`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`14/352,019
`
`04/15/2014
`
`Hiroaki Sudo
`
`732256.426USPC
`
`9155
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`
`
`
`M I ABDELTIF
`
`ART UNIT
`
`2478
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/05/2018
`
`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.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`
`Applicant(s)
`
` . . . . 14/352,019 suoo, HIROAKI
`
`
`
`Examiner-Initiated Interwew Summary
`
`
`
`Art Unit
`
`
`
`Examiner
`
`All participants (applicant, applicant’s representative, PTO personnel):
`
`(1) ABDEL TlF AJID.
`
`(3) Timothy L. Boiler Registration No. 47,435.
`
`ABDELTIF AJID
`
`2478
`
`(2) SPE Derrick Ferris.
`
`(4)
`
`.
`
`Date of Interview: 25 April 2018.
`
`Type:
`
`IZI Telephonic D Video Conference
`D Personal [copy given to: D applicant D applicant’s representative]
`
`Exhibit shown or demonstration conducted: D Yes
`If Yes, brief description:
`
`D No.
`
`Issues Discussed D101 D112 D102 D103 IXlOthers
`(For each of the checked b0x(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: 1.
`
`
`
`Identification of prior art discussed: Sudo (US 2012/0051455 A 12 and Khan (US 20070026813 A12. .
`
`Substance of Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`Applicant requested an interview before issuing an office action (see remark on page 8 filed on 12/20/20172, so the
`examiner granted the interview. Examiner and examiner’s supervisor discussed With the application the amended claim
`language and specifically the terms “signal frequencies” and “signal-frequency interval” with respect to a frequency axis
`since these explicit terms did not expressly appear in applicant’s specification. The examiner and examiner's
`supervisor requested that applicant show the support With respect to the above claimed features; however, no additional
`response was received from applicant before the mailing of this Office action. As also noted during the interview, the
`examiner a
`lied broadest reasonable inter retation which was consistent with a
`licant’s ori inall
`filed 3 ecification in
`
`para. [00181 and, in particular, para. [00451. As such, the examiner noted that Khan clarifies a frequency axis and that
`the “length of the first transmission signal-frequency interval is longer than a length of the second transmission signal-
`fre uenc interval” still a
`lies with res eat to the number of times the bits are transmitted i.e.
`the si nal fre uencies
`as claimed Which is consistent With ara. 0045 ofa
`licant’s s eciflcation. U on further review after the interview the
`
`If this is What applicant had
`examiner notes that subcarrier grouping is further not expressly recited in the claims.
`intended, With respect to Fig. 3 of their specification, then the examiner requests that applicant amend their claims
`accordingly. The examiner thanks Applicant for having the interview and being able to clarify his position. No
`agreement was reached..
`
`Applicant recordation instructions:
`
`It is not necessary for applicant to provide a separate record of the substance of interview.
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of the
`substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`D Attachment
`lABDELTIF AJID/
`Examiner, Art Unit 2478
`
`lDERRICK FERRIS/
`Supervisory Patent Examiner, Art Unit 2478
`
`US. Patent and Trademark Office
`
`PTOL-413B (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20180428
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/352,019 suoo, HIROAKI
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`ABDELTIF AJID its“ 2478
`
`-- The MAILING DA TE of this communication appears on the cover sheet with 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 CFR1. 136( a).
`after SIX () MONTHS from 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) 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 12/20/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 12 4 5 8 9 11-16 18-21 and 23-26is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)I:I Claim(s)
`is/are allowed.
`
`7)|Z| Claim(s) 12 4 5 8 911- 1618-21 and 23-26is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, 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
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`hI/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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)
`
`
`
`3) m Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180428
`
`

