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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`15/565,379
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`10/09/2017
`
`Osamu Kato
`
`731156.651USPC
`
`5724
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`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
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`HAQUE' ABUSAYEED M
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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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`11/15/2018
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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
`
`Application No.
`15/565,379
`Examiner
`ABUSAYEED HAQUE
`
`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 10/09/2017.
`[: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) 1 and 5 is/are rejected.
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`Claim(s) 2i 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
`[:1 Claim(s)
`9
`* 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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`http://www.uspto.gov/patents/init events/pph/index.'sp 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 10/09/2017 is/are: a). accepted or b)C] 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)|:] Some”
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`c)C] 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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`21:]
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`Certified copies of the priority documents have been received in Application No.
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`3D 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 DateW.
`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 20181108
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`

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`Application/Control Number: 15/565,379
`Art Unit: 2466
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`Page 2
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`DETAILED ACTION
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`This office action is a response to an application filed on
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`10/09/2017, in which claims 1-5 are pending and ready for
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`examination.
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`Priority
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`Applicant’s claim for the benefit of a prior-filed application
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`under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or
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`386(c) is acknowledged.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate
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`paragraphs of 35 U.S.C. 102 that form the basis for the
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`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)(1) 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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`

`

`Application/Control Number: 15/565,379
`Art Unit: 2466
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`Page 3
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`Claims 1 and 5 are rejected under 35 U.S.C 102 (a) (1) as
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`being anticipated by Xia et al. (hereinafter, “Xia”;
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`20130129005)
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`As to claim 1, Xia teaches a wireless communication apparatus
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`which communicates with another wireless communication
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`apparatus over a wireless backhaul line in which a plurality of
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`wireless communication schemes are mixed and used,
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`comprising: a processor that determines whether or not to
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`add redundant data to data, in accordance with an allowable
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`delay time of the data (paragraph 25, lines 1—18, transport data is
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`equated to data, paragraph 26, lines 1—16, latency sensitive data and
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`latency parameters are equated to allowable delay time of data,
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`paragraph 28,|ines 1—14, determining remove or reduce the overhead
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`for latency sensitive is taken as determines whether or not to add
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`redundant data to data, error coding is equated to redundant data,
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`adjusting modulation is taken as performing in accordance with an
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`

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`Application/Control Number: 15/565,379
`Art Unit: 2466
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`Page 4
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`allowable delay time of the data, fig. 4, element 400, paragraph 37,lines
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`1—13, using data processor is taken as the processer performs the claim
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`functionality); and
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`an antenna that transmits the data by adding or not adding
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`the redundant data to the data, in accordance with a result of
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`the determination (paragraph 28, lines 1—14, determining remove or
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`reduce the overhead for latency sensitive is taken performing
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`determination, adjusting modulation is taken as performing in
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`accordance with in accordance with a result ofthe determination
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`paragraph 37, lines 1—13 and paragraph 38, lines 1—12, teaches
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`transmitting data, paragraph 40, lines 1—6, is read as using antenna for
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`transmitting data).
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`As to claim 5, Xia teaches a wireless communication method of a
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`wireless communication apparatus which communicates with
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`

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`Application/Control Number: 15/565,379
`Art Unit: 2466
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`Page 5
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`another wireless communication apparatus over a wireless
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`backhaul line in which a plurality of wireless communication
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`schemes are mixed and used, the method comprising
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`determining whether or not to add redundant data to data, in
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`accordance with an allowable delay time of the data
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`(paragraph 25, lines 1—18, transport data is equated to data, paragraph
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`26, lines 1—16, latency sensitive data and latency parameters are
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`equated to allowable delay time of data, paragraph 28,lines 1—14,
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`determining remove or reduce the overhead for latency sensitive is
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`taken as determines whether or not to add redundant data to data,
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`error coding is equated to redundant data, adjusting modulation is
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`taken as performing in accordance with an allowable delay time of the
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`data, fig. 4, element 400, paragraph 37,lines 1—13, using data processor
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`is taken as the processer performs the claim functionality); and
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`transmitting the data by adding or not adding the redundant
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`data to the data, in accordance with a result of the
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`

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`Application/Control Number: 15/565,379
`Art Unit: 2466
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`Page 6
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`determination (paragraph 28, lines 1—14, determining remove or
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`reduce the overhead for latency sensitive is taken performing
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`determination, adjusting modulation is taken as performing in
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`accordance within accordance with a result ofthe determination
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`paragraph 37, lines 1—13 and paragraph 38, lines 1—12, teaches
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`transmitting data, paragraph 40, lines 1—6, is read as using antenna for
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`transmitting data).
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`Allowable Subject Matter
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`Claim 2-4 are objected to as being dependent upon a
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`rejected base claim, but would be allowable it rewritten in
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`independent form including all of the limitations of the base
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`claim and any intervening claims.
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`The Closest reasonable prior art in the record for claim 2
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`(20130129005; Xia) teaches in paragraphs 30-38 abound
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`

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`Application/Control Number: 15/565,379
`Art Unit: 2466
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`Page 7
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`classifying data based on latencies, but fails to disclose using
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`predetermined time (claim 2,line 5) for classifying data.
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`Conclusion
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`The prior art made of record and not relied upon is
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`considered pertinent to applicant's disclosure. Any inquiry
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`concerning this communication or earlier communications from
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`the examiner should be directed to ABUSAYEED HAQUE whose
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`telephone number is (571)270-7252. The examiner can normally
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`be reached on 9 am -7:30 pm.
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`Examiner interviews are available via telephone, in-person,
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`and video conferencing using a USPTO supplied web-based
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`collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 15/565,379
`Art Unit: 2466
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`Page 8
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`If attempts to reach the examiner by telephone are
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`unsuccessful, the examiner’s supervisor, Faruk Hamza can be
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`reached on 571-272—7969. The fax phone number for the
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`organization where this application or proceeding is assigned is
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`571 -273-8300.
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`Information regarding the status of an application may be
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`obtained from the Patent Application Information Retrieval (PAIR)
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`system. Status information for published applications may be
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`obtained from either Private PAIR or Public PAIR. Status
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`information for unpublished applications is available through
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`Private PAIR only. For more information about the PAIR system,
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`see http://pair-direct.uspto.gov. Should you have questions on
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`