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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`17/509,017
`
`10/24/2021
`
`Liangxiao Xin
`
`SONY361US
`SYP339772US02
`
`1019
`
`O'BANION & RITCHEY LLP/ SONY ELECTRONICS, INC.
`400 CAPITOL MALL
`SUITE 1550
`SACRAMENTO,CA 95814
`
`CHOUDHURY, FAISAL
`
`2478
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/14/2024
`
`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):
`
`docketing @intellectual.com
`jpo @intellectual.com
`Imc @intellectual.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/509,017
`Xin et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`FAISAL CHOUDHURY
`2478
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 10/30/2024.
`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) 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)(2) 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.
`
`Disposition of Claims*
`1-14 and 23 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 and 23is/are rejected.
`(] 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)7) 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
`1.1.) Certified copies of the priority documents have been received.
`2.2) 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 10/30/2024.
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241108
`
`

`

`Application/Control Number: 17/509,017
`Art Unit: 2478
`
`Page 2
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`Notice of Pre-AlA orAIA Status
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`1.
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`The presentapplication,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
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`Claim Objections
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`Claim 1 is objected to because of the following informalities: Claim 1 recites “An apparatus for
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`wireless communication in a network, comprising:.....” should be “An apparatusfor wireless
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`communication in a network, the apparatus comprising:.....” . Appropriate correction is required.
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`Claim 23 is objected to because of the following informalities: Claim 23 recites “A method of
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`wireless communication in a network, comprising:.....” should be “A method of wireless communication
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`in a network, the method comprising:.....”. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
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`1.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(2) the claimed invention was described in a patent issued undersection 151, or in an application for
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`patent published or deemed published under section 122(b), in which the patent or application, as the case may
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`be, names another inventor and was effectively filed before the effectivefiling date of the claimed invention.
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`2.
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`Claims 1-14 and 23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pre-
`
`Grant Publication US 2021/0289552 to Osman etal. (hereinafter Osman)
`
`

`

`Application/Control Number: 17/509,017
`Art Unit: 2478
`
`Page 3
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`Asto claims 1 and 23, Osman discloses an apparatus for wireless communication in a network
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`(Osman; Fig.1A; AB), comprising:
`
`(a) a wireless station (STA) operating as either an access point (AP) or anon-APSTA,is
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`configured for wirelessly communicating packets which carry frames over a channel with other wireless
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`stations (STAs), which are either APs or non-AP STAs, on a wireless local area network (WLAN) in which
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`enhanceddistributed channel access (EDCA)is applied to more than one Access Category (AC) (Osman;
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`Fig.1A: 104; [0009]; [0013]; [0024})
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`(b) a processor within said STA (Osman; Fig.1B);
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`(c) a non-transitory memory storing instructions executable by the processor for communicating
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`with other STAs (Osman; Fig.1B); and
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`(d) wherein said instructions, when executed by the processor (Osman; Fig.1B), perform steps
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`comprising:
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`(i) distinguishing realtime application (RTA) traffic from non-RTA traffic (Osman; [0035]
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`discloses RTA packetis treated differently from another packet):
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`(il) obtaining atransmit opportunity (TXOP) of a primaryAC including TXOP channel resources
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`(Osman; [0013] discloses obtaining a TXOP via EDCAfora first access category); and
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`(iii) utilizing a remainder of the TXOP channel resources totransmit RTA frames from non-
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`primary ACs even though there may be frames from the primary AC that have not been transmitted
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`during the TXOP (Osman; [0013] discloses transmitting a portion ofa first traffic frame. Subsequently,
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`transmission of the first traffic frame is paused to make room for transmitting a second traffic frame.
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`The secondtraffic frameis a real time application frame identified as such by a frame type and subtype
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`in its header, and is transmitted during the TXOP despite being mapped toa different AC (access
`
`category)).
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`