`

`Application/Control Number: 14/352,019
`
`Page 2
`
`Art Unit: 2478
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Priority
`
`2.
`
`This office action is response to the application No 14/352019 filed on
`
`04/15/2014, which claims priority to Foreign Priority: JAPAN, Priority #: 2011-
`
`246482 filed on 11/10/2011, and national stage entry of PCT/JP2012/006472 filed on
`
`10/10/2012.
`
`Response to Amendment
`
`3.
`
`Acknowledgment is made of Applicant's submission of amendment, dated
`
`12/20/2017. This communication is considered fully responsive and sets forth below:
`
`Specification
`
`1.
`
`The specification is objected to as failing to provide proper antecedent basis for
`
`the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01 (0). Correction
`
`of the following is required: “signal frequencies” and “signal-frequency interval”. During
`
`an interview held with applicant’s representative on April 25th, a request was made by
`
`the examiner and examiner's supervisor for the above amended claim terms. The
`
`examiner further noted that this would aid in better understanding the context of
`
`applicant's claimed invention with respect to the signal frequency interval.
`
`

`

`Application/Control Number: 14/352,019
`
`Page 3
`
`Art Unit: 2478
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`5.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`6.
`
`Claims1-2, 4-5, 8-9, 11-16,18—19 ,21 and 24 are rejected by Sudo
`
`jWO2010125820A1). (Examiner Note: in this office action, Sudo (US 2012/0051455 A1 )
`
`will be used as its English translation for better mapping) in view of Khan (US
`
`20070026813 A1 ).
`
`Regarding claim1, Sudo teaches a transmission apparatus([0022] FIG. 1
`
`illustrates a configuration of a transmitting apparatus according to the present
`
`embodiment...) comprising: generation circuitry, which, in operation, generates a
`
`transmission rate request signal for each of whole frequencies used for a
`
`

`

`Application/Control Number: 14/352,019
`
`Page 4
`
`Art Unit: 2478
`
`communication with a counterpart([0023] CQI generating section 102 generates a
`
`CO! that is a control signal representing information for requesting the
`
`transmission rate according to the channel state of transmitting apparatus 100.
`
`Here, the generated CO! is represented by a plurality of bits. Then, CQI generating
`
`section 102 outputs the generated CO! to serial/parallel (S/P) converting
`
`section 103),
`
`the transmission rate request signal being a signal for requesting a transmission
`
`rate for the each of the whole frequencies ([0023] CO! generating section 102
`
`generates a CO! that is a control signal representing information for requesting
`
`the transmission rate according to the channel state of transmitting
`
`apparatus100...) and including a high-order bit and a low-order bit([0024] ...S/P
`
`converting section 103 divides the converted parallel CQI into upper bits and
`
`lower bits...);
`
`control circuitry, which, in operation, sets, among the whole frequencies, a first
`
`subset of s_iqn_al frequencies for which the high-order bit is transmitted and a second
`
`subset of s_iqn_al frequencies for which the low-order bit is transmitted([0103] ...the
`
`transmitting apparatus may set the transmission interval of CQI—upper bits and
`
`the transmission interval of CQI-Iower bits for each sub carrier group...the
`
`transmitting apparatus (that is, OFDM transmitting apparatus) may group a
`
`plurality of subcarriers into a plurality of subcarrier groups and set the
`
`transmission interval of CQI-upper bits and the transmission interval of CQI-Iower
`
`bits for each subcarrier group....), so that the first subset of signal frequencies
`
`

`

`Application/Control Number: 14/352,019
`
`Page 5
`
`Art Unit: 2478
`
`includes fewer frequencies than the second subset of flgn_al frequencies([0037]...That
`
`is, upper bit transmission control section 104 sets the frequency of transmission
`
`of CO! -upper bits to be lower than the frequency of transmission of CQI-Iower
`
`bits...); and
`
`transmission circuitry, which, in operation, transmits the high-order bit for the first
`
`subset of flgn_al frequencies and the low-order bit for the second subset of fign_al
`
`frequencies([0028] ...the CO! upper bits and the CQI-Iower bits are transmitted
`
`based on the transmission intervals respectively set by upper bit transmission
`
`control section 104 and lower bit transmission control section 105, respectively),
`
`a length of the first transmission flgn_al frequency interval is longer than a length
`
`of the second transmission flgn_al frequency interval ([0037] As described above,
`
`upper bit transmission control section 104 sets the transmission interval of COI-
`
`upper bits to be longer than the transmission interval of CQI-Iower bit
`
`...) (examiner note :the transmission interval of CQl-upper bits teaches the first
`
`transmission signal frequency interval; the transmission interval of CQI-lower bits
`
`teaches the second transmission s_iqn_al frequency interval).
`
`Sudo does not teach wherein the first subset of s_iqn_al frequencies have a first
`
`transmission signal-frequency interval and the second subset of s_iqn_al frequencies have
`
`a second transmission signal-frequency interval the frequency axis.
`
`However, Khan (US 20070026813 A1) teaches wherein the first subset of s_iqn_al
`
`frequencies have a first transmission signal-frequency interval and the second subset of
`
`signal frequencies have a second transmission signal-frequency interval the frequency
`
`

