www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/757,215
`
`04/17/2020
`
`Lei HUANG
`
`733456.559USPC
`
`8998
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`MALEK,LEILA
`
`PAPER NUMBER
`
`ART UNIT
`
`2632
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/16/2021
`
`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*
`1-2,4-6,8-9 and 19-25 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-2,4-6,8-9 and 19-25 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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) The drawing(s) filed on 04/17/2020 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:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) 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 20210308
`
`Application No.
`Applicant(s)
`16/757,215
`HUANG etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LEILA MALEK
`2632
`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 10/12/2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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: 16/757,215
`Art Unit: 2632
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Priority
`
`2.
`
`Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e)
`
`or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
`
`3.
`
`Acknowledgmentis made of applicant’s claim for foreign priority under 35 U.S.C.
`
`119 (a)-(d).
`
`Information Disclosure Statement
`
`4.
`
`The information disclosure statements submitted on 04/17/2020 and 12/10/2020
`
`have been considered and made of record by the examiner.
`
`Specification
`
`5.
`
`The abstract of the disclosure is objected to because the abstract should not
`
`contain numerical references to the drawings. Correction is required. See MPEP
`
`§ 608.01 (b).
`
`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.
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 3
`
`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 madein 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 effectivefiling date of the
`claimed invention.
`
`6.
`
`Claims 19-25 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by
`
`802.11 Working Group of the Lan/Man Standards Committee, “Draft Standard for
`
`Information Technology - Telecommunications and Information Exchange Between
`
`Systems - Local and Metropolitan Area Networks- Specific Requirements - Part 11:
`
`Wireless LAN Medium Access Control (MAC) and Physical Layer (PHY) Specifications -
`
`Amendment 7: Enhanced throughput for operation in license-exempt bands above 45
`
`GHz,” IEEE P802.1 lay™/DO0.5, August 2017 (see IDS document submitted on
`
`12/10/2020, the first document submitted under NPL, hereinafter referred to as
`
`document 1).
`
`As to claim 19, Document1 discloses an initiator device that supports a single
`
`user (SU)-multiple input multiple output (MIMO) operation (see page 87, chapter
`
`10.38.9.2.3.1, lines 29-39) and generatesa first signal MIMO beamforming (BF) setup
`
`frame (see page 89, Fig. 60 and page 89, lines 20-21) including a value indicating non-
`
`reciprocal/reciprocal MIMO phasefield that indicates which of a non-reciprocal MIMO
`
`phase or a reciprocal MIMO phaseis applied to SU-MIMO BF training (see pages 89-
`
`90, chapter 10.38.9.2.3.3, pages 99-101, chapter 10.38.9.5, and Fig. 65, see page 100,
`
`line 30 — page 101, line 22, the TXSS-REQ-RECIPROCALsub-field may be setto 1
`
`(i.e., reciprocal) or 0 (i.e., non-reciprocal)), transmits the first signal MIMO BF setup
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 4
`
`frame to a responder device (see page 89, lines 20-21) and that in responseto the non-
`
`reciprocal/reciprocal MIMO phasefield indicating that the reciprocal MIMO phaseis
`
`applied, transmits to the responder device a plurality of first beam refinement protocol
`
`(BRP) signals for training transmit sectors that are to be used for MIMO transmission by
`
`the initiator device (see page 38, lines 17-19, Fig. 60, pages 89-91, chapters
`
`10.38.9.2.3.3 and Fig. 65 and pages 99-101, chapter 10.38.9.5); and receives from the
`
`responder device a first MIMO BF feedbackframe including feedback information for
`
`the plurality of first BRP signals (see Fig. 65 and page 91, lines 18-31 and pages 100-
`
`104).
`
`As to claim 20, Document 1 discloses that in responseto the initiator device and
`
`the responder device have having antenna pattern reciprocity, the non-
`
`reciprocal/reciprocal MIMO phasefield included in the MIMO BF setup frameis set to a
`
`first value indicating that the reciprocal MIMO phaseis applied to the SU-MIMO BF
`
`training (see pages 89-90, chapter 10.38.9.2.3.3, pages 99-101, chapter 10.38.9.5, and
`
`Fig. 65, see page 101, lines 4 — 22, the TXSS-REQ-RECIPROCALsub-field may be set
`
`to 1 (i.e., reciprocal)).
`
`As to claim 21, Document 1 discloses that the initiator determines, on the basis
`
`of the feedback information for the plurality of first BRP signals, a transmit sector
`
`combination and a receive sector combination for an initiator device link (see page 91,
`
`lines 1-37, see also page 43, Fig. 50, page 89, lines 9-14, and page 99).
`
`As to claim 22, Document 1 discloses that in a digital BF procedure of a hybrid
`
`BF operation that is performed after the SU-MIMO BF training (see page89, lines 9-14),
`
`the initiator receives from the responder device a plurality of second BRP signals for
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 5
`
`training a transmit sector combination that is to be used for MIMO transmission by the
`
`responder device (see Fig. 60, pages 89-91, chapter 10.38.9.2.3.3), and the initiator
`
`transmits to the responder device a second MIMO BF feedbacksignal frame including
`
`feedback information for the plurality of second BRP signals (see Fig. 60, pages 89-91,
`
`chapter 10.38.9.2.3.3).