`

`Application/Control Number: 17/509,017
`Art Unit: 2478
`
`Page 4
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`As to claims 2, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
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`Osman discloses wherein said instructions when executed by the processor perform steps
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`further comprising ensuring that a minimum required channel resourceis available within a
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`channel resourcefor transmitting frames from the primary AC during the TXOP (Osman;
`
`[0006]).
`
`As to claims 3, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein the STA, which is ensuring minimum required channel resource to
`
`transmit frames from the primary AC, can utilize the minimum required channel resource for
`
`TXOP sharingif all the frames from the primary AC have beentransmitted (Osman; [0006];
`
`[0009]; [0013]; [0027)).
`
`As to claims 4, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processor perform steps
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`further comprising the STA setting no minimum required channel resource to transmit frames
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`from the primary AC during the TXOP (Osman; [0006]; [0009]; [0013]; [0031]).
`
`As to claims5, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processor perform steps
`
`further comprising the STA ensuring that a given minimum number of bytes from the primary
`
`AC are transmitted during the TXOP (Osman; [0039])
`
`

`

`Application/Control Number: 17/509,017
`Art Unit: 2478
`
`Page5S
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`As to claims6, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processor perform steps
`
`further comprising the STA ensuring that a minimum of required channel time is provided for
`
`transmitting frames from the primary AC during the TXOP (Osman; [0006]; [0009]; [0013];
`
`[0031]).
`
`As to claims 7, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processor perform steps
`
`further comprising the STA transmitting RTA frames from non-primary ACs evenif no frame
`
`from the primary AC has beentransmitted during the TXOP (Osman; [0006]; [0009]; [0013];
`
`[0031]).
`
`As to claims 8, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processor perform steps
`
`further comprising the STA transmitting RTA frames from non-primary ACs during the TXOP
`
`only if all the RTA frames from the primary AC have been transmitted (Osman; [0006]; [0009];
`
`[0013]; [0031]).
`
`As to claims 9, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processor perform steps
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`further comprising the STA transmitting RTA frames from non-primary ACs of higher priority
`
`

`

`Application/Control Number: 17/509,017
`Art Unit: 2478
`
`Page 6
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`during the TXOP, before transmitting RTA frames from the primary AC (Osman; Abstract;
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`[0005]; [0030]).
`
`Astoclaims 10, the rejection of claim 1 as listed aboveis incorporated herein. In
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`addition, Osman discloses wherein said instructions when executed by the processor perform
`
`steps further comprising the STA transmitting RTA frames from the non-primary ACs of lower
`
`priority during the TXOP (Osman; Abstract; [0005]; [0030]).
`
`As to claims 11, the rejection of claim 1 as listed aboveis incorporated herein. In
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`addition, Osman discloses wherein said instructions when executed by the processor perform
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`steps further comprising the STA transmitting a MU PPDU packet whose length is determined
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`by the transmission and/or latency requirement of RTA frames from the primary ACs (Osman;
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`Abstract; [0007]; [0030]).
`
`Astoclaims 12, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processorperform stepsfurther
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`comprising the STA limiting the time of TXOP sharing (Osman; [0006]; Table 1; [0041] shows and
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`discloses TXOP Limit in the unit of time).
`
`As to claims 13, the rejection of claim 1 as listed aboveis incorporated herein. In
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`addition, Osman discloses wherein said instructions when executed by the processor perform
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`steps further comprising the STA allowing transmitting of RTA frames from non-primary ACs
`
`

`

`Application/Control Number: 17/509,017
`Art Unit: 2478
`
`Page 7
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`earlier than frames from the primary AC, only if those RTA frames are expiring (Osman; [0006];
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`[0009]; [0013]; [0031]).
`
`Asto claims 14, the rejection of claim 1 as listed above is incorporated herein. In addition,
`
`Osman discloses wherein said instructions when executed by the processorperform stepsfurther
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`comprising the STA obtaining a TXOP of the primary AC and sharing the TXOP with a non-primary AC of
`
`low priority (Osman; Abstract; [0005]; [0030]).
`
`Conclusion
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`2.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
`
`in 37 CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE MONTHS from
`
`the mailing date of this action.
`
`In the event a first reply is filed within TWO MONTHS ofthe mailing date
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`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
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the mailing date of this final action.
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`3.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to FAISAL CHOUDHURYwhose telephone number is (571)270-3001. The examiner
`
`can normally be reached M-F 8AM-6P.M.
`
`

`

`Application/Control Number: 17/509,017
`Art Unit: 2478
`
`Page 8
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`Joseph Avellino can be reached on 5712723905. The fax phone number for the organization wherethis
`
`application or proceeding is assigned is 571-273-8300.
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`
`/FAISAL CHOUDHURY/
`Primary Examiner, Art Unit 2478
`
`