`
`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
`
`
`
`
`
`14/609, 145
`
`01/29/2015
`
`Stefano GALLI
`
`734356.409C4
`
`1007
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`SHAH, SAUMIT
`
`PAPER NUIVIBER
`
`ART UNIT
`
`2414
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/21/2017
`
`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):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/609,145 GALLI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`SAUMIT SHAH its“ 2414
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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 (6) 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.
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`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 10/18/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l 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
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI C|aim(s) M is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) I] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`.
`4) I:I Other:
`.
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20161205
`
`is/are allowed.
`6 El Claim s)
`s M is/are rejected.
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`is/are objected to.
`
`) )
`
`_
`
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`are subject to restriction and/or election requirement.
`9)I:I C|aim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`hit
`:i/wwwusnto. ov/ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
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`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
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`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
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`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.
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`Attachment(s)
`
`
`
`

`

`Application/Control Number: 14/609,145
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`Art Unit: 2414
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`Page 2
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`1.
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`The present application is being examined under the pre-AIA first to invent provisions.
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`DETAILED ACTION
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`Response to Amendment
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`2.
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`Applicant’s amendment filed on 10/18/2016 has been entered. Claims 10-19 are still pending in
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`this application, with claims 10 and 18 being independent.
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`Terminal Disclaimer
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`3.
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`The terminal disclaimer filed on 10/18/2016 disclaiming the terminal portion of any patent granted
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`on this application which would extend beyond the expiration date of patent no. 8971422 has been
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`reviewed and is accepted. The terminal disclaimer has been recorded.
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102, 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.
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`

`

`Application/Control Number: 14/609,145
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`Art Unit: 2414
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`Page 3
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`5.
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`Claims 10-19 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kodama et
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`al. (US 2006/0165047, provided in Applicant’s IDS dated 01/29/2015; hereinafter Kodama) in view of
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`Koga et al. (US 2007/0121676, provided in Applicant's IDS dated 01/29/2015; hereinafter Koga).
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`Regarding claim 10, Kodama discloses a communication apparatus which is capable of
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`communicating based on a first communication system via a transmission channel, wherein another
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`communication apparatus is communicating based on a second communication system via the
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`transmission channel [Kodama paragraphs 0088 and 0089 disclose communication systems A and B
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`transmitting in the same environment (transmission line 200)] , comprising:
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`a transmitter which is adapted for transmitting a first notice, which is rotated by a first phase
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`vector, within a first notification domain in a first communication cycle [see paragraph 0067; Kodama
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`Figure 9 shows a notice period divided into several notice slots. Each notice slot is allocated to a
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`communication method. Different communication methods can be distinguished from manufacturers of
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`the apparatuses 100 or data communication circuits (Kodama paragraph 0067). The controller that
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`acquired the transmitting right in one of the period or slot, transmits a signal (Kodama paragraph 0068). In
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`the example of Figure 9, a communication apparatus 1008 transmits the signal during a notice slot from
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`t22 to t23 (Kodama paragraph 0069). Thus, a first notice (transmitting a signal) is transmitted in a
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`notification domain (a notice slot) in a communication cycle (notice period)].
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`a detector which is adapted for detecting a second notice, which is rotated by a second phase
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`vector and transmitted from the another communication apparatus, within a second notification domain in
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`a second communication cycle after the first communication cycle. [The apparatus that acquired the
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`transmitting right in the last control period monitors the notice period of next control period, and when it
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`detects other apparatus send a signal, the apparatus that acquired the transmitting right in the last period
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`will acquire the transmitting right in the next period (see Kodama paragraph 0071). Thus, the notice
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`period of the next control period (a second communication cycle) is monitored and detected].
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`Wherein the transmitter is adapted for transmitting a data signal in a data transmission domain of
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`the second communication cycle or a third communication cycle after the second communication cycle
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`