`

`Application/Control Number: 14/352,019
`
`Page 6
`
`Art Unit: 2478
`
`axis ([0038] in aseerttartee Witt: the prteetptes at the present disetasere, $3 1 t5
`
`and 33 t t a measure srte er mare parameters at the received sawrrtr’rtk signats
`
`and repart ettaaaet quattty indieater (ear) data back ta BS 182. 58 m2 uses this
`
`ehartrtet eeeiity teettaaek intermatiart ta settettete 33 t t5 and SS t t5 te receive in
`
`certain seabarta’s. tr: the exampte trt 2“”th 3, SS t re is settettetett arr seeearttts
`
`fiat, 352, 336, SB? and 358, where the stranrtet quality far 33 1 re is better than
`
`the sttarmet eaattty ter SS 2115. 3 “its is eeaeeetee an seeeartes $33, $34 and
`
`
`$85} (examiner nete: subbands SE33 SE34 and SE35 teaches the first subset of signal
`
`frequencies have a first transmission signal-frequency interval; subbaeds 881. $82.
`
`$56. 837 and 558 teaches the second subset of fign_al frequencies have a second
`
`transmission signal-frequency interval);
`
`(See tie. 3? wherein it teaches {sueeanes S33, S84 amt $85) and (sueeertes $31,
`
`$82, $86, $3? and $88) have etttererrt teragttts in frequency eats)
`
`

`

`Application/Control Number: 14/352,019
`
`Page 7
`
`Art Unit: 2478
`
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`It would have been obvious to one of an ordinary skill in the art at the time the
`
`invention was made to combine Sudo’s teaching by Khan‘s teaching to improve Sudo‘s
`
`invention, in order to schedule subscriber station into separate frequency such that they
`
`do not interfere with one another .
`
`Regarding claim2, the combination of Sudo and Khan teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches wherein the control circuitry, in operation, sets more
`
`frequencies to the first subset of signal frequencies when a channel condition with the
`
`

`

`Application/Control Number: 14/352,019
`
`Page 8
`
`Art Unit: 2478
`
`counterpart varies rapidly([0057] Here, When the rate of channel variation increases
`
`(When channel variation is significant), a possibility that the 00! Will frequently
`
`change is high, and thus transmitting apparatus 200 needs to increase the
`
`frequency of transmission of the CO! by further shortening the transmission
`
`interval of CQI—upper bit...) than when the channel condition varies
`
`slowly([0057]...Meanwhile, as the rate of channel variation decreases (the channel
`
`variation is moderate), a possibility that the 00! Will change less is high. In this
`
`case, even though transmitting apparatus 200 reduces the transmission
`
`frequency by further making the transmission interval of 00! upper bits longer...).
`
`3.
`
`(Canceled)
`
`Regarding claim4, the combination of Sudo and Khan teaches the transmission
`
`apparatus according to claim 18,
`
`Sudo further teaches wherein the transmission circuitry, in operation,
`
`transmits
`
`information representing for which frequency both of the high-order bit and the low-order
`
`bit are transmitted([0103] ...the transmitting apparatus (that is, OFDM transmitting
`
`apparatus) may group a plurality of subcarriers into a plurality of subcarrier
`
`groups and set the transmission interval of CQI—upper bits and the transmission
`
`interval of CQI-Iower bits for each subcarrier group...the transmitting apparatus
`
`independently sets the appropriate transmission interval for each subcarrier and
`
`reduces the amount of CO! information for each subcarrier...)
`
`Regarding claim5, the combination of Sudo and Khan teaches the transmission
`
`apparatus according to claim 1.
`
`

