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
`
`16/969,699
`
`08/13/2020
`
`Jun MINOTANI
`
`733456.604USPC
`
`3957
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`NGO, CHUONG A
`
`PAPER NUMBER
`
`ART UNIT
`
`2645
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/28/2022
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-12 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-12 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 8/13/2020 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)
`
`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 20220323
`
`Application No.
`Applicant(s)
`16/969,699
`MINOTANI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHUONG A NGO
`2645
`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 12/13/2021.
`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: 16/969,699
`Art Unit: 2645
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AJA.
`
`DETAILED ACTION
`
`2.
`
`This action is in response to the communication mailed on 9/14/2021 and applicant has
`
`submitted an amendment, filed on 12/13/2021.
`
`Response to Arguments
`
`3.
`
`Applicant's arguments with respect to claims 1-12 filed on 12/13/2021 have been
`
`considered but they are not persuasive.
`
`a.Applicant argues claims 1, 12, Kim fails to teach or suggest "a radio communication
`
`apparatus in a first Basic Service Set (BSS), comprising: control circuitry, which, in
`
`operation, determines a transmission resource for a Spatial Reuse (SR) signal based on
`
`radio quality information transmitted from another radio communication apparatus in
`
`the first BSS, the SR signal being transmitted by SR for a second BSS which is a BSS
`
`other than the first BSS" (see Remarks Page 5).
`
`b.Examiner very kindly directs the applicant to Kim teachesin Fig. 1, [0055] “STAs(e.g.,
`
`an STA 1 and an STA 2 are included in the BSS1, an STA 3 and an STA 4 are
`
`included in the BSS2” and further Kim teaches [0265] “STA associated with a second
`
`BSS different from a first BSS with which the first STA has been associated”.
`
`Therefore, we Kim discuses “belong (or associated) does not the meaning of “not
`
`different’.
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 3
`
`c. Applicant cited “radio quality information”in the claims. However, the did not define
`
`whatis “radio quality information” invoked here. Therefore, where Kim discussed
`
`[0011] “CCA level is applied to the BSS although each BSS can transmit a signal
`
`according to a communication environmentand/or channel quality” which imply radio
`
`quality information of the claim, and further Kim discusses [0203], “an STA may
`
`perform spatial reuse (SR) ... in which spatial resourcesare efficiently used by
`
`adjusting/setting a proper CCAlevel according to circumstances, determiningthe ...
`
`state of a channel based on the adjusted CCA level, and transmitting a signal”.
`
`Claim Rejections - 35 USC § 102
`
`4,
`
`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 ofrejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same undereither status.
`
`5.
`
`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 personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or
`otherwise available to the public before the effective filing date of the claimed invention.
`
`6.
`
`Claims 1-12 rejected under 35 U.S.C. 102(a)(1) based upon a public useor sale or other
`
`public availability of the invention as being anticipated by US Patent Application Publication
`
`20180227952 (hereinafter referred to as Kim).
