
`
`
`
`
`Limitation 3: reception circuitry,
`which in operation,
`receives
`
`information on a determined
`
`number of
`transmission/reception sector
`pairs,
`
`
`
`Limitation 4: each
`transmission/reception sector
`
`pair consisting of a
`transmission sector and a
`
`reception sector in the MIMO
`training selected by the
`
`
`responder from among a set of
`transmission sectors used in
`
`the transmission sector
`sweeping and a set of
`reception sectors used in the
`reception sector sweeping,
`
`
`
`
`
`Limitation 4: receives third
`
`training packets for beam
`combination training between
`the responder apparatus and
`the initiator apparatus; and
`Limitation 5: determination
`circuitry, which in operation,
`obtains a subset of candidate
`
`transmission sectors for each
`
`of the plurality of
`transmission antennas,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Limitation 6: selects a subset of
`candidate reception sectors
`
`
`
`
`
`for each of
`the plurality of
`reception antennas, and
`Limitation 7: determines N
`
`transmission/reception sector
`
`combinations from the subset
`
`of candidate transmission
`
`sectors and the subset of
`candidate reception sectors,
`Limitation 8: each of the N
`transmission/reception sector
`combinations comprising a
`
`
`
`

`

`
`
`
`
`
`
`
`
`Limitation 5: wherein:
`Limitation 10: wherein each of
`
`the determination circuitry
`plurality of transmission
`
`
`selects a set including at
`antennas of the initiator
`least one transmission sector
`apparatus corresponds to a
`
`
`single transmission sector and|for each of the transmitting
`
`each of the plurality of
`array antennas in the MIMO
`
`reception antennas of the
`training,
`responder apparatus
`the determination circuitry
`corresponds to a single
`selects a set including at
`
`
`
`reception sector.(Claim 1)
`least one reception sector
`
`
`each of the plurality of
`receiving array antennas in
`the MIMO training. (Claim 4)
`
`
`
`
`wherein no one transmission
`
`sector belongs to more than
`one transmission/reception
`sector combination and no one
`
`reception sector belongs to
`more than one
`transmission/reception sector
`combination, and
`wherein no one transmission
`
`
`antenna of the plurality of
`
`transmission antennas of the
`initiator apparatus is
`associated with more than one
`transmission sector and no
`
`reception antenna of
`the
`
`plurality of reception
`
`
`antennas of
`the responder
`apparatus is associated with
`more than one reception
`sector.
`(Claim 5)
`
`Page 5
`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`transmission sector anda
`reception sector,
`Limitation 9: wherein N is an
`integer that is larger than
`one, and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`wherein no one transmission
`sector belongs to more than
`one transmission/reception
`sector pair and no one
`
`reception sector belongs to
`more than one
`transmission/reception sector
`pair, and
`wherein no one transmitting
`
`array antenna of the plurality
`
`
`
`of transmitting array antennas
`is associated with more than
`one transmission sector and no
`
`receiving array antenna of the
`
`
`
`plurality of receiving array
`
`antennas of the responder is
`associated with more than one
`reception sector.
`
`
`
`