`

`Application/Control Number: 14/352,019
`
`Page 9
`
`Art Unit: 2478
`
`Sudo further teaches wherein control circuitry, in operation, changes frequencies
`
`included in each of the first subset of flgn_al frequencies and the second subset of fign_al
`
`frequencies so that both of the high-order bit and the low-order bit are transmitted for all
`
`of the flgn_al frequencies in a specific time period ([0066] Timing generating section
`
`301 generates information representing timing of the communication start (a
`
`communication start time). Then, timing generating section 301 outputs the
`
`generated information to upper bit transmission control section 302 and lower bit
`
`transmission control section 303...). .
`
`6.-7. (Canceled)
`
`Regarding claim8, the combination of Sudo and Khan teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches further comprising a plurality of antennas([0104]
`
`A
`
`transmitting apparatus (not shown) including a plurality of transmitting
`
`antennas..), wherein:
`
`the control circuitry, in operation, sets the first subset of s_iqn_al frequencies and the
`
`second subsets_iqn_al of frequencies independently for each of the plurality of
`
`antennas([0104]
`
`the transmitting apparatus independently sets the appropriate
`
`transmission interval for each transmitting antenna...);and
`
`the transmission circuitry, in operation,
`
`transmits the high-order bit and the low-
`
`order bit by using each of the plurality of antennas([0104] ...The transmitting
`
`apparatus may set the transmission interval of CQI-upper bits to be twice the
`
`transmission interval of CQI-Iower bits for the transmitting antenna 1...
`
`

`

`Application/Control Number: 14/352,019
`
`Page 10
`
`Art Unit: 2478
`
`transmitting apparatus may set the transmission interval of CQI-upper bits to be
`
`three times the transmission interval of CQI-Iower bits for the transmitting
`
`antenna 2...).
`
`Regarding claim9, the combination of Sudo and Khan teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches further comprising a plurality of antennas([0104]... the
`
`transmitting apparatus independently sets the appropriate transmission interval
`
`for each transmitting antenna...), wherein:
`
`control circuitry, in operation, sets the first subset of flgn_al frequencies independently
`
`for each of the plurality of antennas([0105]... the transmitting apparatus may
`
`transmit only CQI—upper bits only for a certain transmitting antenna ...), and
`
`thereby sets a frequency for transmitting all the plurality of bits; and the transmission
`
`circuitry, in operation, transmits the high-order bit and the low-order bit by using each of
`
`the plurality of antennas([0104]
`
`The transmitting apparatus may set the
`
`transmission interval of CQI-upper bits to be twice the transmission interval of
`
`CQI—Iower bits for the transmitting antenna 1... transmitting apparatus may set
`
`the transmission interval of CQI-upper bits to be three times the transmission
`
`interval of CQI-Iower bits for the transmitting antenna 2...).
`
`10.
`
`(Canceled).
`
`Regarding claim11, the combination of Sudo and Khan teaches the
`
`transmission apparatus according to claim 1.
`
`Sudo further teaches which is incorporated in a communication terminal
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`

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`Page 11
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`Art Unit: 2478
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`apparatus ([0106] ...a communication terminal apparatus or a base station
`
`apparatus may be used as the transmitting apparatus according to the present
`
`embodiment...).
`
`Regarding claim12, the combination of Sudo and Khan teaches the
`
`communication terminal apparatus according to claim 11.
`
`Sudo further teaches which is configured to transmit the transmission rate
`
`request signal to a base station apparatus([0002] ...considering a technique of
`
`transmitting a transmission rate request signal (referred to as a channel quality
`
`indicator (CO!) in the 3GPP standard) Which is a control signal for requesting
`
`setting of a transmission rate from a transmitting apparatus (for example, a
`
`communication terminal apparatus) to a receiving apparatus (for example, a base
`
`station apparatus)...).
`
`Regarding claim13, Sudo teaches a transmitting method comprising: generating
`
`a transmission rate request signal for each of a set of s_iqn_al frequencies used for
`
`communication with a counterpart([0023] CQI generating section 102 generates a
`
`CO! that is a control signal representing information for requesting the
`
`transmission rate according to the channel state of transmitting apparatus 100.
`
`Here, the generated CO! is represented by a plurality of bits. Then, CQI generating
`
`section 102 outputs the generated CO! to serial/parallel (S/P) converting
`
`section103), the transmission rate request signal being a signal for requesting a
`
`transmission rate for each of the set of frequencies ([0023] CO! generating section 102
`
`generates a CO! that is a control signal representing information for requesting
`
`

