www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/910,369
`
`09/09/2022
`
`Ryuichi HIRATA
`
`19196US01
`
`4736
`
`Xsensts
`
`/Sony
`
`eames
`
`Xsensus / Sony
`100 Daingerfield Road, Suite 402
`Alexandria, VA 22314
`
`BHATTI HASHIM S
`
`ART UNIT
`
`2472
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/27/2024
`
`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):
`Xdocket @ XSensus.com
`
`Xsensuspat@ XSensus.com
`anaquadocketing @ Xsensus.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/910,369
`Examiner
`HASHIM S BHATTI
`
`Applicant(s)
`HIRATAetal.
`Art Unit
`2472
`
`AIA (FITF) Status
`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 09/09/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)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*
`1-16 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 1-2,11 and 16 is/are rejected.
`Claim(s) 3-10 and 12-15 is/are objected to.
`C) Claim(s
`are subject to 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:/Awww.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)M The drawing(s) filed on 09/09/2022 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)() None ofthe:
`b)( Some**
`a) All
`1.@) 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)
`
`4)
`
`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 20241219
`
`

`

`Application/Control Number: 17/910,369
`Art Unit: 2472
`
`Page 2
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`Notice of Pre-AlA orAIA Status
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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.
`
`Claim Interpretation
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`(f} Element in Claim fora Combination. — An elementina claim fora combination maybe expressed as
`a means or step for performing a specified function without the recital of structure, material, or acts
`in support thereof, and such claim shall be construed to cover the corresponding structure, material,
`or acts described in the specification and equivalents thereof.
`
`The following is a quotation of pre-AlA35 U.S.C. 112, sixth paragraph:
`
`An elementina claim for a combination may be expressed as a means or step for performing a
`specified function without the recital of structure, material, or acts in support thereof, and such claim
`shall be construed to cover the corresponding structure, material, or acts described in the
`specification and equivalents thereof.
`
`The claimsin this application are given their broadest reasonable interpretation using the plain
`
`meaning of the claim languagein light of the specification as it would be understood by one of ordinary
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`skillin the art. The broadest reasonable interpretation of aclaim element (alsocommonly referred to as
`
`a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AlA 35
`
`U.S.C. 112, sixth paragraph,is invoked.
`
`As explained in MPEP § 2181, subsection |, claim limitations that meet the following three-prong
`
`test will be interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph:
`
`(A)
`
`the claim limitation uses the term “means”or “step” or a term used as a substitute for “means”
`
`that is a generic placeholder (also calleda nonce term or a non-structural term having no
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`specific structural meaning) for performing the claimed function;
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`

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`Application/Control Number: 17/910,369
`Art Unit: 2472
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`Page 3
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`(B)
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`the term “means”or “step” or the generic placeholder is modified by functional language,
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`typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking
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`word or phrase, such as “configured to” or “sothat”; and
`
`(C)
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`the term “means”or “step” or the generic placeholder is not modified by sufficient structure,
`
`material, or acts for performing the claimed function.
`
`Use of the word “means”(or “step”) in a claim with functional language creates a rebuttable
`
`presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AlA 35
`
`U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C.
`
`112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph,is rebutted when the claim limitation recites sufficient
`
`structure, material, or acts toentirely perform the recited function.
`
`Absence of the word “means”(or “step”) in a claim creates a rebuttable presumption that the
`
`claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-
`
`AIA35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without
`
`reciting sufficient structure, material or acts to entirely perform the recited function.
`
`Claim limitations in this application that use the word “means”(or “step”) are being interpreted
`
`under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, except as otherwise indicatedin an
`
`Office action. Conversely, claim limitations in this application that do not use the word “means”(or
`
`“step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`except as otherwise indicated in an Office action.
`
`This application includes one or more claim limitations that do not use the word “means,” but
`
`are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`because the claim limitation(s) uses a generic placeholder that is coupled with functional language
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`

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`Application/Control Number: 17/910,369
`Art Unit: 2472
`
`Page 4
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`without reciting sufficient structure to perform the recited function and the generic placeholder is not
`
`preceded by a structural modifier. Such claim limitation(s) is/are:
`
`(a) a communication unit that performs communication.
`
`(b) a control unit that controls a communication operation
`
`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AlA
`
`35 U.S.C. 112, sixth paragraph,it/they is/are being interpreted to cover the corresponding structure
`
`described in the specification as performing the claimed function, and equivalents thereof.
`
`If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or
`
`pre-AlA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them
`
`being interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph (e.g., byreciting
`
`sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim
`
`limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being
`
`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
`
`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 jointinventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 11 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph,as being indefinite for failing to particularly point out and distinctly claim the subject matter
`
`

