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
`
`10/03/2018
`
`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.
`15/619,081
`Examiner
`RYAN C KAVLESKI
`
`Applicant(s)
`HUANG etal.
`Art Unit
`2412
`
`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 6/9/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`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 aflowabte. 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 6/9/2017 is/are: a). accepted or b)D 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). All
`
`b)D Some”
`
`C)D None of the:
`
`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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper NO(S)/Mai| Date 6/9/17, 4/26/18, 7/23/18, 8/17/18_
`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 20180925
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 2
`
`Notice of Pre-AIA 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
`
`In response to communication filed on 6/9/2017.
`
`Claims 1-10 are pending.
`
`Claims 1-10 are rejected.
`
`Information Disclosure Statement
`
`The information disclosure statements (IDS) submitted on 6/9/2017, 4/26/2018, 7/23/2018, and
`
`8/17/2018 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statements are being considered by the examiner.
`
`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-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 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 pre-AIA the applicant regards as the invention.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 3
`
`Claim limitation ”PPDU generator” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph. However, the written description fails to disclose the corresponding structure, material, or
`
`acts for performing the entire claimed function and to clearly link the structure, material, or acts to the
`
`function. Although Fig. 5 and paragraph 171 of the Specifications disclose that a PPDU generator is
`
`included in a controller, there is no specific structure defined within the specifications to enable one of
`
`ordinary skill in the art to understand what corresponding structure the generator would comprise of or
`
`be defined as. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35
`
`U.S.C. 112, second paragraph.
`
`Applicant may:
`
`(a)
`
`Amend the claim so that the claim limitation will no longer be interpreted as a limitation under
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
`
`(b)
`
`Amend the written description of the specification such that it expressly recites what structure,
`
`material, or acts perform the entire claimed function, without introducing any new matter (35
`
`U.S.C. 132(a)); or
`
`(c)
`
`Amend the written description of the specification such that it clearly links the structure,
`
`material, or acts disclosed therein to the function recited in the claim, without introducing any
`
`new matter (35 U.S.C. 132(a)).
`
`|f applicant is of the opinion that the written description of the specification already implicitly or
`
`inherently discloses the corresponding structure, material, or acts and clearly links them to the function
`
`so that one of ordinary skill in the art would recognize what structure, material, or acts perform the
`
`claimed function, applicant should clarify the record by either:
`
`(a)
`
`Amending the written description of the specification such that it expressly recites the
`
`corresponding structure, material, or acts for performing the claimed function and clearly links
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 4
`
`or associates the structure, material, or acts to the claimed function, without introducing any
`
`new matter (35 U.S.C. 132(a)); or
`
`(b)
`
`Stating on the record what the corresponding structure, material, or acts, which are implicitly or
`
`inherently set forth in the written description of the specification, perform the claimed function.
`
`For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) IN GENERAL—The specification shall contain a written description of the invention, and
`of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to
`make and use the same, and shall set forth the best mode contemplated by the inventor orjoint
`inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any person
`skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the
`same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
`
`Claims 1-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 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.
`
`Regarding claims 1-9, the claim limitation ”PPDU generator” invokes 35 U.S.C. 112(f) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph. However, the written description fails to provide the corresponding
`
`structure, material, or acts for performing the entire claimed function and to clearly link the structure,
`
`material, or acts to the function. Although Fig. 5 and paragraph 171 of the Specifications disclose that a
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 5
`
`PPDU generator is included in a controller, there is no disclosure sufficiently written within the
`
`specifications to convey to one of ordinary skill in the art the corresponding structure of the generator.
`
`Claim Rejections - 35 USC § 102
`
`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 of rejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under either status.
`
`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 made in this Office action:
`
`A person shall 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.
`
`Claims 1-3,9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al.
`
`(US Pub. 2010/0260159)(21 hereafter).
