`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/112,266
`
`08/24/2018
`
`HIROYUKI MOTOZUKA
`
`731456.474C1
`
`9701
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`NGUYEN” HANH N
`
`ART UNIT
`
`2413
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/23/2019
`
`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)
`
`
`
`017/09 A0170” Summary
`
`Application No.
`16/112,266
`Examiner
`HANH N NGUYEN
`
`Applicant(s)
`MOTOZUKA et al.
`Art Unit
`AIA (FITF) Status
`2413
`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 8/24/18.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`flis/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1_—8 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 8/24/18 is/are: a). accepted or b)C] 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)C] Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`SD 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) E] 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 20191218
`
`
`
`Application/Control Number: 16/112,266
`Art Unit: 2413
`
`Page 2
`
`DETAILED ACTION
`
`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.
`
`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 1,3,5,7 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.
`
`In claims 1,3,5,7 it is not cleared what is meant by ”an EDMG terminal” since the
`
`specification does not describe ”an EDMG terminal” .
`
`Further, the claimed limitation requires ” all of the multiple bits of the data length field”
`
`to indicate data length of a legacy terminal. How can ”a subset of the multiple bits ” and
`
`”the remaining bits” are specifically used to indicate data length of an EDMG terminal ,
`
`and ” one or more channels” while ” all of the multiple bits” have been used to indicate
`
`data length of the legacy terminal ?
`
`
`
`Application/Control Number: 16/112,266
`Art Unit: 2413
`
`Page 3
`
`Further, it is not clearly defined whether ” information related to a data length” means
`
`”data length information” or else ??
`
`Claim Rejections - 35 USC § 102
`
`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)(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.
`
`Claims 1,2,3,4,5,6,7,8 are rejected under 35 U.S.C. 103 as being anticipated by
`
`Eitan et al. (US Pat.10,244,531).
`
`|n claims 1,3,5,7 Eitan et al. discloses a transmitting device comprising:
`
`a transmission signal generation circuit that generates a transmission signal using a
`
`frame format including a legacy short training field (STF), a legacy channel estimation
`
`field (CEF), a legacy header field, an enhanced directional multi—gigabit (EDMG) header
`
`field, an EDMG—STF, an EDMG—CEF, and a data field (see fig.2;fig.13; col.22; lines 10—20;
`
`step 1310, a frame bui|der 222 (fig.2) of an access point 210 generates a 802.11ay
`
`frame comprising L—STF, L—CEF, L—header, EDMG header, EDMG STF, EDMG CEF and
`
`EDMG data payload); and
`
`a transmission circuit that transmits the generated transmission signal using one or
`
`more channels (see fig.13; steps 1320,1340, col.22; lines 20—25 and fig.4A; col.13; line 50
`
`
`
`Application/Control Number: 16/112,266
`Art Unit: 2413
`
`Page 4
`
`to col.14; line 2; the first portion of the frame is transmitted on at least one legacy
`
`channel center frequency at 1.76 GHz and the second portion of the frame is
`
`transmitted on at least one redefined channel center frequency at 2.16 GHZ ( see
`
`col.22; lines 30—35 and col.15; lines 37—45)), wherein
`
`the legacy header field includes a data length field expressed by multiple bits (see col.6;
`
`lines 24—27; the L—header includes a length field to indicate length of the data payload in
`
`octets), and
`
`the data length field indicates, to a legacy terminal, information related to a data length
`
`using all ofthe multiple bits of the data length field (see col.6; lines 54—65; the legacy
`
`device 108 interprets certain bits in the L—header. These bits are allocated least
`
`significant bits of the data length in the L header), and
`
`indicates, to an EDMG terminal, information related to a data length using a subset of
`
`the multiple bits of the data length field (since neither the specification nor the claimed
`
`limitation clearly describe what is meant by ”EDMG terminal”; the examiner may
`
`broadly considers in Eitan et al.; col.6; lines 54—65; the legacy device 108 interprets
`
`certain bits in the L—header. These bits are allocated least significant bits of the data
`
`length in the L header), and uses the remaining bit or bits to indicate information
`
`related to the one or more channels in which the transmission signal is transmitted (see
`
`col.21; lines 22—28; the transmitter transmits an indicator to a receiver indicating which
`
`channel bonding is being used. The indicator is included in a header of the frame).
`
`
`
`Application/Control Number: 16/112,266
`Art Unit: 2413
`
`Page 5
`
`In claims 2,4,6,8 Eitan et al. discloses the one or more channels are any of 2.16 GHz
`
`band, a combination of 2.16 GHz bands, a concatenation of 2.16 GHz bands, and a
`
`combination of concatenated 2.16 GHz bands ( see col.15; lines 37—45; the channels 600
`
`has channel spacing of 2.16 GHz between center frequencies of two adjacent channels).
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Eitan et al. ( US Pat.10,021,695).
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HANH N NGUYEN whose telephone number is (571)272—
`
`3092. The examiner can normally be reached on M—F 7am—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, Un C Cho can be reached on 571 272 7919. The fax phone 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
`
`
`
`Application/Control Number: 16/112,266
`Art Unit: 2413
`
`Page 6
`
`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 system, see http://pair—direct.uspto.gov. Should you
`
`have questions on access to the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866—217—9197 (toll—free). If you would like assistance from a USPTO
`
`Customer Service Representative or access to the automated information system, call
`
`800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/HANH N NGUYEN/
`
`Primary Examiner, Art Unit 2413
`
`