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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
`
`17/093, 160
`
`11/09/2020
`
`LEI HUANG
`
`731156.682C2
`
`5726
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`PHUNKULH, BOB A
`
`ART UNIT
`
`2412
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/10/2022
`
`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*
`1-16 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-16 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 11/09/2020 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
`11/09/2020;03/10/2021;09/21/2021.
`
`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 20220503
`
`Application No.
`Applicant(s)
`17/093, 160
`HUANG etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`BOB A PHUNKULH
`2412
`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 11/09/2020.
`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: 17/093,160
`Art Unit: 2412
`
`Page 2
`
`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.
`
`DETAILED ACTION
`
`Claim Objections
`
`Claims 10-16 are objected to because of the following informalities:
`
`the
`
`preamble of each claim should be correct to -The communication method--.
`
`Appropriate correction is required.
`
`Double Patenting
`
`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 double
`
`patenting rejection is appropriate where the conflicting claims are not identical, 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 USPQ2d 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); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 3
`
`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 nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly owned with the examined application, or claims an invention made as a
`
`result of activities undertaken within the scope of a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination under the first inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146et seq.for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`
`befilled out completely online using web-screens. An eTerminal Disclaimer that meets
`
`all requirements is auto-processed and approved immediately upon submission. For
`
`more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/process/file/efs/guidance/eT D-info-l.jsp.
`
`Claims 1-16 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-16 of U.S. Patent No. 10,862,635. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because the
`
`instant set of claims are the respective of a serving node eg. Access Point (AP or
`
`network node) where the issued claims 1-16 are respective of the communication
`
`devices served by the serving node within the scope to the issued claims.
`
`It would have
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 4
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`been obvious to one having ordinary skill in the art the instant claims arestill
`
`encompassedby claims 1-16 of U.S. Patent No. 10,862,635.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 9-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor (or for applications subject
`
`to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`Regarding claim 9, the claim failed to cite any physical structure (base station,
`
`enb, UE, user equipment, etc...) for performing the method stepsin either the preamble
`
`or in the body of the claim -thus the claim is vague and indefinite.
`
`Claim Rejections - 35 USC § 103
`
`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
`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.
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 5
`
`Claims 1-4, 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`ABRAHAMetal. (US 2010/0220679 A1), hereinafter ABRAHAM in view of CHO/etal.
`
`(US 9838093 A1), hereinafter CHOI.
`
`Regarding claim 1, ABRAHAM discloses a communication apparatus (AP 302,
`
`see figure 3) comprising:
`
`a receiver, which, in operation, receives a sounding signal (each of a plurality of
`
`STAstransmitting a sounding signal to the AP, see figure 3, see J 0084); and
`
`a transmitter, which, in operation, transmits first feedback information of the
`
`sounding signal, the first feedback being transmitted with second feedbackinformation
`
`by a multiuser transmission (in response to the sounding signal from any of the STA,
`
`the AP transmits RMCsignal to the each of the STAs 310-1 to 310-3 to improve
`
`communication signal quality, see § 0090-0096),
`
`wherein the multiuser transmission is performed over a plurality of
`
`communication links including a first communication link and a second communication
`
`link, and the first beamforming feedback information corresponds to the first
`
`communication link (the AP transmits the RMC signal to STA 310-1 and transmits the
`
`RMC signal to STA 310-2, see ¢ 0090-0096, where AP to STA 310-1 is interpreted as
`
`the first link and AP to STA 310-2 as the secondlink), and
`
`the second feedbackinformation corresponds to the second communication link
`
`(the AP transmits the RMC signal to STA 310-1 and transmits the RMCsignal to STA
`
`310-2, see ¥ 0090-0096, where AP to STA 310-1 is interpreted as thefirst link and AP
`
`to STA 310-2 as the secondlink).
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 6
`
`ABRAHAM fails to disclose thatthe first feedback and the second feedback
`
`signal are beamforming signal.