`

`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`Page 6
`
`Regarding claims 6 and 10 is rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1, 4, and 7 of
`
`copending application Huang of ‘773 B2.
`
`Claims 6 and 10 of the Instant
`Application
`
`Limitation 1: receiving first
`
`
`training packets for
`transmission sector sweeping
`(TXSS) by an initiator
`apparatus that includes a
`
`plurality of
`transmission
`antennas;
`
`
`
`
`
`Claims1, 4, and 7 of Huang of ‘773 B2
`
`
`Limitation 1: a plurality of
`receiving array antennas; (Claim
`4)
`
`
`a plurality of transmitting
`array antennas;
`(Claim 7)
`
`Limitation 2: receiving second
`
`training packets for reception
`sector sweeping (RXSS);
`Limitation 3: receiving third
`
`training packets for beam
`combination training between
`the responder apparatus and
`the initiator apparatus;
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Limitation 2: transmission
`circuitry, which in operation,
`transmits one or more signals
`for transmission sector
`sweeping, one or more signals
`for reception sector sweeping,
`
`and one or more signals for
`beam combination training in
`
`
`Multiple Input Multiple Output
`(MIMO)
`training between the
`wireless device and a
`responder including a
`
`plurality of receiving array
`antennas; and
`
`
`Limitation 4: obtaining a subset of
`
`candidate transmission sectors
`
`for each of the plurality of
`transmission antennas;
`
`
`
`Limitation 3: reception circuitry,
`which in operation,
`receives
`
`information on a determined
`
`number of
`transmission/reception sector
`pairs,
`
`
`Limitation 5: selecting a subset of
`
`candidate reception sectors
`
`
`
`
`
`for each of
`the plurality of
`reception antennas; and
`Limitation 6: determining N
`
`transmission/reception sector
`
`combinations from the subset
`
`of candidate transmission
`
`Limitation 4: each
`transmission/reception sector
`
`pair consisting of a
`transmission sector anda
`
`reception sector in the MIMO
`training selected by the
`
`
`responder from among a set of
`transmission sectors used in
`
`

`

`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`
`Page 7
`
`the transmission sector
`sweeping and a set of
`reception sectors used in the
`reception sector sweeping,
`
`
`
`
`
`
`
`
`sectors and the subset of
`candidate reception sectors,
`
`
`
`Limitation 7: each of the N
`transmission/reception sector
`combinations comprising a
`transmission sector anda
`reception sector,
`
`
`
`Limitation 8: wherein N is an
`integer that is larger than
`one, and
`
`
`Limitation 9: wherein each of the
`
`
`plurality of transmission
`
`
`antennas of the initiator
`apparatus corresponds to a
`single transmission sector and
`each of the plurality of
`
`reception antennas of the
`responder apparatus
`corresponds to a single
`reception sector. (Claim 6)
`
`
`
`
`
`
`
`
`
`Limitation 5: wherein:
`
`the initiator performs the
`transmission sector sweeping,
`the responder selects the set
`
`|of transmission sectors
`including at least one
`
`transmission sector for each
`
`of
`the transmitting array
`
`antennas of
`the initiator as
`the result of
`the transmission
`sector sweeping,
`
`the initiator performs the
`reception sector sweeping, and
`the responder selects the set
`
`of reception sectors including
`at least one reception sector
`
`
`for each of the plurality ot!
`receiving array antennas of
`
`
`of
`the responder as the result
`the reception sector sweeping.
`(Claim 1)
`
`
`
`
`
`
`
`
`
`wherein no one transmission
`
`sector belongs to more than
`one transmission/reception
`sector combination and no one
`reception sector belongs to
`
`more than one
`transmission/reception sector
`combination, and
`wherein no one transmission
`antenna of the plurality of
`
`
`
`transmission antennas of the
`initiator apparatus is
`associated with more than one
`transmission sector and no
`reception antenna of
`the
`
`
`plurality of reception
`
`antennas of
`the responder
`apparatus is associated with
`more than one reception
`sector.
`(Claim 10)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`wherein no one transmission
`sector belongs to more than
`one transmission/reception
`sector pair and no one
`
`reception sector belongs to
`more than one
`transmission/reception sector
`pair, and
`wherein no one transmitting
`array antenna of the plurality
`of transmitting array antennas
`
`

`

`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`
`Page 8
`
`is associated with more than
`
`one transmission sector and no
`
`receiving array antenna of the
`
`
`plurality of receiving array
`
`antennas of the responder is
`associated with more than one
`reception sector.
`
`
`
`
`
`
`Allowable Subject Matter
`
`5.
`
`Claims 5 and 10 are 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.
`
`Regarding claim 5, and as applied to claim 1 above, the best prior art found
`
`during the examination of the present, Wang et al. (U.S. Patent Application
`
`Publication # 2013/0315325 A1) teach “Wireless system 100 comprises an
`
`
`
`initiator 101 and a responder 102. Both initiator 101 and
`
`
`responder 102 are equipped with antenna arrays to support MIMO
`
`operation for multiple spatial streams.” (Fig.2 @ 215-218; Paragraph
`
`
`
`[0025]) in view of Stirling-Gallacher (U.S. Patent Application Publication #
`
`2007/0230639 A1) teaches a MIMO spatial Multiplexing system executing a beam
`
`combination selection algorithm (Fig.22-25; Paragraph [0085]-[0090]) and Prasadetal.
`
`(U.S. Patent Application Publication # 2011/0110453 A1) teach a methodto “...
`
`
`update the best pair of beams or sectors between two stations in
`
`the presence of changing channel conditions.” (Paragraph [0025)), fail to
`
`
`
`disclose: “wherein no one transmission sector belongs to more than
`
`one transmission/reception sector combination and no one
`
`

