UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`14/949,581
`
`11/23/2015
`
`Hisao Koga
`
`734256.471C2
`
`6867
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`HSU' ALPUS
`
`PAPER NUMBER
`
`ART UNIT
`
`2465
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/14/2019
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`14/949,581
`Examiner
`ALPUS H HSU
`
`Applicant(s)
`Koga et al.
`Art Unit
`2465
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 9/18/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1,4,6,8,11,13 and 15—23 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
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`is/are allowed.
`
`Claim(s) 1,4,6,8,11,13 and 15—23 is/are rejected.
`
`[:1 Claim(s)
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`is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10). The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 5/26/2017 is/are: a)l:] 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:
`
`a)I:I All
`
`b)D Some”
`
`C)D None of the:
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`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3:] Copies of the certified copies of the priority documents have been received in 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) C] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mai| Date 9/29/17, 5/25/18, 6/8/18
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190107
`
`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 2
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`DETAILED ACTION
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`Drawings
`
`2.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
`
`feature of the invention specified in the claims. The “first beacon of the first instance”, “first
`77
`(L
`77
`(L
`beacon of the second instance ,
`the second beacon of the first instance ,
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`the second beacon of
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`the second instance”, “the third beacon of the first instance’ and “the third beacon of the second
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`instance”, all must be clearly shown/identified or the feature(s) canceled from the claim(s). In
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`addition, the “flow chart” for the method steps of claims 8, 11, 13, 19-22 and the “flow chart”
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`for the newly claimed method steps as in claim 23, and the claimed operations as in claims 1,
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`4, 6, 15-18 thereof, all must also be clearly shown/identified or the feature(s) canceled from the
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`claim(s). No new matter should be entered. To be more specific, none of the FIG. 5, FIG. 7 and
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`the steps in either FIG. 8 or FIG. 9 show the claimed different beacons of different instances or
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`correspond to the claimed method steps as in claims 8, 11, 13, 19—22 or the claimed operations as
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`in claims 1, 4, 6, 15 —18 or the newly claimed method steps in claim 23 according to the detailed
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`description for these drawings as disclosed in paragraphs [0055]—[0056] (for FIG. 5), [0066]—
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`[0072] (for FIG. 7), [0076]—[0093] (for FIG. 8), and [0094]—0111] (for FIG. 9).
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended. The figure or figure number of an amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
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`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 3
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`must be removed from the replacement sheet, and where necessary, the remaining figures must
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`be renumbered and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
`
`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
`
`Specification
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`3.
`
`The specification is objected to as failing to provide proper antecedent basis for the
`
`claimed subject matter. See 37 CFR l.75(d)(l) and MPEP § 608.0l(o). Correction of the
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`following is required:
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`The newly claimed subject matter of “A communication apparatus that performs a
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`communication, through a power line, with another communication apparatus using a
`
`frequency bandwidth including a plurality of communication channels, the communication
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`apparatus comprising: a processor; and a memory that stores instructions which cause the
`
`processor to perform operations comprising: transmitting a first beacon to the another
`
`communication apparatus in a first DPC (Dynamic Power Control) mode where first power and a
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`first number of communication channels are used for transmitting the first beacon, when not
`
`receiving an ACK (acknowledgment) response to the first beacon transmitted in the first DPC
`
`mode from the another communication apparatus, transmitting a second beacon of a first instance
`
`to the another communication apparatus in a second DPC mode where second power greater than
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`the first power and a second number of communication channels fewer than the first number of
`
`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 4
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`communication channels are used for transmitting the second beacon of the first instance, and
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`retransmitting, in the second DPC mode, the second beacon of a second instance to the another
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`communication apparatus using a frequency band different from a frequency band used to
`
`transmit the second beacon of the first instance in the second DPC mode.” as in claim 1, “The
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`communication apparatus according to claim 1, wherein the processor is caused to perform the
`
`operations comprising: transmitting a third beacon of a first instance to the another
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`communication apparatus in a third DPC mode where third power greater than the second power
`
`and a third number of communication channels fewer than the second number of communication
`
`channels are used for transmitting the third beacon of the first instance, and when not receiving
`
`an ACK response to the third beacon of the first instance transmitted in the third DPC mode from
`
`the another communication apparatus, retransmitting, in the third DPC mode, the third beacon of
`
`a second instance to the another communication apparatus using a frequency band different from
`
`a frequency band used to transmit the third beacon of the first instance in the third DPC mode.”