`
`Consider claims 1, 12, Kim teaches a radio communication apparatus inafirst
`
`Basic Service Set (BSS) (see at least {| [0055] “STAs (e.g., an STA 1 and an STA 2 are
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 4
`
`included in the BSS 1 andseeat least { [0271]-{] [0273], Fig. 10, “...the STA device (or
`
`STA) 1010 may include memory 1012, a processor 1011, and a radio frequency (RF) unit
`
`1013 ...”), comprising:
`
`control circuitry, which, in operation, determines a transmission resource for a
`
`Spatial Reuse (SR) signal based on radio quality information transmitted from another
`
`radio communication apparatus in the first Basic Service Set (BSS), the SR signal being
`
`transmitted by SR for a second BSS whichis a BSS otherthan the first BSS (see atleast {
`
`[0011] “CCA level is applied to the BSS although each BSS can transmit a signal
`
`according to a communication environmentand/or channel quality” which imply radio
`
`quality information of the claim, and seeat least J [0203], “an STA may perform spatial
`
`reuse (SR) ... in which spatial resourcesare efficiently used by adjusting/setting a proper
`
`CCAlevel according to circumstances, determining the ... state of a channel based on the
`
`adjusted CCA level, and transmitting a signal” andsee at least 7 [0201], “...an AP 1 and
`
`an STA 1 maybelongto a first BSS, and an AP 2 and an STA 2 may belong to a second
`
`BSS...” and further see at least { [0265], “...the inter -BSS PPDU mayrefer to a PPDU
`
`that is transmitted by an AP or STA associated with a second BSS different from a first
`
`BSS with whichthe first STA has been associated...”); and
`
`transmission circuitry, which, in operation, transmits the SR signal, using the
`
`transmission resource(seeat least {[ [0268], “...the information aboutthe first and the
`
`second CCAlevels indicate the first and the second CCA levels or information about a
`
`level difference betweenthe first or the second CCAlevel and the first and the second
`
`CCAlevels...” and see at least 7 [0270], “...as a result of the execution of CCA,the
`
`channelis determinedto beidle, the first STA may transmit a signal/data/frame through
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 5
`
`the idle channel (S930). Thatis, the first STA may perform SR through the channel
`
`determined...”’).
`
`Consider claim 2 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teaches the control circuitry determines, based on the radio quality
`
`information, a band where the SR signal is send able, and the transmission circuitry
`
`transmits the SR signal in the band where the SR signal is send able, and the transmission
`
`circuitry does not transmit the SR signal in a band other than the band where the SR
`
`signal is send able (see at least § [0268], “...the information aboutthe first and the second
`
`CCAlevels indicate the first and the second CCA levels or information abouta level
`
`difference betweenthefirst or the second CCAlevel andthefirst and the second CCA
`
`levels...” and see at least § [0270], “...as a result of the execution of CCA, the channelis
`
`determinedto be idle, the first STA may transmit a signal/data/frame throughthe idle
`
`channel (S930). Thatis, the first STA may perform SR through the channel
`
`determined...”’).
`
`Consider claim 3 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teachesthe control circuitry determines the transmission resource when
`
`transmitting the SR signal in a period obtained based on a signal from the second BSS,
`
`and the control circuitry does not determine the transmission resource when not
`
`transmitting the SR signalin the period (see at least { [0202], “...in an environment in
`
`which the AP 1 and the STA1are sufficiently distant from the AP 2 or the STA 2 or
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 6
`
`interference from the signal transmitted by the AP 1 does not have a great influence on
`
`the STA 2...”).
`
`Consider claim 4 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teaches the radio quality information indicates radio quality for each
`
`predetermined band(seeat least 4 [0268], “...the information aboutthe first and the
`
`second CCAlevels indicate the first and the second CCA levels or information about a
`
`level difference betweenthe first or the second CCAlevel andthe first and the second
`
`CCAlevels...”).
`
`Consider claim 5 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teaches the predetermined bandis a bandin units of resource units (RUs)
`
`(see at least { [0201], “...an efficient resource operation on the space may bedifficult
`
`because a CCAlevel, that is, a CCA threshold, is managedas a fixed value within a
`
`single BSS for each channel bandwidth ...” and also seeat least J [0250], “... AP/STA
`
`performs OFDMAtransmission in a frame, the OBSS-DL-CCA-CS-threshold value and
`
`the OBSS-UL-CCA-CS-threshold value in the aforementioned embodiments may be
`
`subdivided in a resource unit (RU) unit and indicated/applied...”).
`
`Consider claim 6 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teaches the predetermined bandis a band in units of 20 MHz(seeatleast {
`
`[0250], “...a CCA operation is performed in a 20 MHz unit (or channel spacing or a
`
`channel width). ..”).