`
`As to claim 23, Document 1 discloses that the initiator receives from the
`
`responder device a training (TRN) signalfor training a transmit sector combination that
`
`is to be used for MIMO transmission by the responder device (see page 839, line 9 -
`
`page 90, line 47), the TRN signal being addedto the first MIMO BF feedbacksignal
`
`frame, and the initiator transmits to the responder device a third MIMO BF feedback
`
`signal frame including feedback information for the TRN signal (see page 90, line 4 -
`
`page 91, line 17).
`
`Asto claim 24, Document 1 discloses that in response to the non-
`
`reciprocal/reciprocal MIMO phasefield indicating that the reciprocal MIMO phase is
`
`applied to the SU-MIMO BF training, the initiator receives from the responder device a
`
`plurality of third BRP signals for training a transmit sector combination that is to be used
`
`for MIMO transmission by the responder device (see page 101, line 4 - page 103, line
`
`20), the initiator transmits to the responder device a third MIMO BF feedbacksignal
`
`frame including feedback information for the plurality of third BRP signals (see pages
`
`89-91, especially first paragraph of page 91, chapter 10.38.9.2.3.3), and the initiator
`
`determines, on the basis of the plurality of third BRP signals, a transmit sector
`
`combination and a receive sector combination that are to be used for
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 6
`
`MIMO transmission bythe initiator device (see page 91, lines 1-37, see also page 43,
`
`Fig. 50, and page 89, lines 9-14).
`
`As to claim 25, Document 1 discloses that in a digital BF procedure of a hybrid
`
`BF operation that is performed after the SU-MIMO BF training, the initiator receives
`
`from the responder device a plurality of fourth BRP signals with which the responder
`
`device sounds a channel for a responder link (see page 103, chapter 10.38.9.5.4), and
`
`the initiator transmits to the responder device a fourth MIMO BF feedbacksignal frame
`
`including feedbackinformation for the plurality of fourth BRP signals (see page 100,
`
`lines 3-9 and page 102, lines 8-36, the process of receiving the BRP signals and
`
`sending a feedbackis repeated multiple times).
`
`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
`
`obviousnessrejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between
`the claimed invention and the prior art are such that the claimed invention as a whole
`would have been obvious before the effective filing date of the claimed invention to a
`person having ordinary skill in the art to which the claimed invention pertains.
`Patentability shall not be negated by the manner in which the invention was mace.
`
`7.
`
`Claims 1, 2, 4-6, 8, and 9 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Document 1.
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 7
`
`As to claim 1, Document 1 discloses aninitiator device that supports a single
`
`user (SU)-multiple input multiple output (MIMO) operation (see page 87, chapter
`
`10.38.9.2.3.1, lines 29-39) and generatesa first signal MIMO beamforming (BF) setup
`
`frame (see page 89, Fig. 60 and page 89, lines 20-21) including a value indicating non-
`
`reciprocal/reciprocal MIMO phasefield that indicates which of a non-reciprocal MIMO
`
`phase or a reciprocal MIMO phaseis applied to SU-MIMO BF training (see pages 89-
`
`90, chapter 10.38.9.2.3.3, pages 99-101, chapter 10.38.9.5, and Fig. 65, see page 100,
`
`line 30 — page 101, line 22, the TXSS-REQ-RECIPROCALsub-field may besetto 1
`
`(i.e., reciprocal) or 0 (i.e., non-reciprocal)), transmits the first signal MIMO BF setup
`
`frame to a responder device (see page 89, lines 20-21) and that in responseto the non-
`
`reciprocal/reciprocal MIMO phasefield indicating that the reciprocal MIMO phaseis
`
`applied, transmits to the responder device a plurality of first beam refinement protocol
`
`(BRP) signals for training transmit sectors that are to be used for MIMO transmission by
`
`the initiator device (see page 38, lines 17-19, see Fig. 60, pages 89-91, chapters
`
`10.38.9.2.3.3 and Fig. 65 and pages 99-101, chapter 10.38.9.5); and receives from the
`
`responder device a first MIMO BF feedbackframe including feedback information for
`
`the plurality of first BRP signals (see Fig. 65 and page 91, lines 18-31 and pages 100-
`
`104). Document 1 does not expressly disclose that the initiator comprises a generation
`
`circuit for generating the MIMO BF setup frame shown in Fig. 60 and a transmission
`
`circuit for transmitting it.
`
`It also does not expressly disclose a reception circuit to
`
`receiving the feedback frame. However, it would have been obvious to one of ordinary
`
`skill in the art before the effectivefiling date of the invention was made thatthe initiator
`
`mustinclude a generation circuit in order to be able to generate the signal shownin Fig.
