UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/551,248
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`08/15/2017
`
`Osamu KATO
`
`731156.639USPC
`
`6735
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`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
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`GUADALUPE CRUZ” AIXA AMYR
`
`ART UNIT
`
`2466
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/18/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
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`Application No.
`15/551 ,248
`Examiner
`Aixa A Guadalupe-Cruz
`
`Applicant(s)
`KATO, Osamu
`Art Unit
`2466
`
`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
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`Status
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`1). Responsive to communication(s) filed on 1/24/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] 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.
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—18 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on See Continuation Sheet is/are: a). accepted or b)l:j objected to by the Examiner.
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`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:
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`a). All
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`b)D Some**
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190411
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`

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`Continuation Sheet (PTOL-326)
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`Application No. 15/551 ,248
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`Continuation of Application Papers 11): 8/15/2017
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
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`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA 0r AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`2.
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`3.
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`4.
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`5.
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`Responsive to amendments filed 1/24/2019.
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`Claims 6—18 have been added. Claims 1—18 are pending.
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`Response to Arguments
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`Informalities of claim 4 have been corrected, thus the objection is hereby withdrawn.
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`Applicant’s amendments and remarks filed 1/24/2019 have been fully considered but
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`they are moot in light of the new grounds of rejection presented below and necessitated by the
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`amendments.
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`Claim Rejections - 35 US C § 102
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`6.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`7.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis 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)(l) the claimed invention was patented, described in a printed publication, or in public use, on sale or
`otherwise available to the public before the effective filing date of the claimed invention.
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
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`Page 3
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`8.
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`Claim(s) l—lS is/are rejected under 35 U.S.C. 102(a)(l) as being anticipated by Kim (US
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`Patent Application Publication 2013/0229931).
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`Regarding claims 1 and 5 Kim discloses a radio communication terminal
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`operable in a heterogeneous network including a plurality of radio communication
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`systems (fig. 9), and a method, comprising:
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`a processor (fig. 9), which in operation,
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`acquires location information of the radio communication terminal
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`(paragraphs 0266-0267; wherein the terminal reports mobility history
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`information to a base station),
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`in response to communication history of the radio communication terminal
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`corresponding to the acquired location information with a radio base station
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`apparatus satisfying a defined condition, determines the radio base station
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`apparatus as a connection base station (paragraphs 0275-0276; wherein under
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`certain conditions, the base station serves the terminal), and
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`in response to the communication history of the radio communication
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`terminal corresponding to the acquired location information with the radio base
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`station apparatus not satisfying the defined condition, performs a cell search for
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`another radio base station apparatus to serve as the connection base station near a
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`location corresponding to the acquired location information of the radio
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`communication terminal (paragraphs 02 77; wherein when the conditions vary
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`(i.e. do not satisfy a condition) the terminal is served by a micro cell); and
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
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`Page 4
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`an antenna (fig. 9) which, in operation, communicates user data between the radio
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`communication terminal and the connection base station (paragraphs 02 75 -02 77;
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`wherein the terminal and base station exchange information).
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`Regarding claims 2 and 16 Kim discloses the radio communication terminal of
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`claim 1 and the method of claim 5, wherein the processor selects the radio base station
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`apparatus as the connection base station, amongst a plurality of radio base station
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`apparatuses, based on communication histories respectively of the plurality of radio base
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`station apparatuses (paragraphs 0267-0274; table I; wherein the selected micro station is
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`among those listed as camped by the terminal in the mobility history information
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`provided by the terminal).
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`Regarding claims 3 and 17 Kim discloses the radio communication terminal of
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`claim 1 and method of claim 5, wherein the communication history includes one or more
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`selected from a group consisting of: an amount of data communicated between the radio
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`communication terminal corresponding to the acquired location information and the radio
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`base station apparatus, an amount of time spent for communication between the radio
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`communication terminal corresponding to the acquired location information and the radio
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`base station apparatus, and a number of times communication is performed between the
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`radio communication terminal corresponding to the acquired location information and the
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`radio base apparatus (note that the claim language only requires one of the options for
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`the limitation to be met) (table I; wherein the history information comprises information
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`on time camped at the cell and number of times communication is performed with a
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`station).
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
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`Page 5
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`Regarding claims 4 and 18 Kim discloses the radio communication terminal of
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`claim 1 and method of claim 5, further comprising: a memory including the
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`communication history of the radio communication terminal at a plurality of locations
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`(see table I); and updating the communication history in the memory based on the user
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`data communicated between the radio communication terminal and the connection base
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`station (paragraph 027]; wherein the terminal updates the info and it is saved in the base
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`station).
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`Regarding claims 6 and 11 Kim discloses the radio communication terminal of
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`claim 1 and method of claim 5, wherein the processor, in response to the communication
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`history of the radio communication terminal corresponding to the acquired location
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`information with the radio base station apparatus satisfying the defined condition, does
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`not perform the cell search for another radio base station apparatus (paragraphs 02 75 -
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`0276; wherein under certain conditions, the base station serves the terminal).
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`Regarding claims 7 and 12 Kim discloses the radio communication terminal of
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`claim 1 and method of claim 5, wherein the processor, in response to the communication
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`history indicating a number of times communication is performed between the radio
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`communication terminal corresponding to the acquired location information and the radio
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`base station apparatus being less than a defined number, performs the cell search for
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`another radio base station apparatus (paragraphs 0274-0277; wherein when the number
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`of handovers is greater than a value (thus, communicating less with the base station), the
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`terminal is sent to a micro station).
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`Regarding claims 8 and 13 Kim discloses the radio communication terminal of
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`claim 1 and method of claim 5, wherein the processor, in response to the communication
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
`
`Page 6
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`history indicating an amount of data communicated between the radio communication
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`terminal corresponding to the acquired location information and the radio base station
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`apparatus being less than a defined amount, performs the cell search for another radio
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`base station apparatus (paragraphs 0274-0277; wherein when valid time of mobility is
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`less than a number, the terminal is served by a micro station).
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`Regarding claims 9 and 14 Kim discloses the radio communication terminal of
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`claim 1 and method of claim 5, wherein the processor, in response to the communication
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`history indicating an amount of time spent for communication between the radio
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`communication terminal corresponding to the acquired location information and the radio
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`base station apparatus being less than a defined amount, performs the cell search for
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`another radio base station apparatus (paragraphs 0274-0277; wherein when the stay time
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`at the cell is short, the terminal is served by the micro station).
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`Regarding claims 10 and 15 Kim discloses the radio communication terminal of
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`claim 1 and method of claim 5, further comprising: a memory storing a database
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`including the communication history (table I), wherein the processor, in operation,
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`updates the database based on the user data communicated between the radio
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`communication terminal and the connection base station (paragraph 02 7]; wherein the
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`terminal updates the info and it is saved in the base station).
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`Conclusion
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`9.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR l.l36(a).
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
`
`Page 7
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR l.l36(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`10.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Aixa A Guadalupe—Cruz whose telephone number is (571)270—
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`7523. The examiner can normally be reached on Monday — Thursday 7AM — 5:30PM.
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`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Faruk Hamza can be reached on 571—272—7969. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
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`Page 8
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`Aixa Guadalupe—Cruz
`Examiner
`
`Art Unit 2466
`
`/FARUK HAMZA/
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`Supervisory Patent Examiner, Art Unit 2466
`
`