`
`as in claim 4, “The communication apparatus according to claim 1, wherein the processor is
`
`caused to perform the operations comprising: transmitting information indicating the second
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`number to the second communication apparatus.” as in claim 6, “The communication apparatus
`
`according to claim 1, wherein the processor is caused to perform the operations comprising:
`
`transmitting a third beacon of a first instance to the another communication apparatus in a third
`
`DPC mode where third power greater than the second power and a third number of
`
`communication channels fewer than the second number of communication channels are used for
`
`transmitting the third beacon of the first instance, when receiving an ACK response to the third
`
`beacon of the first instance transmitted in the third DPC mode from the another communication
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`apparatus, transmitting the second beacon of a third instance to the another communication
`
`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 5
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`apparatus in the second DPC mode.” as in claim 15, “The communication apparatus according to
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`claim 15, wherein the processor is caused to perform the operations comprising: when not
`
`receiving the ACK response to the third beacon of the first instance transmitted in the third DPC
`
`mode from the another communication apparatus, retransmitting, in the third DPC mode, the
`
`third beacon of a second instance to the another communication apparatus using a frequency
`
`band different from a frequency band used to transmit the third beacon of the first instance in the
`
`third DPC mode.” as in claim 16, “The communication apparatus according to claim 1, wherein
`
`at least portion of the frequency band used to retransmit the second beacon of the second
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`instance overlaps with the frequency band used to transmit the second beacon of the first
`
`instance.” as in claim 17, and “The communication apparatus according to claim 1, wherein the
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`frequency band used to retransmit the second beacon of the second instance does not overlap
`
`with the frequency band used to transmit the second beacon of the first instance.” as in claim 18,
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`“A communication method implemented in a first communication apparatus that performs a
`
`communication, through a power line, with a second communication apparatus using a frequency
`
`bandwidth including a plurality of communication channels, the communication method
`
`comprising: transmitting a first beacon to the second communication apparatus in a first DPC
`
`(Dynamic Power Control) mode where first power and a first number of communication
`
`channels are used for transmitting the first beacon; and when not receiving an ACK
`
`(acknowledgement) response to the first beacon transmitted in the first DPC mode from the
`
`second communication apparatus, transmitting a second beacon to the second communication
`
`apparatus in a second DPC mode where second power greater than the first power and a second
`
`number of communication channels fewer than the first number of communication channels are
`
`used for transmitting the second beacon, wherein frequency bands of the second beacon are set
`
`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 6
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`using a round robin feature of transitioning through the frequency bands.” as in claim 23, each
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`does not have support of proper antecedent basis from the original specification.
`
`Claims 8, 11, 13, 19-22 are rejected for substantially identical reasoning as claims 1, 4, 6,
`
`15—18, except each claim is in method claim format.
`
`Claim Rejections - 35 US C § 112
`
`4.
`
`Claims 1, 4, 6, 8, 11, 13, 15—23 are rejected under 35 USC. 112(a) or 35 USC. 112
`
`(pre—AIA), first paragraph, as failing to comply with the written description requirement. The
`
`claim(s) contains subject matter which was not described in the specification in such a way as to
`
`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for
`
`pre—AIA the inventor(s), at the time the application was filed, had possession of the claimed
`
`invention.
