UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`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
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`731156.639USPC
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`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
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`ART UNIT
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`2466
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/07/2018
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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
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`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
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`Application No.
`15/551 ,248
`Examiner
`Aixa A Guadalupe-Cruz
`
`Applicant(s)
`KATO, Osamu
`Art Unit
`2466
`
`AIA 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 8/15/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`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*
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`5)
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`Claim(s) fl 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 aflowabte. 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).
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`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..
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`Certified copies of the priority documents have been received.
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`2.[:]
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`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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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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 20181029
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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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`This application has been examined.
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`Claims 1—5 are pending.
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`Claim Objections
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`4.
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`Claim 4 is objected to because of the following informalities: the claim is missing the last
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`(closing) period and the end of the claim. Appropriate correction is required.
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`Claim Rejections - 35 US C § 102
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`5.
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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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`6.
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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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`7.
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`Claim(s) 1—5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szufarska
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`et al. (US Patent Application Publication 2013/0109395; hereinafter Szufarska).
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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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`Regarding claims 1 and 5 Szufarska discloses a radio communication terminal
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`that communicates with a radio base station apparatus through a network in which a
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`plurality of radio communication schemes are present for use in a mixed manner (fig. 3),
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`and a method (fig. 2), comprising:
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`a processor (fig. 3, processor); and
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`an antenna (fig. 3, transceiver),
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`wherein the processor acquires location information of the radio communication
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`terminal (proximity information; paragraphs 0007, 0013, 0060-006], 0064; wherein the
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`terminal acquires its location information, to be used in proximity information that’s sent
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`to the serving base station),
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`wherein the processor locates a connection base station as a radio base station
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`apparatus that communicates user data with the radio communication terminal, among a
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`plurality of the radio base station apparatuses (paragraphs 0067-0069, 0073, 0082;
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`wherein the terminal identifies a source base station that is serving the terminal, among
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`many different base stations as seen in fig. 1), based on the location information of the
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`radio communication terminal and on information that is the history of communication
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`with the radio base station apparatus in every location in which the radio communication
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`terminal is present (paragraphs 0067, 0069, 0073-0074; wherein given the current
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`location of the UE (as provided by the proximity information) and on the previous
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`connection to other base stations/carriers, the terminal identifies the best base station to
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`be connected to), 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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`wherein through the antenna, the user data is communicated between the radio
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`communication terminal and the connection base station (paragraph 0082; via the
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`transceiver, communication occurs between the terminal and the base station(s)).
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`Regarding claim 2 Szufarska discloses the radio communication terminal of
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`claim 1, wherein the processor locates the connection base station, preferentially a radio
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`base station apparatus that has many of the communication histories (paragraphs 0064,
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`0067-0070, for example; wherein the processor in the UE locates the base station,
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`preferably the one with which a previous connection was established).
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`Regarding claim 3 Szufarska discloses the radio communication terminal of
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`claim 1, wherein the information that is the history of communication includes an amount
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`of data communication that takes place during communication with the radio base station
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`apparatus, the data communication time for which the communication with the radio base
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`station apparatus is performed, or the number of times that data station communication
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`with the radio base apparatus is performed (please note that this claim has an “or”
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`clause, thus only one of the cited options is required for the claim to be met; paragraphs
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`0064, 0067, 0069; a previous time connected to the HeNB, at least one (i. e. a number of
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`times) ).
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`Regarding claim 4 Szufarska discloses the radio communication terminal of
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`claim 1, further comprising: a memory in which the information that is the history of
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`communication with the radio base station apparatus in every location in which the radio
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`communication terminal is present is accumulated (fig. 3 memory; paragraph 0064;
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`storing the set(s) of carriers), wherein the processor updates the information that is the
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`history of communication which is accumulated in memory, based on the history of
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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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`communication relating to the communication of the user data between a connection base
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`station to which the user data is communicated through the antenna and the connection
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`base station (paragraphs 0084-0085; wherein the processor is the element that acquires
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`the information and updates these values in memory).
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`Conclusion
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`8.
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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
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`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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`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
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`

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`Application/Control Number: 15/551,248
`Art Unit: 2466
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`Page 6
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`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.
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`Aixa Guadalupe—Cruz
`Examiner
`
`Art Unit 2466
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`/FARUK HAMZA/
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`Supervisory Patent Examiner, Art Unit 2466
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`