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`Application/Control Number: 14/609,145
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`Art Unit: 2414
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`Page 4
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`[As mentioned above, the apparatus that acquired the transmitting right in the last control period monitors
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`the notice period of next control period, and when it detects other apparatus send a signal, the apparatus
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`that acquired the transmitting right in the last period will acquire the transmitting right in the next period
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`(see Kodama paragraph 0071 ). Thus, the data signal is transmitted in the second communication cycle
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`(next control period)].
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`Wherein the data transmission domain is allocated to the first communication system on the basis
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`of the first notice and the second notice [the apparatus that acquired the transmitting right in the last
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`control period (first notice period) monitors the notice period of next control period, and when it detects
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`other apparatus send a signal (second notice), the apparatus that acquired the transmitting right in the
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`last period will acquire the transmitting right in the next period (Kodama paragraph 0071). Thus, based on
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`last control period (i.e. first notice period), and detecting other apparatus sending a signal (i.e. second
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`notice period), the apparatus which acquired the transmitting right (first system) will acquire the
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`transmitting right in the next period].
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`Kodama does not expressly disclose the features of a first notice rotated by a first phase vector,
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`and a second notice rotated by a second phase vector.
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`However, in the same or similar field of invention, Koga discloses the features of a first notice
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`rotated by a first phase vector, and a second notice rotated by a second phase vector [a controller rotates
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`each of the sub-carriers by an appropriate phase vector (Koga paragraph 0064). The communication
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`apparatus operates controller to perform carrier detection using phase vector used for different signals.
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`Two different phase vectors are used for different signals (Koga paragraph 0077). Thus, Koga discloses
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`that two different signals can be rotated by two different phase vectors].
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to
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`modify Kodama to have the features of a first notice rotated by a first phase vector, and a second notice
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`rotated by a second phase vector as taught by Koga. The suggestion/motivation would have been to
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`provide easy signal detection when a plurality of types of communication apparatuses using different
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`communication methods are connected to a common transmission line [Koga paragraph 0011].
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`

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`Application/Control Number: 14/609,145
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`Art Unit: 2414
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`Page 5
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`Regarding claim 11, Kodama and Koga disclose the communication apparatus according to claim
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`10. Kodama and Koga further disclose wherein the first notification domain is allocated to the first
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`communication system and the second notification domain is allocated to the second communication
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`system [As shown in Kodama Figure 9, each notice slot is allocated to a communication method. Different
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`communication methods can be distinguished from manufacturers of the apparatuses 100 or data
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`communication circuits (Kodama paragraph 0067). In the example of Figure 9, a communication
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`apparatus 1008 transmits the signal during a notice slot from t22 to t23 (Kodama paragraph 0069).
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`Kodama Figure 2 also shows that different communication apparatuses acquired transmitting right in
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`different periods (see Kodama paragraph 0073)]. In addition, the same motivation is used as the rejection
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`of claim 10.
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`Regarding claim 12, Kodama and Koga disclose the communication apparatus according to claim
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`10. Kodama and Koga further disclose wherein the transmitter is adapted for transmitting a data signal in
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`the data transmission domain in a predetermined allocation order on the basis of the first notice and the
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`second notice [Kodama already discloses that based on last control period (first period), and detecting
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`other apparatus sending a signal in the second period, the apparatus which acquired the transmitting right
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`will acquire the transmitting right in the next period (see Kodama paragraph 0071 and rejection of claim
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`10). Koga further discloses that each time slot is allocated to communication method in a certain order,
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`and each modem stores data including time slot allocations (see Koga paragraph 0153). This suggests
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`transmitting in the data transmission domain in a predetermined allocation order]. In addition, the same
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`motivation is used as the rejection of claim 10.
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`Regarding claim 13, Kodama and Koga disclose the communication apparatus according to claim
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`12. Kodama and Koga further disclose a memory for storing the allocation order of the data transmission
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`domain in advance [Koga paragraph 0153; each time slot is allocated to communication method in a
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`certain order, and memory of each modem stores data including these time slot allocations]. In addition,
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`the same motivation is used as the rejection of claim 12.
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`