`
`In the same field of endeavor, CHO! discloses that an Access Point (AP)
`
`simultaneously transmitting beamformed data framesto a plurality of stations (STAs)
`
`(see § 0005, 0006).
`
`Therefore, it would have been obvious to one having ordinary skill in the art
`
`before the effectivefiling date of the claim invention to incorporate CHOfs teaching in
`
`the network taught by ABRAHAM to efficient use of frequency resource according to
`
`IEEE 802.11ac standard, thereby improving a performanceof signal reception.
`
`Regarding claim 2, ABRAHAMdiscloses the first feedback information contains
`
`first power control information (power control information is provided by RMC message,
`
`see 0094).
`
`Regarding claim 3, ABRAHAMdiscloses wherein the receiver receives second
`
`power control information before the transmitter transmits the first beamforming
`
`feedbackinformation (the RTS-MA frame 800also includes a power control field 806.
`
`The transmit power information contained in the power control field 806 is provided by
`
`the STA sothat the AP 302 can adjust the power ofits transmissions to the STA, see {
`
`0079).
`
`Regarding claim 4, ABRAHAMdiscloses the first beamforming feedback
`
`information contains subband indication information, and the first beamforming
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 7
`
`feedback information corresponds to an entire bandwidth or one or more subbands, the
`
`one or more subbandsbeing indicated by the subbandindication information (the RMC
`
`message reserves the medium for a duration or channel allocation, see § 0091-0092,
`
`where the network is OFDM system, see 4 0042, 0053, 0054, 0057).
`
`Regarding claim 8, ABRAHAMdiscloses wherein the one or more subbands are
`
`resource units for an orthogonal frequencydivision multiple access (OFDMA)
`
`transmission (see J 0042).
`
`Regarding claim 9, ABRAHAM discloses a communication method comprising:
`
`receiving a sounding signal (each of a plurality of STAs transmitting a sounding
`
`signal to the AP, see figure 3, see J 0084); and
`
`transmiting first feedback information of the sounding signal, the first feedback
`
`being transmitted with second feedbackinformation by a multiuser transmission (in
`
`responseto the sounding signal from any of the STA, the AP transmits RMC signal to
`
`the each of the STAs 310-1 to 310-3 to improve communication signal quality, see
`
`0090-0096),
`
`wherein the multiuser transmission is performed over a plurality of
`
`communication links including a first communication link and a second communication
`
`link, and the first beamforming feedbackinformation corresponds to the first
`
`communication link (the AP transmits the RMC signal to STA 310-1 and transmits the
`
`RMC signal to STA 310-2, see ¢ 0090-0096, where AP to STA 310-1 is interpreted as
`
`the first link and AP to STA 310-2 as the secondlink), and
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 8
`
`the second feedbackinformation corresponds to the second communication link
`
`(the AP transmits the RMC signal to STA 310-1 and transmits the RMCsignal to STA
`
`310-2, see § 0090-0096, where AP to STA 310-1 is interpreted as thefirst link and AP
`
`to STA 310-2 as the secondlink).
`
`ABRAHAM fails to disclose thatthe first feedback and the second feedback
`
`signal are beamforming signal.
`
`In the same field of endeavor, CHO! discloses that an Access Point (AP)
`
`simultaneously transmitting beamformed data framesto a plurality of stations (STAs).
`
`Therefore, it would have been obvious to one having ordinary skill in the art
`
`before the effectivefiling date of the claim invention to incorporate CHOfs teaching in
`
`the network taught by ABRAHAM to efficient use of frequency resource according to
`
`IEEE 802.11ac standard, thereby improving a performanceof signal reception.
`
`Regarding claim 10, ABRAHAMdiscloses the first feedback information contains
`
`first power control information (power control information is provided by RMC message,
`
`see 0094).
