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
`
`15/653,223
`
`07/18/2017
`
`MASATAKA IRIE
`
`731156.635C1
`
`1035
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`HAILE' AWET A
`
`PAPER NUMBER
`
`ART UNIT
`
`2474
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/29/2018
`
`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.
`15/653,223
`Examiner
`AWET A HAILE
`
`Applicant(s)
`IRIE et al.
`Art Unit
`2474
`
`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 18 July 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—11 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 18 July 2017 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:
`
`a)I:I 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)/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 20181114
`
`

`

`Application/Control Number: 15/653,223
`Art Unit: 2474
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 112
`
`2.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(b) CONCLUSION.7The 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.
`
`3.
`
`Claim 5 is 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.
`
`Regarding claim 5, the limitation “the third allocation field is identical to a duration
`
`using the second allocation field” in line 2 are relative terms which render the claim indefinite.
`
`The term “identical” is not defined by the claim, the specification does not provide a standard for
`
`ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably
`
`apprised of the scope of the invention.
`
`Claim 5 recites, “wherein a duration indicated in the third allocation field is identical to a
`
`duration using the second allocation field” it is unclear how a duration indicated on allocation
`
`filed is the same/identical to a duration used by another allocation filed, as the “a duration
`
`

`

`Application/Control Number: 15/653,223
`Art Unit: 2474
`
`Page 3
`
`indicated in the third allocation field” is referring to the information indicated by packet/frame
`
`filed and “duration using the second allocation field” is referring to the actual duration occupied
`
`by the second allocation field.
`
`Claim Rejections — 35 USC§ 102
`
`4.
`
`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)(2) the claimed invention was described in a patent issued under section 151, or in an application for
`patent published or deemed published under section 122(b), in which the patent or application, as the
`case may be, names another inventor and was effectively filed before the effective filing date of the
`claimed invention.
`
`5.
`
`Claims 1-5 and 7-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`Cordeiro( US 2014/0177543 A1).
`
`Regarding claims 1 and 10, Cordeiro ‘543 teaches, a communication method for a
`
`personal basic service set Control Point / Access Point (PCP/AP) device( see para 26—27 and
`
`Figs. 1—7, PCP/AP communication method is disclosed ), the communication method
`
`comprising:
`
`generating a first scheduling element to be used by at least one first communication
`
`device ( see para 56, 59 and Figs. 2—6, generating beacon frame 500 and 600 that comprises
`
`scheduling elements 506.2 and allocation 610—4 respectively to be used by the communication
`
`devices 202—1 and 202—2) and a second scheduling element to be used by at least one second
`
`communication device(see para 56, 59 and Figs. 2—6, i.e. generating beacon frame 500 and 600
`
`that comprises scheduling elements 506.1 and allocation 610—1 respectively to be used by the
`
`communication devices 202—1 and 202—2); and transmitting the first scheduling element and the
`
`

`

`Application/Control Number: 15/653,223
`Art Unit: 2474
`
`Page 4
`
`second scheduling element to the at least one first communication device and to the at least one
`
`second communication device( para 56—59 and Figs. 2—6, transmitting beacon frames 500 and
`
`600 to the communication devices 202—1 and 202—2), wherein the second scheduling element
`
`includes at least one second allocation field indicating information on allocation to the at least
`
`one second communication device( see para 56, 59 and Figs. 5—6, scheduling element 506.1 of
`
`frame 500 and allocation 6lO—l of frame 600 comprising allocated bandwidth information that
`
`maybe used by the communication devices 202—1 and 202—2), and
`
`the first scheduling element includes at least one first allocation field indicating
`
`information on allocation to the at least one first communication device and includes at least one
`
`third allocation field indicating information on allocation to the at least one second
`
`communication device( see para 56, 59 and Figs. 5—6, scheduling element(S.E) 506—2 of frame
`
`500 comprises three fields which includes indication of allocated bandwidth information for
`
`devices 202—1 and 202—2, allocation 610—4 of frame 600 also have two fields that includes
`
`bandwidth allocation information that maybe used by devices 202—1 and 202—2); wherein the
`
`information in the at least one second allocation field corresponds to a part of the information in
`
`the at least one third allocation field( see para 56, 58, 59, 61 and Figs. 5—6,
`
`i.e., scheduling
`
`element(S.E) 506—2 of frame 500 comprises standard bandwidth information
`
`similar/corresponding to the bandwidth indicated in scheduling element 506—1,
`
`allocation 610—
`
`4 of frame 600 also includes bandwidth allocation information as a multiple of the standard
`
`bandwidth indicated in allocation 6lO—l),
`
`wherein the at least one first communication device performs communication in
`
`accordance with a first communication scheme using a first frequency band( see para 58, 61 and
`
`Figs. 2 and 5—6, i.e. communication devices 202—2 and 202—1 communicating according to
`
`