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 7
`
`Consider claim 7 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teaches whetheror not the SR signal is receivable in the other radio
`
`communication apparatus; whether or not an interference level in the other radio
`
`communication apparatus is lower than a threshold; the interference level in the other
`
`radio communication apparatus; and received quality when communication is performed
`
`from the radio communication apparatus to the other radio communication apparatus (see
`
`at least { [0208], “...the SR STA may set a new CCA-CS-threshold value (of a minimum
`
`receive sensitivity level (or minimum CCAsensitivity level) or higher) ...”).
`
`Consider claim 8 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teaches the radio quality information indicates radio quality of each of the
`
`BSSs (seeat least { [0011], “...the BSS although each BSS can transmit a signal
`
`according to a communication environmentand/or channel quality ...”).
`
`Consider claim 9 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teaches wherein the radio quality information indicates radio quality for a
`
`BSS that belongsto a first group includingthe first BSS, and radio quality for a BSS that
`
`belongs to a second group whichis different from the first group (see at least {| [0203],
`
`“ ..1ts own signal is determined to not have a great influence on another STA when
`
`executing SR, the STA adjusts a CCAlevel to be low (or reducing a criterion by which
`
`the idle state of a channel is determined), thereby enabling transmission resources to be
`
`used moreefficiently ...”).
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 8
`
`Consider claim 10 (dependsonat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teachesthe radio quality information includes received quality when
`
`communication from the radio communication apparatus to the other radio
`
`communication apparatus is performed, and the control circuitry calculates, based on the
`
`received quality, a first transmission powersatisfying a predeterminederrorrate in the
`
`other radio communication apparatus, calculates a second transmission power based on a
`
`signal from the second BSS, and when the second transmission poweris greater than the
`
`first transmission power, the control circuitry determines transmission of the SR signal
`
`(see at least { [0196], “...an STA may determine a channelto be busy if a specific signal
`
`is detected with intensity (dBm) of a threshold value or more regardless of a signal
`
`defined in the 802.11 system.In this case, the threshold maybe calculated as a value that
`
`is 20 dBm higherthan that of CCA-CS. For example, an STA may determine a channel to
`
`be busyif a threshold is -62 dBm or morein the case of 20 MHz channel spacing. ..”).
`
`Consider claim 11 (depends onat least claim 1), Kim discloses the limitations of
`
`claim 1 as applied to claim rejection 1 above and further discloses:
`
`Kim teachesthe transmission powerfor the SR signal is greater than the first
`
`transmission powerandis less than the second transmission power(see at least { [0196],
`
`“’..an STA may determine a channelto be busyif a specific signal is detected with
`
`intensity (dBm) of a threshold value or more regardless of a signal defined in the 802.11
`
`system.In this case, the threshold may becalculated as a value that is 20 dBm higher
`
`than that of CCA-CS. For example, an STA may determine a channelto be busyif a
`
`threshold is -62 dBm or morein the case of 20 MHz channel spacing...” and seeat least
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 9
`
`[0230], “...the received powerof the inter-BBS frame is found to be smaller than the
`
`threshold value, the SR STA may determinethat the transmission/reception channel of
`
`the inter-BBS frameis idle and may transmit (i.e., perform SR) a signal/data through the
`
`corresponding channel...”).
`
`Conclusion
`
`7.
`
`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 shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened statutory 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 MONTHSfrom the date ofthis
`
`final action.
`
`8.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHUONG A NGO whosetelephone numberis (571)270-7264.
`
`The examiner can normally be reached Monday-Thursday from 5:30AM-4:00PM.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 16/969,699
`Art Unit: 2645
`
`Page 10
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Anthony S Addy can be reached on (571) 272-7795. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
`to registered users. To file and managepatent submissions in Patent Center, visit:
`
`https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more
`
`information about Patent Center and https://www.uspto.gov/patents/docx for information about
`
`filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC)
`
`at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/CHUONG A NGO/
`Primary Examiner, Art Unit 2645
`
`