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
`
`15/619,081
`
`06/09/2017
`
`LEI HUANG
`
`731156.621C1
`
`9983
`
`S eed IP Law Group LLP/Panas on1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`KAVLES KL RYAN C
`
`ART UNIT
`
`2412
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/27/2019
`
`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)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/619,081
`Examiner
`RYAN c KAVLESKI
`
`Applicant(s)
`HUANG etal.
`Art Unit
`2412
`
`AIA (FITF) 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 12/31/2018.
`[: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—10 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) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible 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 PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] 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)D All
`
`b)I:l Some**
`
`c)C] 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)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`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 20190315
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Response to Amendments
`
`This communication is in response to Applicant’s reply filed under 3 CFR 1.111 on 12/31/2018.
`
`Claims 1,2, and 4-10 were amended and claims 1-10 remain pending.
`
`Amendment to claim 1 in response to rejection under 35 USC § 112, second paragraph has been
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`considered. The amendment to the claims obviates previously raised rejection, as such this rejection is
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`hereby withdrawn.
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
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`prior Office action.
`
`Claims 1-10 are rejected under 35 U.S.C.103 as being unpatentable Zhang et al. (US Pub.
`
`2010/0260159)(21 hereafter) in view of Zhang et al. (US Pub. 2015/0117227)(ZZ hereafter) in further
`
`view of Rajagopal et al. (US Pub. 2015/0282068)(R1 hereafter).
`
`Regarding claims 1 and 10, 21 teaches a wireless cemmunication device (Le. access paintilrefer
`
`Fig, 1; 14] comprising:
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 3
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`a physicai iayer oretoeoi data unit {PPDLiiite data uhitiirefer Fig. 2'} generation circuitry
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`(Le. PH‘r’ tinitiirefer Fig. 1; Zfliithe PH‘r’ unit of the access point generates data unitsiiparagraph
`
`0069}, which in operation, generates a PPUU inciudihg a iegecy nrearnhie tie. iegeey short
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`training fieid (t—STF}}[reier Fig.5;104iiparagraph 0074}, a iegacy header fie, iegacy signai iieid
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`(L—Sifiiiireier Fig. 5; tiliiparagraph 0374}, a nen‘iegacy header (Le. yery high throughput sighai
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`fieid (Vi-iT—Sifiiiireier Fig. 5; 115 and lldimaragraph 0074}, a data tieid {refer Fig. 5; 140}; and
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`a transmission circuitry {refer Fig. i; 21}, which in oneration, transmits the PPDU
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`{paragraph 006?}.
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`However 21 the transmission circuitry includes an encoding circuitry, and the encoding
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`circuitry, in operation, performs error correction coding on the PPDU hy encoding the iegacy
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`header and the nen—iegaey header into a first codeword.
`
`22 discioses a Pi—i‘i’ processing unit that comprises of a scramhier to serarnhie
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`information hit streams and an forward error correction {FEC} encoder to encode the
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`scramhied hits, the FEC encoder is ahie to ihterieaye the encoded data bits to prevent icing
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`sequences {i.e. encoding the iegaey and non—iegacy into a singie codewordiiparagraeh {1107'},
`
`it wetiid have been obvious te one of ordinary siziii in the art before the effective tiiihg
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`date of the eiainied invention to modify the teachings of 21 to exniicitiy scramhie and perform
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`forward error cerrectien enceding on ohysicai data units as taught by 22. fine wotiid he
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`rnotiyate to do so to provide the use of known technique in the fieid of endeavor to a known
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`rnethod, such as he transmission of a ohysicai data unit comprising iegacy and high throughput
`
`(Le. non~iegacyi headers as taught by 21, to yieid predictahie resnits,
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`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 4
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`However 21 in View 01:22 faiis tn disciese the nen‘legacy header in the first. endewerd
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`incinding a fieid indicating a channel bandwidth
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`R1 discloses a variable bandwidth inerle iihniementatien fer wireiess rentnnmieatiens
`
`using a preamble sequence, such as a Goiay secgiience [paragraph 0112}, the bandwidth used
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`fer the payiead can be indicated in the header (ice. nah—legacy headerflearagraeh Emilia},
`
`it wcrtiid have been ohviens tn one of erdinan,i skill in the art hefere the effective filing
`
`date of the claimed inventinn tn modify the teachings rat Zil. to inem‘perate identification of
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`bandwidths as taught by hi. One wenld he rnetivated to do so to provide an advantage of
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`flexibility for previding bandwidths ler different nrearnhie sequences {refer R1; paragraph
`
`0116}
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`Regarding claim 2, 21 teaches the nan-legacy header inciudes identification intermatien he.