`

`Application/Control Number: 15/653,223
`Art Unit: 2474
`
`Page 5
`
`standard (fixed), fraction of the standard bandwidth or multiple of the standard bandwidth), and
`
`wherein the at least one second communication deVice performs communication in accordance
`
`with the first communication scheme or a second communication scheme using a second
`
`frequency band that includes the first frequency band (see para 58, 61 and Figs. 2 and 5—6, i.e.
`
`communication deVices 202—2 and 202—1 communicating according to standard (fixed), fraction
`
`of the standard bandwidth or multiple of the standard bandwidth as shown in Figs. 5C and 6C).
`
`Regarding claim 2, Cordeiro ‘543 teaches, wherein the information indicated by the at
`
`least one second allocation field is used by the at least one second communication deVice for
`
`communication by using the second communication scheme (see para 3 l, 33 and Figs. 5A, 6C,
`
`communication deVices 202—1 and 202—2 using the allocation information included in frames 500
`
`and 600 for communicating according to 60 GHz wireless network and WiGig wireless network
`
`standards).
`
`Regarding claim 3, Cordeiro ‘543 teaches, wherein the information indicated by the at
`
`least one first allocation field is used by the at least one first communication deVice or the at least
`
`one second communication deVice for communication by using the first communication scheme(
`
`see para 3 l, 33 and Figs. 5A, 6C, communication deVices 202—1 and 202—2 using the allocation
`
`information included in frames 500 and 600 for communicating according to 60 GHz wireless
`
`network and WiGig wireless network standards).
`
`Regarding claim 4, Cordeiro ‘543 teaches, wherein the first scheduling element includes
`
`the at least one of the third allocation field, the at least one of the third allocation field
`
`corresponding to a plurality of the second allocation fields( see para 56, 58, 59, 61 and Figs. 5—6,
`
`i.e., scheduling element(S.E) 506—2 of frame 500 comprises standard bandwidth information
`
`

`

`Application/Control Number: 15/653,223
`Art Unit: 2474
`
`Page 6
`
`similar/corresponding to the bandwidth indicated in scheduling element 506—1, allocation 610—4
`
`of frame 600 also includes bandwidth allocation information as a multiple of the standard
`
`bandwidth indicated in allocation 610—1).
`
`Regarding claim 5, Cordeiro ‘543 teaches, wherein a duration indicated in the third
`
`allocation field is identical to a duration using the second allocation field see para 56, 58, 59, 61
`
`and Figs. 5—6,
`
`i.e., access periods associated with the allocation in frames 500 and 600 being
`
`identical).
`
`Regarding claim 7, Cordeiro ‘543 teaches wherein the PCP/AP deVice generates a third
`
`scheduling element that includes the at least one first allocation field among the first allocation
`
`field and the third allocation field( see para 56, 58, 59, 61 and Figs. 5—6,
`
`i.e., scheduling
`
`element(S.E) 506—3 which comprises a multiple of the standard bandwidth, allocation 610—5 of
`
`frame 600 also includes bandwidth allocation information as a multiple of the standard
`
`bandwidth indicated in allocation 610—1), and generates a fourth scheduling element that includes
`
`the at least one third allocation field among the first allocation field and the third allocation field
`
`( see para 56, 58, 59, 61 and Figs. 5—6,
`
`i.e., scheduling element(S.E) 506—4 which comprises a
`
`multiple of the standard bandwidth, allocation 610—6 of frame 600 also includes bandwidth
`
`allocation information as a multiple of the standard bandwidth indicated in allocation 610—1).
`
`Regarding claim 8, Cordeiro ‘543 teaches, wherein the second scheduling element
`
`includes at least one fourth allocation field indicating information on allocation to the at least one
`
`first communication deVice, the information in the at least one fourth allocation field corresponds
`
`to a part of the information in the at least one first allocation field( see para 56, 59 and Figs. 5—6,
`
`scheduling element(S.E) 506—1 of frame 500 comprises three fields which includes indication of
`
`allocated bandwidth information for deVices 202—1 and 202—2, allocation 6lO—l of frame 600
`
`