`
`Regarding claims Ti. and ill}, Zfi. teaches a wireless cemrridnlcatieii device (Le. access pein'tjlreier
`
`Fig. 1; 14} comprising:
`
`a physicai layer pretecel data unit {PPDLliiie data tiriitjirefer Fig. 2'} generates” lie. PH‘Y’
`
`unitjlrefer Fig. 1; 20jltiie PHY unit ef the access point generates data unitsjiparagraph 0069},
`
`which in operation, generates a PPSU including a legaty preamble lie. legacy shert training
`
`field {L—STFjjlrefer Fig. 5; lilifijlparagrapii 0074}, a legacy header (Le. iegacy signal field ll.—
`
`Sli‘iifirefer Fig. 5; liZliparagraph 0074}, a nanniegacy header lie. very high threughpiit signal
`
`field (Vi-iT—Slfijjlreier Fig. 5; 115 and llfijlparagraph 0074}, a data field {refer Fig. 5; 140}, and
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 6
`
`identification information (ire, reserved hit) indicating that the noh—iegatty header is ineiiided in
`
`the PPDU {reserved hit is used to signai to a device configured according to a communication
`
`protoeoi that the data uhit eonferms to said protoctfl)[paragraph {"5082}; and
`
`a transmitter [refer Fig, 1; 21}, which in operation, transmits the PPDU {paragraph
`
`onset
`
`Regarding eiaim ‘2, Zfi. teaehes the identification information is ferrhat identification information
`
`ihciucied in a top portion ofthe non—Eegacy header {the reserved hit is iocated within the VHT—
`
`SEGZ data fieid (Le. too portiohiiiparagraoh 0982}
`
`Regarding eiaim 3, Zfi. teaehes the her» iegacy header is disposed (Le. iocated) ininiediateiy
`
`after the iegacy header in the PPDU {Vi-iT--Sit3 fieid is iocated after the i_--Sit3 fieidifrefer Fig. 5;
`
`116}
`
`Regarding claim 9, 21 teaches the transmitter inciudes a modtaiator, which in operation,
`
`meduiates the PPDU {paragraph 097?}, and the moduiater meddiates the non-legacy header by
`
`using a first phase {ie rotation) that differs from a second phase used to moduiate one of the
`
`iegacy preamhie and the iegacy header (the meduiatieh for the iegacy portion is rotated at
`
`different angies (Le: phaseflparagraph 03W}, the meduiation otthe VHT fieids (Le, nondegacy)
`
`are rotated by different angies that can be different from the rotations used in the iegacy
`
`),
`portion {paragraph £3081}?
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 7
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`Claim Rejections - 35 USC § 103
`
`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 of rejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`set forth in this Office action:
`
`A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art
`are such that the subject matter as a whole would have been obvious at the time the invention was made to a
`person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be
`negatived by the manner in which the invention was made.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
`
`summarized as follows:
`
`PENN!“
`
`Determining the scope and contents of the prior art.
`
`Ascertaining the differences between the prior art and the claims at issue.
`
`Resolving the level of ordinary skill in the pertinent art.
`
`Considering objective evidence present in the application indicating obviousness or
`nonobviousness.
`
`This application currently names joint inventors. In considering patentability of the claims the
`
`examiner presumes that the subject matter of the various claims was commonly owned as of the
`
`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised
`
`of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that
`
`was not commonly owned as of the effective filing date of the later invention in order for the examiner
`
`to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art
`
`against the later invention.
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 8
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`Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US Pub.
`
`2010/0260159)(21 hereafter) in view of Rajagopal et al. (US Pub. 2015/0282068)(R1 hereafter).
`
`Regarding eiairn ti, aitheugh Zfi. teaches the format identification information is individuaiiy
`
`described in the non—iegacy header {the moddiation and coding,r scheme fieid is in the VHT—SiGl
`
`iieidiirefer Fig 53; filtiiioaragraeh {307.9}, 21 fails to disciose the horn iegacy header inciudes
`
`information regarding one or more channei bandwidths, and the format identification
`
`information and the information regarding the one or more rghahnei bandwidths are
`
`individuaiiy described in the non—Eegacy header.
`
`R1 discioses a variabie bandwidth mode inihienientatioh for wireiess communications
`
`using a breambie sequence, such as a i’SoEai,i sequence [paragraph 0112}, the bandwidth used
`
`for the payioad can be indicated in the header (ie hon~iegaey headeriiearagraoh {3116}.
`
`it wouid have been obvious to one of ordinary skiii in the art before the effective iiiing
`
`date of the ciainied inventien to rnodiiy the teachings oi 21 to incorporate identification of
`
`bandwidths as taught by R1. fine wouid be rnetivated to do so to provide an advantage of
`
`iiexibiiity for providing bandwidths for different preambie sequences [refer R1; paragraph
`
`0116i
`
`Regarding ciairn 5, aitheugh 21 teachea the format identification information is described in a
`
`singie fieid in the non~iegacy header {the moduiation and coding scheme fieid is in the VHT~
`
`SiGl iieidiireter Fig.5;116floaragraoh @079}, 21 taiis to disciose the non-- iegacy header
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`inciudes information regarding one or more channei bandwidths, and the format identification
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 9
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`information and the information regarding the one or more channei bandwidths are jointiy
`
`described in a singie fieid in the nonviegacy header.