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`Application/Control Number: 14/609,145
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`Art Unit: 2414
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`Page 6
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`Regarding claim 14, Kodama and Koga disclose the communication apparatus according to claim
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`10. Kodama and Koga further disclose wherein the transmission channel is a power line which provides
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`an alternating current, wherein the first notification domain and the second notification domain are allotted
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`on the basis of zero cross points of the alternating current [Kodama paragraphs 0032 and 0034 disclose
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`that the communication apparatuses connect to a power line which supplies alternating current. Kodama
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`paragraph 0043 discloses that the AC cycle detector produces synchronizing signals with reference to the
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`zero crossing points. Koga paragraph 0125 discloses that each modem performs data communication
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`using as reference point a zero cross point of alternating current]. In addition, the same motivation is used
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`as the rejection of claim 10.
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`Regarding claim 15, Kodama and Koga disclose the communication apparatus according to claim
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`10. Kodama and Koga further disclose wherein the first notification domain and the second notification
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`domain are allotted periodically on the basis of a predetermined interval [Kodama Figure 9 shows that an
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`apparatus transmits signal during notice slot (t22 to t23) in a communication cycle (notice period or
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`control period). Kodama Figure 2 further shows control periods T1, T2, etc. for each communication
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`apparatus, where the control periods are repeated in line with AC cycle which is a predetermined interval
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`(also see Kodama paragraph 0073]. In addition, the same motivation is used as the rejection of claim 10.
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`Regarding claim 16, Kodama and Koga disclose the communication apparatus according to claim
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`10. Kodama and Koga further disclose wherein the transmitter is adapted for transmitting the first notice
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`within a first communication cycle including the first notification domain and a first data transmission
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`domain, wherein the detector is adapted for detecting the second notice within a second communication
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`cycle including the second notification domain and second data transmission domain [As mentioned in
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`the rejection of claim 10, Kodama discloses regarding transmitting the first notice in a communication
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`cycle in the first notification domain (see Kodama Figure 9 and paragraphs 0067-0069). Kodama also
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`discloses that the detector is adapted for detecting the second notice within a second communication
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`

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`Application/Control Number: 14/609,145
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`Art Unit: 2414
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`Page 7
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`cycle including the second notification domain (See rejection of claim 10 and Kodama paragraph 0071).
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`Koga further discloses that based on the number of communication methods, each modem divides time
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`domains during control period for data communication. For example, modem 10A1 sets its time domain to
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`perform data communication between t20 and t21; modem 1081 sets its time domain to perform data
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`transmission between t21 and t30 (see Koga paragraph 0093 and Figure 7(b)). The time domain for
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`performing data communication is a data transmission domain for each modem to transmit data]. In
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`addition, the same motivation is used as the rejection of claim 10.
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`Regarding claim 17, Kodama and Koga disclose the communication apparatus according to claim
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`10. Kodama and Koga further disclose wherein the first notification domain is included in a first
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`communication cycle including a first data transmission domain, wherein the second notification domain is
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`included in a second communication cycle including a second data transmission domain [Kodama Figure
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`9 shows that an apparatus transmits signal during a notice slot in a communication cycle. A
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`communication cycle is a notice period or a control period. Kodama Figure 2 shows control periods for
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`each communication apparatus and the control periods repeat with AC cycle, which indicates a
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`notification domain and data transmission domain in each communication cycle]. In addition, the same
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`motivation is used as the rejection of claim 10.
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`Regarding claim 18, see rejection of claim 10. Claim 18 is a method claim associated with the
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`apparatus of claim 10 with the same features. Therefore, the same rejection applies as the rejection for
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`claim 10.
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`Regarding claim 19, see rejection of claim 10. Kodama and Koga also disclose a communication
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`system comprising communication apparatuses as defined in claim 10.
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`Conclusion
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`

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`Application/Control Number: 14/609,145
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`Art Unit: 2414
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`Page 8
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`1000.
`
`/SAUM|T SHAH/
`
`Examiner, Art Unit 2414
`
`/EDAN ORGAD/
`
`Supervisory Patent Examiner, Art Unit 2414
`
`