`
`The newly claimed features of “A communication apparatus that performs a
`
`communication, through a power line, with another communication apparatus using a frequency
`
`bandwidth including a plurality of communication channels, the communication apparatus
`
`comprising: a processor; and a memory that stores instructions which cause the processor to
`
`perform operations comprising: transmitting a first beacon to the another communication
`
`apparatus in a first DPC (Dynamic Power Control) mode where first power and a first number of
`
`communication channels are used for transmitting the first beacon, when not receiving an ACK
`
`(acknowledgment) response to the first beacon transmitted in the first DPC mode from the
`
`another communication apparatus, transmitting a second beacon of a first instance to the another
`
`communication apparatus in a second DPC mode where second power greater than the first
`
`power and a second number of communication channels fewer than the first number of
`
`communication channels are used for transmitting the second beacon of the first instance, and
`
`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 7
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`retransmitting, in the second DPC mode, the second beacon of a second instance to the another
`
`communication apparatus using a frequency band different from a frequency band used to
`
`transmit the second beacon of the first instance in the second DPC mode.” as in claim 1, “The
`
`communication apparatus according to claim 1, wherein the processor is caused to perform the
`
`operations comprising: transmitting a third beacon of a first instance to the another
`
`communication apparatus in a third DPC mode where third power greater than the second power
`
`and a third number of communication channels fewer than the second number of communication
`
`channels are used for transmitting the third beacon of the first instance, and when not receiving
`
`an ACK response to the third beacon of the first instance transmitted in the third DPC mode from
`
`the another communication apparatus, retransmitting, in the third DPC mode, the third beacon of
`
`a second instance to the another communication apparatus using a frequency band different from
`
`a frequency band used to transmit the third beacon of the first instance in the third DPC mode.”
`
`as in claim 4, “The communication apparatus according to claim 1, wherein the processor is
`
`caused to perform the operations comprising: transmitting information indicating the second
`
`number to the second communication apparatus.” as in claim 6, “The communication apparatus
`
`according to claim 1, wherein the processor is caused to perform the operations comprising:
`
`transmitting a third beacon of a first instance to the another communication apparatus in a third
`
`DPC mode where third power greater than the second power and a third number of
`
`communication channels fewer than the second number of communication channels are used for
`
`transmitting the third beacon of the first instance, when receiving an ACK response to the third
`
`beacon of the first instance transmitted in the third DPC mode from the another communication
`
`apparatus, transmitting the second beacon of a third instance to the another communication
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`apparatus in the second DPC mode.” as in claim 15, “The communication apparatus according to
`
`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 8
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`claim 15, wherein the processor is caused to perform the operations comprising: when not
`
`receiving the ACK response to the third beacon of the first instance transmitted in the third DPC
`
`mode from the another communication apparatus, retransmitting, in the third DPC mode, the
`
`third beacon of a second instance to the another communication apparatus using a frequency
`
`band different from a frequency band used to transmit the third beacon of the first instance in the
`
`third DPC mode.” as in claim 16, “The communication apparatus according to claim 1, wherein
`
`at least portion of the frequency band used to retransmit the second beacon of the second
`
`instance overlaps with the frequency band used to transmit the second beacon of the first
`
`instance.” as in claim 17, and “The communication apparatus according to claim 1, wherein the
`
`frequency band used to retransmit the second beacon of the second instance does not overlap
`
`with the frequency band used to transmit the second beacon of the first instance.” as in claim 18,
`
`“A communication method implemented in a first communication apparatus that performs a
`
`communication, through a power line, with a second communication apparatus using a frequency
`
`bandwidth including a plurality of communication channels, the communication method
`
`comprising: transmitting a first beacon to the second communication apparatus in a first DPC
`
`(Dynamic Power Control) mode where first power and a first number of communication
`
`channels are used for transmitting the first beacon; and when not receiving an ACK
`
`(acknowledgement) response to the first beacon transmitted in the first DPC mode from the
`
`second communication apparatus, transmitting a second beacon to the second communication
`
`apparatus in a second DPC mode where second power greater than the first power and a second
`
`number of communication channels fewer than the first number of communication channels are
`
`used for transmitting the second beacon, wherein frequency bands of the second beacon are set
`
`using a round robin feature of transitioning through the frequency bands.” as in claim 23, each
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`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 9
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`contains subject matter which was not described in the original specification. To be more
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`specific, there is nowhere in the original disclosure described the newly claimed features of
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`different beacons of different instances or operations in the order as recited in each of claims 1,
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`4, 6, 15—18 or method steps in the order as recited in claim 23.