`
`Regarding claim 11, ABRAHAMdiscloses wherein the receiver receives second
`
`power control information before the transmitter transmits the first beamforming
`
`feedbackinformation (the RTS-MA frame 800also includes a power control field 806.
`
`The transmit power information contained in the power control field 806 is provided by
`
`the STA sothat the AP 302 can adjust the power ofits transmissions to the STA, see {
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`0079).
`
`Page 9
`
`Regarding claim 12, ABRAHAMdiscloses the first beamforming feedback
`
`information contains subband indication information, and the first beamforming
`
`feedback information corresponds to an entire bandwidth or one or more subbands, the
`
`one or more subbandsbeing indicated by the subbandindication information (the RMC
`
`message reserves the medium for a duration or channel allocation, see 4 0091-0092,
`
`where the network is OFDM system, see 4 0042, 0053, 0054, 0057).
`
`Regarding claim 16, ABRAHAMdiscloses wherein the one or more subbands
`
`are resource units for an orthogonalfrequency division multiple access (OFDMA)
`
`transmission (see J 0042).
`
`Claims 5-7, 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over the combination of ABRAHAM-CHOIandfurther in view of ZHANG (US 9473341
`
`B2), hereinafter ZHANG.
`
`Regarding claims 5-7, 13-15 the combination of ABRAHAM-CHOIfails to
`
`explicitly disclose that the first beamforming feedbackinformation corresponds to a
`
`plurality of subbands including the one or more subbands, and the subband indication
`
`information indicates the plurality of subbands or the first beamforming feedback
`
`information contains a plurality of subfields containing the subband indication
`
`information, and the plurality of subfields indicate one or more tones corresponding to
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 10
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`locations of the plurality of subbands in a frequency domain or the one or more tones
`
`correspond to a width of the one or more subbands.
`
`In the same field of endeavor, ZHANGdiscloses the AP 14 receives a sounding
`
`frame 504 from a client station 25 and obtains, based on the sounding frame 504, one
`
`or more quality indicators corresponding to one or more sub-channel blocks of the
`
`communication channel between the AP and the client station 25. For example, the
`
`AP 14 obtains, based on the sounding packet 504, an estimate of the reverse
`
`communication channel from the client station 25 to the AP 14, in an embodiment. .... In
`
`an embodiment the AP 14 obtains a reverse and forward channel estimate
`
`corresponding to each OFDM tone of the communication channel or a subsetof
`
`OFDM tones, such as each second OFDM tone, each 4" OFDM tone, or any other
`
`suitable subset of OFDM tones of the communication channel. The AP 14 then obtains
`
`the quality indicators corresponding to each sub-channel blocks of the communication
`
`channel based on channel estimates corresponding to OFDM tonesincluded in the sub-
`
`channel block, in an embodiment (col. 11 line 41 to col. 12 line 25).
`
`Therefore, it would have been obvious to one having ordinary skill in the art
`
`before the effectivefiling date of the claimed invention to incorporate ZHANG’s teaching
`
`in the communication apparatus taught by the combination of ABRAHAM-CHOIfor
`
`simultaneously informing each sub-band (sub-channel) quality indicator or the entire
`
`bandwidth between the AP and a plurality of communication devices efficiently
`
`managing the sub-channel for greater throughputs.
`
`Conclusion
`
`

`

`Application/Control Number: 17/093,160
`Art Unit: 2412
`
`Page 11
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`Any responseto this action should be mailed to:
`
`The following address mail to be delivered by the United States Postal
`Service (USPS)only:
`
`Mail Stop
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`or faxed to:
`
`(571) 273-8300, (for formal communications intendedfor entry)
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Bob A. Phunkulh whose telephone number is (571)
`
`272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M.
`
`to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week ofthe bi-
`
`week).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor CHARLESC. JIANG can be reach on (571) 270-7191.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`Business Center (EBC) at 866-217-9197(toll-free).
`
`/BOB A PHUNKULH/
`Primary Examiner, Art Unit 2412
`
`