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`reserved bitflreserved bit is used to signai to a device configured according ta 3 ecimmtinieatien
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`pretecel that the data unit cenforrns te said preteceiflparagraeh @082}, and the identificatien
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`information indicates that the nondegacy header is included in the generated PPBU {reserved
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`bit is used te signai te a device configured aceerding te a communicatien eroteeei that the data
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`unit centerrns to said pmteceiflearagranh 0082] and is fermat identificatien information
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`ineiuded in a top portion of the non-iegacy header (the reserved hit is lecated within the VHF-
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`SEGZ data field {Le ten pertienllinaragraph 0082}.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 5
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`Regarding claim 3, 21 teaches the nen— legacy header is dispersed (lie, lecatedi immediately
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`after the legacy header in the PPDU {Vi-lT—SEG field is ldcated after the L—SlG fieldilrefer fig. 5;
`
`1161
`
`Regarding claim 4, altheugh 21 teaches the format identificatien inferrnatien is individually
`
`described in the ndn~legacy header {the inddulaticrn and coding scheme field is in the VHT~Sl€31
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`fieldilre'ler Fig. 5; tifiiiearagrabh 007d}, 21 fails t0 disclese the field indicating the channel
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`bandwidth is individually described in the nen~legacy header.
`
`R1 disclnses a variable bandwidth made inielenientatinn fer wireless cernrnunicatiens
`
`using a preamble seduence, such as a Gelay sequence [paragraph 0112}, the bandwidth used
`
`for the paylead can be indicated in the header lie nen~legacy headeriiearagrabh {3116}.
`
`lt would have been obvious te arse cat ordinary slzill in the art before the effective filing
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`date of the claimed invention to modify the teachings bf 21 to incorpbrate identification of
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`bandwidths as taught by R1. fine would he rnetivated to do se to preyide an advantage cn"
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`flexibility for providing bandwidths fcsr different preamble sequences [refer R1; paragraph
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`0115}
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`Regarding clairn 5, although 21 teaches the fermat identificatidn information is described in a
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`single field in the ncin~legacy header {the incidulaticsn and coding scheme field is in the VHT~
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`SlGl fieldllrefer Fig. 5; llfiflbaragraeh @079}, 21 fails tcs disclese the fermat identificatien and
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`the field indicating the channel bandwidth are jointly described in a single field in the new
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`legacy header.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 6
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`R1 discieses a variabie bandwidth tnede ininiernentatien int witeiess catntndnicatiens
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`using a bteambie sequence, such as a Gdiay sequence [paragraph @112}, the bandwidth used
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`for the nayiead can be indicated in the header €i.ei nendegacy headeriinaragtabh {3116}.
`
`it weuid have been ebvibus ta ene at brdinaty skiii in the art befbre the effective tiiing
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`date at the ciairned inventinn tn niediiy the teachings bi 21 te incerpbrate identiticatieh at
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`bandwidths as taught by R1. One weuid be metivated tc: dc: se to previde an advantage at
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`tiexihiiity fer previding bandwidths tor diiierent. nreatnbie sequences {refer R1; paragraph
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`3115}
`
`Regarding ciaiin 6, .21 faiis tc: discibse each of the format identificatiqn inferinatibn and the fieid
`
`indicating the chanhei bandwidth are described in the hdn‘iegacy header by using a sequence,
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`and the sequence is seiected train among a piuraiity at sequences defined in accerdance with
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`the channei bandwidth:
`
`R1 discioses a variahie bandwidth made impiementation for witeiess eenii‘minieations
`
`using a breambie sequence, such as a Geiay sequence (Le. sequence seiected from among a
`
`biutaiity of sequencesiiparagranh £3112}, Geiay sequences can he used for preambie repetitions
`
`[paragraph 05168}, and the bandwidth used for the payidad can be indicated in the header (Le,
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`nen-iegacy headeriiparagrabh 8116}.
`
`it weuid have been obvious tb cine at ordinary skiii in the art before the effective tiiing
`
`date cm" the ciairned inventinn to medity the teachings of 21 te incerpetate identificatien at
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`bandwidths as taught by R1. One weuid be inbtivated to dc: sci to prcivide an advantage at
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 7
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`fiexihiiity for providing bandwidths for different oreamhie sequences {refer iii; paragraph
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`0116}
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`Regarding ciaim 7, 21 teaches the transmission circuitry inciudes: a mociuiation circuitry, which
`
`in operation, mans the encoded iegecy header and the encoded non—iegacy header to the same
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`consteiiation (Le. BPSKEparagraph 0086}
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`Regarding ciaim 8, 21 doesn’t expressiy disciose the transmitter inciiides a scramhier, which in
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`operation} performs scremhiing on the PPUU and an encoder, which in operation, oerforms
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`error correction coding on the scrambled PPDU, and the scrambling is not performed on the
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`identification information,
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`22 discioses a PHY processing unit that comprises of a scramhier to scramhie
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`information hit streams and an forward error correction encoder to encode the scrambied hits
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`{paragraph 8187}, the data unit sent aiiows for a receiving device to determine the oarticuiar
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`coding scheme being; utiiizeci within the oreamhie ofthe data unit aiiowing tor the remaining
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`portion of the data unit to he decoded accordingiy tie. the scramhiing is not performed on the
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`identification intormationflparagraoh {3057'}.