`

`Application/Control Number: 15/653,223
`Art Unit: 2474
`
`Page 7
`
`also have two fields that includes bandwidth allocation information that maybe used by devices
`
`202-1 and 202-2).
`
`Regarding claims 9 and 11, Cordeiro ‘543 teaches, a communication method for a
`
`second communication device (see para 26—27 and Figs. 1—7, PCP/AP communication method is
`
`disclosed), the communication method comprising: receiving a beacon that is transmitted from a
`
`personal basic service set Control Point / Access Point (PCP/AP) coordinator communication
`
`device and that includes a first scheduling element to be used by at least one first communication
`
`device and a second scheduling element to be used by at least one second communication device
`
`(see para 33—34, 56, 59, and Figs. 2—6, network node 206 receiving scheduling information for
`
`devices 201—1 and 202—2 from control node 204);
`
`generating a third allocation field indicating information on allocation to the at least one
`
`second communication device (see para 56, 59 and Figs. 5—6, network node 206 generating
`
`scheduling element(S.E) 506—2 of frame 500 comprises three fields which includes indication of
`
`allocated bandwidth information for devices 202—1 and 202—2, allocation 610—4 of frame 600
`
`also have two fields that includes bandwidth allocation information that maybe used by devices
`
`202—1 and 202—2) adding the third allocation field to the first scheduling element( see para 56, 59
`
`and Figs. 5—6, network node 206 generating scheduling element(S.E) 506—2 of frame 500
`
`comprises three fields which includes indication of allocated bandwidth information for devices
`
`202—1 and 202—2, allocation 610—4 of frame 600 also have two fields that includes bandwidth
`
`allocation information that maybe used by devices 202—1 and 202—2); and
`
`transmitting the first scheduling element to which the third allocation field is added and
`
`the second scheduling element to the at least one first communication device and to another
`
`second communication device other than the second communication device( para 56—59 and
`
`

`

`Application/Control Number: 15/653,223
`Art Unit: 2474
`
`Page 8
`
`Figs. 2—6, transmitting beacon frames 500 and 600 to the communication devices 202—1 and 202—
`
`2), wherein the first scheduling element includes a first allocation field indicating information
`
`on allocation to the at least one first communication device( see para 56, 59 and Figs. 5—6,
`
`scheduling element(S.E) 506—2 of frame 500 comprises three fields which includes indication of
`
`allocated bandwidth information for devices 202—1 and 202—2, allocation 610—4 of frame 600
`
`also have two fields that includes bandwidth allocation information that maybe used by devices
`
`202-1 and 202-2),
`
`the second scheduling element includes the second allocation field indicating
`
`information on allocation to the at least one second communication device( see para 56, 59 and
`
`Figs. 5—6, scheduling element 506.1 of frame 500 and allocation 6lO—l of frame 600
`
`comprising allocated bandwidth information that maybe used by the communication devices
`
`202—1 and 202—2), the at least one first communication device performs communication in
`
`accordance with a first communication scheme using a first frequency band( see para 58, 61 and
`
`Figs. 2 and 5—6, i.e. communication devices 202—2 and 202—2 communicating according to
`
`standard (fixed), fraction of the standard bandwidth or multiple of the standard bandwidth),
`
`the at least one second communication device performs communication in accordance
`
`with the first communication scheme or a second communication scheme using a second
`
`frequency band that includes the first frequency band (see para 58, 61 and Figs. 2 and 5—6, i.e.
`
`communication devices 202—2 and 202—1 communicating according to standard (fixed), fraction
`
`of the standard bandwidth or multiple of the standard bandwidth as shown in Figs. 5C and 6C).
`
`Internet Communications
`
`6.
`
`Applicant is encouraged to submit a written authorization for Internet communications
`
`(PTO/SB/439, which can be found:
`
`