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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/183,280
`
`11/07/2018
`
`TOMOYA NUNOME
`
`731456.483C1
`
`8539
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`CHOWDHURY, MAHBUBUL BAR
`
`ART UNIT
`
`2472
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/26/2021
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-14 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)__ is/are allowed.
`Claim(s) 1-14 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210318
`
`Application No.
`Applicant(s)
`16/183,280
`NUNOME etal.
`
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`
`MAHBUBUL B CHOWDHURY__|2472 Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 10 February 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Response to Amendment
`
`The following is a final office action in response to applicant’s reply, filed on
`
`02/10/2021, to the Non-Final Office Action mailed on 11/10/2020.
`
`Claims 1-14 are amended. Claims 1-14 are pending and addressed below.
`
`Applicant’s amendmentto the claims has overcome rejection under USC 112(a),
`
`previously set forth in the Non-Final Office Action.
`
`Claim Rejections - 35 USC § 103
`
`Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang
`
`James June-Ming et al (US 20160174079), hereinafter Wang, in view of NPL (IEEE
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 3
`
`802.11-16/0415r1, IEEE 802.11 TGax, March 2016 Macau Meeting Minutes),
`
`hereinafter NPL.
`
`Regarding claims 1 and 8, Wang teaches,a first wireless station (Wang: Fig.
`
`&, STAR) that belongs to a communication cell, the first wireless station
`
`comprising:
`
`a receiver (Wang: Fig. 2, Transceiver) which, in operation, receives a trigger frame
`
`transmitted from an access point that belongs to an interference cell (Wang: Fig.
`
`4, STA; (0034), 00541, teaching wireless station STA3 in BSS2 receiving a trigger
`
`frame, from frame exchanges In a different BSS] Le. an interference cell from an
`
`access point STAL. Trigger frame is interpreted by the Examiner as a frame that
`
`carries information to a wireless station for it to decide on transmission}, and
`
`o controller (Wang: Fig. 2, CTL/CONFIG, Power CTL) which, in operation:
`
`determines, based an at least one parameter included in the trigger frame and a
`
`reception power value of the trigger frame received at the first wireless station,
`
`whether the first wireless station is allowed to transmit to a third wireless station
`
`that belongs to the communication cell, wherein the at ieast one parameter
`
`includes a value set based on an access point transmit power of the access point
`
`and based on the target R5S/ (Wang: [0026], 100234], teaching STA1 can be an
`
`access point, STA3(first wireless station) determines whether to transmit to STA4
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 4
`
`(third wireless station), based on the transmission power of STA1 and a target
`
`RSSI (“RSSI (by STA1 from STA2)”) received in the frame, and the measured
`
`reception power (“RSSI (by STA3 from STA1)”) of STA1. Parametersin the frame
`
`are STA1’s transmit power level (TX-PWR) and “RSSI (by STA1 from STA2)”, which
`
`is used as target RSSI by STA3 during determination).
`
`Wang does not expressly teach, the trigger frame soliciting an uplink
`
`response frame from a second wireless station belonging to the interferencecell
`
`and including a target received signal strength indicator (RSSI} that is a target
`
`reception power value of the uplink response frame at the access point.
`
`However, in the same field of endeavor, NPL teaches, the trigger frame
`
`soliciting an uplink response frame from a second wireless station belonging to the
`
`interference ceil and including a target received signal strength indicator {RSSH}
`
`that is a target reception power value of the uplink respanse frame at the access
`
`point (NPL: Page 23, Ch. 5.4.6, teaching that trigger fame schedules UL MU Le. an
`
`UL response from an schedule STA {second wireless station}, and trigger frame
`
`carries AP Tx Power and target RSSI of the scheduled UL STA’s response}.
`
`It would have been obvious to one of ordinaryskill in the art before the
`
`effective filing date of the claimed invention to modify Wang’s method/station to
`
`include that the trigger frame soliciting an uplink response frame from a second
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 5
`
`wireless station belonging to the interference cell and including a target received
`
`signal strength indicator (RSSH that is a target reception power value of the uplink
`
`response frame at the access point.
`
`This would have been obvious because it would motivate one of ordinary
`
`skill in the art provide a power control mechanism to achieve uplink multi-user
`
`(UL MU) transmission (NPL: Ch. 5.4.6 lines 1-2).
`
`Regarding claims 2 and 9, Wang, in view of NPL, teachesthe first wireless
`
`station/method, as outlined in the rejection of claims 1 and 8.
`
`Wang further teaches, wherein an estimated reception powervalue of a signal
`
`received at the access point is calculated based an the access paint transmit
`
`power and the reception power value when thesignalis transmitted from thefirst
`
`wireless station to the access point (Wang: [0034] “Pathioss (STA4-3}=<TH-
`
`PVRSTAI-RSSI (by STAS from STAL)... TPC1-pathioss(STAL-3)<RS5I (by STAI
`
`from STA2)-Fixed Margin:”}, and
`
`whetherthefirst wireless station is allowedto transmit to the third wireless
`
`station is determined based on whetherthe estimated reception power value
`
`exceeds an acceptable receiver interference power (Wang: [2034] “Once pathioss
`
`is determined, STA can then determine its own TX power level (TPC) based on
`
`the following equations, and STA3 should select the lower TX power level
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 6
`
`between TPC and TPC2 such that STAS would not cause interference ta both
`
`STAL and STAZ.").
`
`Regarding claims 3 and 10, Wang,in view of NPL, teachesthe first wireless
`
`station/method, as outlined in the rejection of claims 1 and 8.