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`Application/Control Number: 17/910,369
`Art Unit: 2472
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`Page5S
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`which the inventor or a joint inventor (or for applications subject to pre-AlA 35 U.S.C. 112, the
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`applicant), regards as the invention.
`
`Claim 11 recites the limitation "the second occupancy period". Thereis insufficient antecedent
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`basis for this limitation in the claim.
`
`Claim 16 recites the limitation "the second occupancy period" and "the first transmission
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`suppressioninformation”. Thereis insufficient antecedent basis for this limitation in the claim.
`
`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphsof 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 ina patent issued under section 151, or in anapplication
`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.
`
`Claim(s) 1-2, 11 and 16 are rejected under 35 U.S.C. 102a2 as being anticipated by Kim et al. US
`
`2023/0156606 A1.
`
`Claim 1:
`
`Kim discloses a communication device comprising: a communication unit that performs communication
`
`by afirst link and a second link (See para 402 and fig. 38, “the multi-link device may be connected to
`
`the AP multi-link device through a first link and a second link”. Also, see paras 402-410); and a control
`
`unit that controls a communication operation by the communication unit, wherein the control unit sets
`
`an occupancy period of the second link ona basis of transmission suppression informationof thefirst
`
`link (See para 411 and fig. 38, “The multi-link device may set the second STA to a doze state during the
`
`TXOP period configuredin the first link ... In other words, the multi-link device may change the state
`
`

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`Application/Control Number: 17/910,369
`Art Unit: 2472
`
`Page 6
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`of the second STA from the doze state to the awakestate after the end of the TXOP period set in the
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`first link”. Also, see paras 402-410).
`
`Claim 2:
`
`Kim discloses that the control unit controls a transmission operation at the second link on a basis of a
`
`remaining time of a transmission suppression period of thefirst link (See para 411 and fig. 38, “The
`
`multi-link device may set the second STA to a doze state during the TXOP period configuredin the first
`
`link ... In other words, the multi-link device may change the state of the second STA fromthe doze
`
`state to the awakestate after the end of the TXOP period setin the first link”).
`
`Claim 11:
`
`Kim discloses that the control unit sets the second occupancy period longer than a transmission
`
`suppression period ofthefirst link (See para 344, “when STA 1 does notreceive BA1, non-APMLD1
`
`may changethe state of STA 2 from a doze state to an awakestate”. para 370, “STA 2 may perform
`
`CCA untilit detects a frame in which NAV can be set”. para 389, “the STA 2 may maintain the doze
`
`state without changing to the awakestate based on the acquired NAV time information”).
`
`Claim 16:
`
`Kim discloses a communication method of a communication device that performs communication by a
`
`first link and a second link (See para 402 and fig. 38, “the multi-link device may be connected to the AP
`
`multi-link device through a first link and asecond link”. Also, see paras 402-410), the communication
`
`method comprising the steps of: setting a transmission suppression period of thefirst link ona basis of a
`
`signal received by thefirst link (See para 411 and fig. 38, “The multi-link device may set the second STA
`
`to a doze state during the TXOP period configuredin the first link ... In other words, the multi-link
`
`

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`Application/Control Number: 17/910,369
`Art Unit: 2472
`
`Page 7
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`device may change the state of the second STA from the doze state to the awakestate after the end
`
`of the TXOP period setin the first link”. Also, see paras 402-410); and
`
`setting the second occupancy period onabasis of the first transmission suppression information (See
`
`para 344, “when STA 1 doesnot receive BA 1, non-AP MLD 1 may changethe state of STA 2 froma
`
`doze state to an awakestate”. para 370, “STA 2 may perform CCA untilit detects a frame in which
`
`NAV can beset”. para 389, “the STA 2 may maintain the doze state without changing to the awake
`
`state based on the acquired NAV time information”).
`
`Allowable Subject Matter
`
`Claims 3-10 and 12-15 are objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewrittenin independent form including all of the limitations of the base claimand
`
`any intervening claims.
`
`Conclusion
`
`The prior art made of recordand notrelied upon is considered pertinent to applicant's
`
`disclosure. Kim et al. US 2023/0122740 A1 discloses AP MLD may set a non-STRvirtual NAV not to
`
`transmit a frame toa STA in charge of another link of the STA MLD during a transmission time of the
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`PPDU1. Cherian et al. US 2021/0212045 A1 discloses a networkallocation vector (NAV) for each link of
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`multiple wireless links of the first MLD based on a duration field in the first control frame.
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`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to HASHIM S BHATTI whose telephone number is (571)270-7748. The examiner can
`
`normally be reached Mon-Fri 9:00am-5:30pm.
`
`

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`Application/Control Number: 17/910,369
`Art Unit: 2472
`
`Page 8
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
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`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Khaled Kassimcan be reached on 571-270-3770. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
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`571-272-1000.
`
`HASHIM S. BHATTI
`
`Primary Examiner
`Art Unit 2472
`
`/HASHIMS BHATTI/
`Primary Examiner, Art Unit 2472
`
`