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`it wotiid have been obvious to one of ordinaryi skiii in the art before the effective tiiing
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`date of the ciaimeci invention to modify the teachings of 21 to expiicitiy scramhie and perform
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`forward error correction encoding on physical ciete units as taught by 22. One weuid he
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`motivate to do so to provide the use of known technique in the fieid of endeavor to a known
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 8
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`method, such ass the ‘tranemigsien at a physicai data unit mmprieing iegar;y and high tf‘arrmgf‘ahirt
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`(Le. non—legacy} headers as taught by 21, te yield predictabie resuits.
`
`Regarding claim 9, 21 teaches the transmitter includes a meduiater, which in eberatiorr,
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`ineriuiatee the PPSU {paragraph 0077}, and the meduiatnr rnrariuiates the nebulegacy header by
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`using a first phase (Le. retatien} that differs from a second phase used te modulate (me of the
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`iegaey preamble and the iegatty header (the merquatiera fer the iegacy prartirm is retated at
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`different angies (Le. phaseiiparagraph 007?}, the modulatien efthe VHT fieitis (Le. non—legacy}
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`are retested by different angles that can be different frem the retatieng wed in the iegacy
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`portien {paragraph 00811}.
`
`Response to Arguments
`
`Applicant's arguments filed 12/31/2018 have been fully considered but they are not persuasive.
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`Regarding claims 1 and 10, applicant argues that the applied reference does not teach newly
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`added claim limitation, namely, ”perform error correction coding on the PPDU by encoding the legacy
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`header and the non-legacy header in a first codeword, the non-legacy header in the first codeword
`
`including a field indicating a channel bandwidth,” previously present in claim 7.
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`In response to the above-mentioned argument, examiner respectively disagrees.
`
`In response to
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`applicant's arguments against the references individually, one cannot show nonobviousness by attacking
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`references individually where the rejections are based on combinations of references. See In re Keller,
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`642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & C0,, 800 F.2d 1091, 231 USPQ 375 (Fed. Cir.
`
`1986). Regarding the limitation ”perform error correction coding on the PPDU by encoding the legacy
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 9
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`header and the non-legacy header in a first codeword,” this was originally rejected in view of the
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`teachings of 2hang, US Pub. 2015/0117227, hereafter referred to as 22, as noted in the Office action
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`filed on 10/3/2018 on page 11. As previously noted, examiner indicated that 2hang, US Pub.
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`20100260159, 21 hereafter, did not expressly disclose this limitation, but used the combined teachings
`
`with 22 for meeting this deficiency. As noted in the previous Office action, 22 discloses a PHY processing
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`unit that comprised of a forward error correction (FEC) encoder (i.e. the claimed encoder) that encodes
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`scrambled bits and interleave the encoded bits to prevent long sequences [22; paragraph 0107].
`
`Given the broadest reasonable interpretation of the claim language, as required by MPEP 2111,
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`to encode a legacy and non-legacy header into a first codeword can be reasonable seen as encoding any
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`type of output encoding since the terrn a codeword or otherwise known as block code can refer to any
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`error»correcting code that acts on a set (Le. block or word) of bits of input data to produce bits of output
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`data. 22 clearly discloses that the error correction coding being performed by the PHY processing unit is
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`a type of block encoding {refer 22; paragraph 0111}, which meets this criteria.
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`Regarding the limitation of ”the non-legacy header in the first codeword including a field
`
`indicating a channel bandwidth,” this was previously present in claim 4 in which examiner cited the
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`teachings of Rajagopal et al. (US Pub. 2015/0282068)(R1 hereafter) in combination with the teachings of
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`21 as noted in the Office action filed on 10/3/2018 on page 8. R1 discloses that bandwidth used for a
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`payload of communications can be indicated in a header [refer R1; paragraph 0116], which can be
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`broadly seen as a field indicating a channel bandwidth in a non-legacy header.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
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`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 10
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can
`
`normally be reached on M-F 6:30am-3pm.
`
`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 supervisor,
`
`Charles C Jiang can be reached on 571-270-7191. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 11
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`Information regarding the status of an application may be obtained from the Patent Application
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`
`Ryan Kavleski
`
`/R. K./
`
`Examiner, Art Unit 2412
`
`/CHARLES C JIANG/
`
`Supervisory Patent Examiner, Art Unit 2412
`
`