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`Page 12
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`Art Unit: 2478
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`the transmission rate according to the channel state of transmitting
`
`apparatus100...), the transmission rate request signal including a high-order bit and a
`
`low-order bit([0024] ...S/P converting section 103 divides the converted parallel
`
`CQI into upper bits and lower bits...);
`
`setting, among the set of flgn_al frequencies, a first subset of flgn_al frequencies for
`
`which the high-order bit is transmitted and a second subset of fign_al frequencies for
`
`which the low-order bit is transmitted([0103] Further, with the present invention, the
`
`transmitting apparatus may set the transmission interval of CQI—upper bits and
`
`the transmission interval of CQI-Iower bits for each sub carrier group...the
`
`transmitting apparatus (that is, OFDM transmitting apparatus) may group a
`
`plurality of subcarriers into a plurality of subcarrier groups and set the
`
`transmission interval of CQI-upper bits and the transmission interval of CQI-Iower
`
`bits for each subcarrier group....),
`
`the first subset of s_iqn_al frequencies including fewer frequencies than the second
`
`subset of s_iqn_al frequencies([0037] As described above, upper bit transmission
`
`control section 104 sets the transmission interval of CQI—upper bits to be longer
`
`than the transmission interval of CQI—Iower bits... That is, upper bit transmission
`
`control section 104 sets the frequency of transmission of 00! -upper bits to be
`
`lower than the frequency of transmission of CQI—Iower bits...); and transmitting the
`
`high-order bit for the first subset of s_iqn_al frequencies and the low-order bit for the
`
`second subset of s_iqn_al frequencies([0028] ...the CO! upper bits and the CQI-Iower
`
`bits are transmitted based on the transmission intervals respectively set by upper
`
`

`

`Application/Control Number: 14/352,019
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`Page 13
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`Art Unit: 2478
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`bit transmission control section 104 and lower bit transmission control section
`
`105, respectively),
`
`a
`
`length of the first transmission flgn_aI-frequency interval is longer than a length of
`
`the second transmission flgn_aI-frequency interval ([0037] As described above, upper
`
`bit transmission control section 104 sets the transmission interval of CQI—upper
`
`bits to be longer than the transmission interval of CQI-Iower bits...)(examiner note
`
`:the transmission interval of CQl-upper bits teaches the first transmission m-
`
`frequency interval; the transmission interval of CQI-lower bits teaches the second
`
`transmission flgn_aI-frequency interval);
`
`Sudo does not teach wherein the first subset of flgn_al frequencies have a first
`
`transmission flgn_aI-frequency interval and the second subset of flgn_al frequencies have
`
`a second transmission flgn_aI-frequency interval the frequency axis.
`
`However, Khan (US 20070026813 A1) teaches wherein the first subset of fign_al
`
`frequencies have a first transmission s_iqn_al—frequency interval and the second subset of
`
`s_iqn_al frequencies have a second transmission s_iqn_al—frequency interval the frequency
`
`aLis ([0038] in accereience with the principles at the present riiecieeere, S3 t ta
`
`anti 3S t t5 measure ene er rncre parameters at the received dewniinir eignaie
`
`anti reperi channet eeaiity indieeter (Ct?!) date heck te 53 “5'02. 83 iii? neee this
`
`chanhei enaiity ieetihacit inierrnatien te echea’aie 38 t 15 and 83 t t6 te receive in
`
`certain eehhane‘e. in the exempie in Pitt. 3, SS 1 t5 ie echee’eieei en enhhentie
`
`$8 t, $82, eee, $8? and $88, where the ehannei eeeiity icr $5 i 15 ie hetter than
`
`the channet eeaiity ier 33 i t5. 3 115 ie echetiuiee en euhbantie $33, $84 ene
`
`