`
`Wang further teaches, a transmitter (Wang: Fig. 2} which, in operation,
`
`transmits to the third wireless station, in response to the controller having, in a
`
`transmission buffer, data to be transmitted from thefirst wireless station to the
`
`third wireless station and determining that the first wireless station is allowed to
`
`transmit to the third wireless station (Afang: Fig. 3; (6033) “ Finally, in step 334,
`
`STAS gains a spatial re-use TROP and starts frame exchange with STA4.”,
`
`teaching when allowed to transmit, wireless station transmits frames to the
`
`wireless station}.
`
`Regarding claims 4 and 11, Wang,in view of NPL, teachesthe first wireless
`
`station/method, as outlined in the rejection of claims 1 and 8.
`
`Wang further teaches, wherein when the controller allows the first wireless
`
`station to transmit to the third wireless station, the controller sets a period during
`
`whichthefirst wireless station is allowed to transmit to the third wireless station
`
`(Wang: Fig. 8 “SPATIAL REUSE DURATION”, [0051], teaching STA3 (first station}
`
`transmits to STA4 (third station} during a defined duration}.
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 7
`
`Regarding claims 5 and 12, Wang,in view of NPL, teachesthe first wireless
`
`station/method, as outlined in the rejection of claims 1 and 8.
`
`Wang does not expressly teach, wherein the uplink response frame solicited
`
`by the trigger frame is an uplink multiuser (UL MU} response signe.
`
`However, in the same fleld of endeavor, NPL teaches, wherein the uplink
`
`response frame solicited by the trigger frame is an uplink multiuser (UL MU}
`
`response signal (NPL: Page 23, Ch. 5.4.6 “AP signals the following in the Trigger
`
`frame that schedules the UL MU transmission.”}.
`
`It would have been obvious to one of ordinaryskill in the art before the
`
`effective filing date of the claimed invention to modify Wang’s method/station to
`
`include that the uplink response frame solicited by the trigger frame is an uplink
`
`multiuser (UL MU) response signal.
`
`This would have been obvious because it would motivate one of ordinary
`
`skill in the art provide a power control mechanism to achieve uplink multi-user
`
`(UL MU) transmission (NPL: Ch. 5.4.6 lines 1-2).
`
`Regarding claims 6 and 13, Wang,in view of NPL, teachesthe first wireless
`
`station/method, as outlined in the rejection of claims 1 and 8.
`
`Wang further teaches, wherein the controller, in operation, determines,
`
`based on an acceptable receiver interference power at the secondwireless station
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 8
`
`that belongs to the interference cell, whether the first wireless station is allowed
`
`to transmit to the third wireless station (Wang: [6034], [6036], teaching STAS
`
`ifirst station} transmits to STA4 (third station) based on an acceptable receiver
`
`interference power at STA2 (second station}.
`
`Regarding claims 7 and 14, Wang,in view of NPL, teachesthe first wireless
`
`station/method, as outlined in the rejection of claims 1 and 8.
`
`Wang further teaches, wherein the controller, in operation, adjusts transmit
`
`powerof the first wireless station to transmit a signalto the third wireless station
`
`(Wang: Fig. 4, STA3; [0034] “In the embodimentof FIG. 4, STA1 and STA2 have
`
`ongoing frame exchangein BSS1, and STA3 applies TPC to ensure that any
`
`spatial re-use frame exchange in BSS2 will not causing interference to STA1 and
`
`to STA2.”, teaching wireless station performs TPC (Transmission Power Control)
`
`i.e. adjusting transmit power).
`
`Response to Arguments
`
`Applicant's arguments filed on 02/10/2021, with respect to the rejection of claim
`
`1 under USC 102, have been fully considered are moot upon a further
`
`consideration and a new ground of rejection under USC 103,as set forth above.
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 9
`
`Applicant’s amendmentto the claims has necessitated the new ground of
`
`rejection presented in this office action.
`
`Conclusion
`
`The prior art made of record and notrelied upon is considered pertinent to
`
`applicant's disclosure.
`
`Ko, US 20190021091, WIRELESS COMMUNICATION METHOD AND
`
`WIRELESS COMMUNICATION TERMINAL IN BASIC SERVICE SET OVERLAPPING
`
`WITH ANOTHER BASIC SERVICE SET.
`
`Lim, US 20160286499, METHOD FOR TRANSMITTING AND RECEIVING
`
`INTERFERENCE CONTROL SIGNALS BASED ON POWER INFORMATION, AND
`
`APPARATUS THEREFOR.
`
`Applicant's amendment necessitated the new ground(s) of rejection
`
`presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See
`
`MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set
`
`forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire
`
`
`
`THREE MONTHS from the mailing date of this action. In the eventafirst reply is
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 10
`
`filed within TWO MONTHS of the mailing date of this final action and the advisory
`
`action is not mailed until after the end of the THREE-MONTH shortened statutory
`
`period, then the shortened statutory period will expire on the date the advisory
`
`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be
`
`calculated from the mailing date of the advisory action.
`
`In no event, however, will
`
`the statutory period for reply expire later than SIX MONTHS from the dateofthis
`
`final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MAHBUBUL BAR CHOWDHURYwhose telephone
`
`number is (571)272-0232. The examiner can normally be reached on Monday-
`
`Thursday 9AM-5PM EST; Friday variable.
`
`Examiner interviewsare 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, Hassan Kizou can be reached on 571-272-3088. The fax phone
`
`number for the organization wherethis application or proceeding is assigned is
`
`571-273-8300.
`
`

`

`Application/Control Number: 16/183,280
`Art Unit: 2472
`
`Page 11
`
`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 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.
`
`/M. B. C./
`Examiner, Art Unit 2472
`
`/HASSAN KIZOU/
`Supervisory Patent Examiner, Art Unit 2472
`
`

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