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 8
`
`60 and it also must include a transmission circuit to perform the transmission of the
`
`MIMO BF setup frame shownin Fig. 60 and disclosed on page 89. Furthermore, it
`
`would have also been obvious to have a reception circuit in the initiator device in order
`
`to enable the initiator device to receive the feedbacksignal disclosed on pages 89-91
`
`and 100-104).
`
`Asto claim 2, Document 1 discloses that in response to the initiator device and
`
`the responder device having antenna pattern reciprocity, the non-reciprocal/reciprocal
`
`MIMO phasefield included in the MIMO BF setup frame is setto a first value indicating
`
`that the reciprocal MIMO phaseis applied to the SU-MIMOBF training (see pages 89-
`
`90, chapter 10.38.9.2.3.3, pages 99-101, chapter 10.38.9.5, and Fig. 65, see page 101,
`
`lines 4-22, the TXSS-REQ-RECIPROCALsub-field may besetto 1 (i.e., reciprocal)).
`
`Asto claim 4, Document 1 discloses that the initiator determines, on the basis of
`
`the feedbackinformation for the plurality of first BRP signals, a transmit sector
`
`combination and a receive sector combination for an initiator device link (see page 91,
`
`lines 1-37, see also page 43, Fig. 50, and page 89, lines 9-14, and page 99). Document
`
`1 does not expressly disclose a control circuit in charge of determining the sector
`
`combinations. However, it would have been obvious to one of ordinary skill in the art
`
`before the effectivefiling date of the invention was made to modify the teachings of
`
`Document 1 and include a control circuit (e.g. a processor) in order to enable the
`
`hardware device(i.e., the initiator) to determine the sector combinations.
`
`As to claim 5, Document 1 discloses that in a digital BF procedure of a hybrid BF
`
`operation that is performed after the SU-MIMO BF training (see page 89, lines 9-14),
`
`the initiator receives from the responder device a plurality of second BRP signals for
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 9
`
`training a transmit sector combination that is to be used for MIMO transmission by the
`
`responder device (see Fig. 60, pages 89-91, chapter 10.38.9.2.3.3), and the initiator
`
`transmits to the responder device a second MIMO BF feedbacksignal frame including
`
`feedbackinformation for the plurality of second BRP signals (see Fig. 60, pages 89-91,
`
`chapter 10.38.9.2.3.3).
`
`As to claim 6, Document 1 discloses the initiator receives from the responder
`
`device a training (TRN) signal for training a transmit sector combination that is to be
`
`used for MIMO transmission by the responder device (see page 89, line 9 - page 90,
`
`line 47), the TRN signal being addedto the first MIMO BF feedback signal frame,
`
`and the initiator transmits to the responder device a third MIMO BF feedbacksignal
`
`frame including feedback information for the TRN signal (see page 90, line 4 - page 91,
`
`line 17).
`
`Asto claim 8, Document 1 discloses that in response to the non-
`
`reciprocal/reciprocal MIMO phasefield indicating that the reciprocal MIMO phase is
`
`applied to the SU-MIMO BF training, the initiator receives from the responder device a
`
`plurality of third BRP signals for training a transmit sector combination that is to be used
`
`for MIMO transmission by the responder device (see page 101, line 4 - page 103, line
`
`20), the initiator transmits to the responder device a third MIMO BF feedback signal
`
`frame including feedback information for the plurality of third BRP signals (see pages
`
`89-91, especially first paragraph of page 91, chapter 10.38.9.2.3.3), and the initiator
`
`determines, on the basis of the plurality of third BRP signals, a transmit sector
`
`combination and a receive sector combination that are to be used for
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 10
`
`MIMO transmission bythe initiator device (see page 91, lines 1-37, see also page 43,
`
`Fig. 50, and page 89, lines 9-14).
`
`As to claim 9, Document 1 discloses that in a digital BF procedure of a hybrid BF
`
`operation that is performed after the SU-MIMO BF training, the initiator receives from
`
`the responder device a plurality of fourth BRP signals with which the responder device
`
`sounds a channel for a responder link (see page 103, chapter 10.38.9.5.4), and the
`
`initiator device transmits to the responder device a fourth MIMO BF feedbacksignal
`
`frame including feedback information for the plurality of fourth BRP signals (see page
`
`100, lines 3-9 and page 102, lines 8-36, the process of receiving the BRP signals and
`
`sending a feedbackis repeated multiple times).
`
`Conclusion
`
`The prior art made of record and notrelied upon is considered pertinent to
`
`applicant's disclosure: (US 2021/0028839), (US 2020/0382185), and (US
`
`2020/0044724).
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LEILA MALEK whosetelephone number is (571)272-
`
`8731. The examiner can normally be reached on Monday-Friday 8:30am-4:30pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 16/757,215
`Art Unit: 2632
`
`Page 11
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Chieh Fan can be reached on 571-272-3042. 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
`
`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 https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto 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.
`
`LEILA . MALEK
`
`Examiner
`
`Art Unit 2632
`
`/LEILA MALEK/
`Primary Examiner, Art Unit 2632
`
`