`
`R1 disoioses a variahie bandwidth mode imniementation for wireiess mmmunieations
`
`using a preambie sequence, such as a Goiay sequence [paragraph 0112}, the bandwidth used
`
`for the oayioad can be indicated in the header (ice. non—iegacy headeriioaragraoh filth},
`
`it weuid have been obvious to one of ordinary,i skiii in the art before the effective fiiing
`
`date of the ciaimed invention to modify the teachings of Zi. to incorporate identification oi
`
`bandwidths as taught by R1. One wouid be motivated to do so to provide an advantage of
`
`fiexihiiity for providing bandwidths for different nrearnhie sequences {refer R1; paragraph
`
`0116}
`
`Regarding ciaim 5, 21 faiis to diseiose each of the format identification information and the
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`information regarding; the one or more channei bandwidths is described in the non~iegaoy
`
`header by using a sequence, and the sequenee is seiected from among a piuraiity of sequences
`
`defined in accordance with the channei bandwidths:
`
`R1 discioses a variabie bandwidth mode imoiementation for wireiess communications
`
`using a preamhie sequence, such as a Goiay sequence {i.e, sequence seiected from among a
`
`piuraiity of sequencesiioaragraph 0112}, Goiay sequences can be used for nreamhie repetitions
`
`{paragraph 0068}, and the bandwidth used for the bayiead can be indicated in the header (ice.
`
`non-iegaey headerfiparagrapn 0115}.
`
`it wouid have been obvious to one of ordinary skiii in the art before the effective fiiing
`
`date of the ciaimed invention to modify the teachings of 21 to incorporate identification of
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 10
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`bandwidthe a5 taught by R1. fine weuld he metivaterj to do so to provide an advantage of
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`fiexihiiity for providing bandwidths for different preambie sequences {refer R1; paragraph
`
`0116}
`
`Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over 21 in view of
`
`Zhang et al. (US Pub. 2015/0117227)(ZZ hereafter).
`
`Regarding claim ?‘, 21 teaches the transmitter inductee: a modulater, which in eperatien, maps
`
`the encoded iegaey header and the encoded hen-legacy header to the same consteiiation (ie.
`
`BPSKHparagraph 0686}.
`
`However 21 faiie to eiiseiese that the transmitter inrgiudea an ehceeier, which in
`
`operation, performs errer cerrectieh ceding on the PPDU lay encoding the legacy header and
`
`the nehulegacy header irate a singie codewerd.
`
`22 discloses a PHY processing unit that comprises of a scramhier te scramble
`
`intermatioh hit streams and an ferward error rgerrectien (FEC) encoder te encode the
`
`scrambled hits, the FEC encetler is abie te interieeve the encoded ciate bits to prevent lehg
`
`aettuences (Le. enceeiing the legacy and nee—legacy into a single codeword){earagrahh 0107}
`
`it wouitl have been obvieus te one at ordinary skill in the art before the effective iiiing
`
`eiate ef the clairneri irweritien to rnerliiy the teachings Cal 21 te exolieitiy acrairihie and perform
`
`forward errer cerrectieh encetiing on physical data units as taught by 22. One weuid he
`
`motivate te tie 5e te hrevide the use oi ltrrewn technique in the field (if endeavor to a knewn
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 11
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`method, such as: the ‘tranemiesion of a ohvsicai riata unit cornoi'ising, iegacy and high ti‘irougi‘ihiit
`
`(Lei non—iegacyi headers as taught by 21, to vieid predictehie resuits,
`
`Regarding chain: 8, 21 doesn’t exoressiv disciose the transmitter inciudes a scrambier, which in
`
`operation} performs sei'amhiihg on the PPUU and an ehrxsdei', whith in operation, oerforrns
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`error correction ending on the scrambied PPDU, and the scrambling is not performed on the
`
`identification intorrnatinn,
`
`22 discioses a PHY processing,r unit that comprises of a scramhier to scramhie
`
`information hit streams and an forward error correction encoder to encode the scramhied hits
`
`[paragraph @107}, the data unit sent aiiovvs for a receiving device to determine the oarticuiar
`
`coding scheme being utiiized within the oreamhie of the data unit aiiowihg for the remaining
`
`portion of the data unit to he deeoded accordingiv (Le. the scramoiing is not performed on the
`
`identification intorrnationflparagraph {3057'}.
`
`it vvotiid have been obvious to one of erdinarvi skiii in the eat before the effective tiiing
`
`date of the ciaimed invention to modify the teachings of 21 to expiicitiv scramhie and perform
`
`forward error correction encoding en physicai data units as taught by 22. One weuid he
`
`motivate to do so to provide the use of known technique in the fieid of endeavor to a known
`
`method, such as the transmission of a ehvsieai data unit eoa‘nerising iegacv and high throughput
`
`(ire. non—Eegacv) headers as taught by 21, to vieid oredictahie resuits.
`
`Conclusion
`
`

`

`Application/Control Number: 15/619,081
`Art Unit: 2412
`
`Page 12
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`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.
`
`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
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`/MOHAM ED A KAMARA/
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`Primary Examiner, Art Unit 2412
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