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`Claims 8, 11, 13, 19—22 are rejected for substantially identical reasoning as claims 1, 4, 6,
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`15—18, except each claim is in method claim format.
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`5.
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`Claims 1, 4, 6, 8, 11, 13, 15—23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112
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`(pre—AIA), second paragraph, as being indefinite for failing to particularly point out and
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`distinctly claim the subject matter which the inventor or a joint inventor, or for pre—AIA the
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`applicant regards as the invention.
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`In each of claims 1, 4, 6, 15—18 and 23, it is confusing and ambiguous for reciting
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`transmissions of different beacons of different instances in different DPC modes since it is
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`unclear as to how each of operations or method steps is carried out for the claimed invention.
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`Claims 8, 11, 13, 19—20 are rejected for substantially identical reasoning as claims 1, 4, 6,
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`15—18, except each claim is in method claim format.
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`6.
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`In view of the newly raised objections to the drawings and specification and rejections
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`under 35 U.S.C. 112(a) & 112(b), the previous 103 rejection has been temporary withdrawn.
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`However, the examiner hereby reserves the right to reapply any prior art of record for future
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`prior art rejection purpose once the above objections and rejections are resolved.
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`7.
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`Applicant's arguments filed September 18, 2018 have been fully considered but they are
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`Response to Arguments
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`not persuasive.
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`

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`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 10
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`In the remarks, regarding objections to the drawings and specification and rejections
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`under 112(a) and 112(b), the applicant argued that the mapping of the flow charts of FIGs. 8 and
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`9 in reference to paragraphs [0064]—[0072] and FIGs. 5 and 7, all objections and rejections have
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`been overcome. The examiner respectfully disagrees for the following reasons:
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`In the drawings, FIG. 5 illustrates the relationship between power and number of
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`channels used in each DPC Mode, FIG. 7 illustrates the round robin in each DPC Mode, FIG. 8
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`illustrates change of DPC Mode to increase power with decrease of number of channels, and
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`FIG. 9 illustrates change of DPC Mode to decrease power with increase of number of channels.
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`In the specification, paragraphs [0055]—[0056] describes FIG. 5, paragraphs [0066]—[0072]
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`describes FIG. 7, paragraphs [0076]—[0093] describes FIG. 8, and paragraphs [0094]—[01 l 1]
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`describes FIG. 9. The mapping of claims 8, ll, 13, 19—23 as shown by the applicant in the
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`remarks simply did not correspond to or match with the newly claimed features of transmitting
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`different beacons of different instances in different DPC modes or method steps in the same
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`order as recited.
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`Claims 1, 4, 6, 15—18 are rejected for substantially same reasons as claims 8, ll, l3, 19—
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`22, except each claim is in communication apparatus claim format.
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`Therefore, the examiner believes that all of the objections and rejections should be
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`sustained.
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`Conclusion
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`8.
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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 l.l36(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`

`

`Application/Control Number: 14/949,581
`Art Unit: 2465
`
`Page 11
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR
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`l.l36(a) will be calculated from the mailing date of the advisory action. In no event, however,
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`will the statutory period for reply expire later than SIX MONTHS from the mailing date of this
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`final action.
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`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALPUS H HSU whose telephone number is (571)272—3146. The
`
`examiner can normally be reached on Mon—Thur 7:30 AM — 5:00 PM.
`
`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://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, MARSHA D BANKS—HAROLD can be reached on (571)272—7905. 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
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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