`

`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`Page 9
`
`reception sector belongs to more than one transmission/reception
`
`sector combination, and wherein no one transmission antenna of
`
`the plurality of transmission antennas of the initiator
`
`apparatus is associated with more than one transmission sector
`
`and no reception antenna of the plurality of reception antennas
`
`of the responder apparatus is associated with more than one
`
`reception sector.” Also, the examiner submits that the above limitations are not
`
`taken alone but are viewed in view of the entirety of the claim language including any
`
`preceding claim limitations, any proceeding limitations, and any intervening claim
`
`limitations.
`
`Regarding claim 10, and as applied to claim 6 above, the best prior art found
`
`during the examination of the present, Wang et al. (U.S. Patent Application
`
`Publication # 2013/0315325 A1) teach “Wireless system 100 comprises an
`
`
`initiator 101 and a responder 102. Both initiator 101 and
`
`
`responder 102 are equipped with antenna arrays to support MIMO
`
`
`
`operation for multiple spatial streams.” (Fig.2 @ 215-218; Paragraph
`
`[0025]) in view of Stirling-Gallacher (U.S. Patent Application Publication #
`
`2007/0230639 A1) teaches a MIMO spatial Multiplexing system executing a beam
`
`combination selection algorithm (Fig.22-25; Paragraph [0085]-[0090]) and Prasadetal.
`
`(U.S. Patent Application Publication # 2011/0110453 A1) teach a methodto “...
`
`
`update the best pair of beams or sectors between two stations in
`
`
`the presence of changing channel conditions.” (Paragraph [0025)), fail to
`
`disclose: “wherein no one transmission sector belongs to more than
`
`

`

`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`Page 10
`
`one transmission/reception sector combination and no one
`
`reception sector belongs to more than one transmission/reception
`
`sector combination, and
`
`wherein no one transmission antenna of the plurality of
`
`transmission antennas of the initiator apparatus is associated
`
`with more than one transmission sector and no reception antenna
`
`of the plurality of reception antennas of the responder
`
`apparatus is associated with more than one reception sector.” Also,
`
`the examiner submits that the abovelimitations are not taken alone but are viewed in
`
`view of the entirety of the claim language including any preceding claim limitations, any
`
`proceeding limitations, and any intervening claim limitations.
`
`Conclusion
`
`Any response to this Office Action should be faxed to (571) 273-8300 or mailed
`
`6.
`
`to:
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Hand-delivered responses should be brought to
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`Any inquiry concerning this communication or early communications from the
`
`Examiner should be directed to Salvador E. Rivas whose telephone number is (571) 270-
`
`1784. The examiner can normally be reached on Monday-Friday from 7:00AM to 3:30PM.
`
`

`

`Application/Control Number: 16/797,668
`Art Unit: 2413
`
`Page 11
`
`If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's
`
`supervisor, Un C. Cho can be reached on (571) 272- 7919. The fax phone number for the
`
`organization wherethis 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
`
`accessto the Private PAIR system, contact the Electronic Business Center (EBC) at 866-
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`
`If you would like assistance from a USPTO Customer Service
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`Representative or access to the automated information system, call 800-786-9199 (IN
`
`USA OR CANADA)or 571-272-1000.
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`Any inquiry of a general nature or relating to the status of this application or
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`proceeding should be directed to the receptionist/customer service whose telephone
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`number is (571) 272-2600.
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`/SALVADORE RIVAS/
`Primary Examiner, Art Unit 2413
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`May 22, 2021
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