`

`Application/Control Number: 14/352,019
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`Page 14
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`Art Unit: 2478
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`$85) {examiner nnte: eubbande 8533. S84 and SE35 teaches: the first subset of signal
`
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`
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`
`transmission signal-frequency interval)
`
`(if-See fig. 33 wherein it teeenee (subbands $335, $84 and $85) and (subbands SB1,
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`8B2, 8B6, SB? and 8B8) have different Eengtne in frequency ante)
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`It would have been obvious to one of an ordinary skill in the art at the time the
`
`invention was made to combine Sudo’s teaching by Khan‘s teaching to improve Sudo‘s
`
`invention, in order to schedule subscriber station into separate frequency such that they
`
`

`

`Application/Control Number: 14/352,019
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`Page 15
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`Art Unit: 2478
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`do not interfere with one another .
`
`Regarding claim14, the combination of Sudo and Khan Kawamura teaches the
`
`transmission apparatus according to Claim 1.
`
`Sudo further teaches wherein the transmission circuitry, in operation, transmits,
`
`at a timing of starting the communication, all bits of the transmission rate request signal
`
`for all the set of flgn_al frequencies, regardless of whether a fign_al frequency of the set
`
`of flgn_al frequencies is included in the first subset of flgn_al frequencies or the second
`
`subset ofsign—al frequencies ([0073]... transmitting apparatus 300 transmits the
`
`upper bits and CQI-Iower bits, that is, all bits of the CO! at the communication
`
`start time).
`
`Regarding claim15, the combination of Sudo and Khan teaches the
`
`transmission apparatus according to Claim 1,
`
`Sudo further teaches wherein the transmission circuitry, in operation,
`
`transmits
`
`the high-order bit for the second subset of s_iqn_al frequencies when specific information
`
`is to be transmitted on the second subset of s_iqn_al frequencies ([0050] Transmission
`
`time information generating section 203 generates transmission time information
`
`representing Whether or not CQI-upper bits are to be transmitted at each time of
`
`the COI based on the information representing the transmission time input from
`
`upper bit transmission control section 202. For example, transmission time
`
`information generating section 203 generates one bit (0 or 1) representing the
`
`presence and absence of transmission of CQI-upper bits as the transmission time
`
`information...).
`
`

`

`Application/Control Number: 14/352,019
`
`Page 16
`
`Art Unit: 2478
`
`Regarding claim16, the combination of Sudo and Khan teaches the
`
`transmission apparatus according to Claim 1.
`
`Sudo further teaches wherein when a highest-order bit of the transmission rate
`
`request signal for a flgn_al frequency in the second subset of flgn_al frequencies is
`
`changed, the transmission circuitry, in operation,
`
`transmits the high-order bit for the
`
`frequency in the second subset of flgn_al frequencies([0057] Here, When the rate of
`
`channel variation increases (When channel variation is significant), a possibility
`
`that the 00! Will frequently change is high, and thus transmitting apparatus 200
`
`needs to increase the frequency of transmission of the CO! by further shortening
`
`the transmission interval of CQI-upper bits. Meanwhile, as the rate of channel
`
`variation decreases (the channel variation is moderate), a possibility that the 00!
`
`Will change less is high. In this case, even though transmitting apparatus 200
`
`reduces the transmission frequency by further making the transmission interval
`
`of 00! upper bits longer, the receiving apparatus can select the transmission rate
`
`using the accurate CO!)
`
`17.
`
`(Canceled)
`
`Regarding claim18, the combination of Sudo and Khan teaches the
`
`transmission apparatus according to Claim 1,
`
`Sudo further teaches wherein: a plurality of s_iqn_al frequencies are included in
`
`both the first subset of s_iqn_al frequencies and the second subset of s_iqn_al
`
`frequencies([0062] ...a transmitting apparatus (that is, OFDM transmitting
`
`apparatus) may group a plu